A non-immigrant alien who has previously presented a visa for admission to the United States may sometimes be readmitted (a) in the same non-immigrant classification as shown on an expired visa or (b) in a different non-immigrant classification than shown on an expired or valid visa if a change of status occurred while the individual was in the United States.
The non-immigrant alien’s absence from the United States must be limited to 30 days or less, and the individual’s travel must be limited to certain geographic locations. Admission under this procedure is called “automatic visa revalidation.”
Automatic visa revalidation is applied differently depending on the individual’s non-immigrant visa classification. Most non-immigrants may rely on automatic visa revalidation to apply for readmission after travel to a “contiguous territory” (Canada or Mexico). Non-immigrants in the F or J classification may rely on automatic visa revalidation to apply for readmission after travel to a “contiguous territory” or “adjacent islands other than Cuba.” At a minimum, in order to be eligible for this benefit, the non-immigrant alien must present a valid passport, a valid Form I-94 (Departure Record or Arrival-Departure Record), and either (a) an expired non-immigrant visa in any classification or (b) a current, valid non-immigrant visa in any classification.
Documentary and Other Requirements
To rely on automatic visa revalidation, a non-immigrant alien must meet the following conditions when applying for readmission to the United States:
Present a Form I-94 showing an unexpired period of initial or extended authorized stay.If the individual has applied for and received an extension or change of non-immigrant status while in the United States, the Form I-94 may be attached to, or separated from, a Form I-797, Notice of Action.
Non-immigrant aliens (including an accompanying spouse or child) applying to be admitted in F, M, or J classification must also present one of the following documents as applicable:
— F or M classification: A valid Form I-20, Certificate of Eligibility for Non-immigrant, issued by the school at which the Department of Homeland Security has authorized the principal non-immigrant’s attendance.
— J classification: A valid Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, issued by the authorized program sponsor showing the unexpired period of stay.
Present a valid passport with a non-immigrant visa, whether valid or expired, used for a prior admission to the United States. If the individual’s current passport does not contain the non-immigrant visa, the individual must present a prior passport with a visa. An expired non-immigrant visa includes (1) a visa that is no longer valid because of the passage of time and (2) a visa that is no longer valid because the maximum number of entries has been used.
Apply for readmission to the United States after an absence of 30 days or less solely to a contiguous territory (Canada or Mexico).
Non-immigrant aliens (including an accompanying spouse or child) applying to be admitted in the F or J classification may apply for readmission to the United States after an absence of 30 days or less solely to a contiguous territory or adjacent islands other than Cuba.
NOTE: Adjacent islands include Saint Pierre, Miquelon, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea.
Apply for readmission after having maintained non-immigrant status and intend to resume non-immigrant status at the time of the application for admission.
Apply for readmission without having applied for a visa while outside of the United States. A non-immigrant who would otherwise be eligible to reenter the United States pursuant to the authority of automatic revalidation loses eligibility if, while in a contiguous territory or on an adjacent island, the non-immigrant applied for a new visa and that visa application is pending a decision or has been denied.
Be admissible without a waiver under 8 U.S.C. §1182(d)(3) (INA § 212(d)(3)).
Canadian Citizens and Presentation of a Passport Containing a Visa
Canadian citizens must have been admitted at least once after presentation of a visa to qualify for automatic visa revalidation. Canadian citizens are exempt from the requirement to present a visa for admission to the United States in non-immigrant classifications other than E or K. If a Canadian citizen is admitted in a non-immigrant classification that does not require a visa and then changes status to E-1 or E-2 while in the United States, the Canadian citizen may not rely on automatic visa revalidation. Instead, this individual must apply for an E visa before readmission. The Canadian citizen must hold either a valid or an expired visa in the passport at the time of the application for admission in E-1 or E-2 status.
Customs and Border Protection may admit the non-immigrant alien based on the individual’s compliance with the above requirements for automatic visa revalidation. The admission may be in the same non-immigrant classification as shown on the valid Form I-94 that is presented by the non-immigrant alien and for the time period remaining on the Form I-94. Under automatic visa revalidation, an expired visa will be considered automatically extended to the date of application for readmission. Further, an expired visa or a valid visa may be converted as necessary to a changed classification.