Individuals Not Eligible for Automatic Visa Revalidation: You may wish to carry a helpful updated fact sheet concerning I-94 forms, which can be found. So my question is let us say i leave the country on 04/02/2020 and come back in 04/15/2020. The law can be found at 8 C.F.R. 22 CFR 41.112(d) provides: (ii) In cases where the original nonimmigrant classification of an alien has been changed by DHS to another nonimmigrant classification, the validity of an expired or unexpired nonimmigrant visa may be considered to be automatically extended to the date of application for readmission, and the visa may be converted as necessary to that changed classification. Not all non-immigrants will have their visa automatically revalidated. You must be careful though, Canada or some of the adjacent islands might require a visa to let you in the country. Automatic Visa Revalidation - A Complete Guide This procedure is known as Automatic Revalidation of the U.S. visa. Other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea. Students whose visa has been canceled. Automatic visa revalidation allows you to travel outside of the United States to certain countries in order to revalidate your visa. Citizenship and Immigration Services. But if you are already in the US and your visa is close to expiring or it has already expired but you are in the grace period, you can apply for visa revalidation. After reviewing all the available information, the officers will make a decision. Traveling to US territories with valid H1B status but no visa/stamp in passport. Is not inadmissible as a nonimmigrant under INA 212. If you have dependents, such as a spouse or children who are also seeking automatic revalidation, you must also bring the same documents for them too. Revalidation also allows the visa holder . Automatic visa revalidation, or AVR, refers to a process which allows temporary visitors who hold an expired nonimmigrant visa to re-enter into the U.S., without needing to obtain an entirely new visa. According to automatic visa revalidation, people on some non-immigrant visa statuses who visit Canada, Mexico or some adjacent islands close to the United States for . However, the process has been streamlined in recent years, in an effort to make the process easier on travelers. Under the automatic visa revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the United States may be admitted at a U.S. port of entry by U.S. Customs and Border Protection (CBP), including, but not limited to the following: | Our Privacy Policy | Disclaimer, Understanding the E2 Investor Visa: Top 10 Questions Answered, Requirements for a Successful TN Visa Border Application: A Comprehensive Guide for Canadian Citizens, US Immigration Update: In-person interviews waived for qualifying nonimmigrant visa applicants, Extending Your Stay in the U.S. with an Expired TN Visa Stamp: A Guide for Mexican Citizens, Understanding the Temporary and Permanent Intent for a TN Visa Status, Comprehensive Guide to Extending or Renewing Your H-1B Visa: Beyond the 6-Year Limit. You will be charged a fee for the visa application. Printout of electronic I-94, if you entered the U.S. after I-94 automation. If the officer revalidates your visa, then the visa will be re-issued for the same duration as your original visa. Are there ethnically non-Chinese members of the CCP right now? This fact sheet contains frequently asked questions about the I-94 (record of admission) automation. Do I Need a Lawyer for Automatic Visa Renewal? F students can also reenter after travel to adjacent islands other than Cuba, M students cannot. The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. If you are on an F-1 or M-1 visa, you must have your Form I-20, Certificate of Eligibility for Nonimmigrants which was issued by the school or institution you are attending. Is applying for readmission within the authorized period of initial admission or extension of stay. Automatic visa revalidation is only available to certain types of non-immigrants: If any of the above apply to you, then you are likely ineligible for automatic visa revalidation. Has maintained and intends to resume nonimmigrant status. What Are Some Helpful Tips Regarding Automatic Visa Revalidation? OPT and Traveling Abroad | Office of International Education - gatech.edu With automatic revalidation, your visa will be extended to the date of reentry, eliminating the need to obtain a new visa at a U.S. consulate before that particular reentry. If your visa has expired, then you will need to re-apply for your visa through your local U.S. embassy or consulate in your home country. Automatic visa revalidation - Wikipedia You dont have a pending or rejected application for a new visa (as its not feasible to renew a nonimmigrant visa in the United States, a person with a non-immigrant visa may travel to a nearby country to apply for a new visa). Can I go to Canada or Mexico and apply for a new visa? These are processes which you must follow if you are applying for a new visa and you are outside of the US in your own home country. If you have changed your immigration status in the US then you should be readmitted in the changed classification. Visa Renewal | ISSC | ASU - Arizona State University . Even if you are in possession of a valid admission stamp on paper Form I-94, you may need to re-apply at a U.S. embassy or consulate prior to arrival at a U.S. port of entry. Can I renew my visa while outside the United States in a country other than my home country? These countries are: Democratic Peoples Republic of Korea (North Korea). Travel Information for F-1 Students | ISS | PLU Check with the embassy of the country you wish to visit at least three months before your trip to find out if you need a visa and how to apply. Instead, all you need to do is leave the United States and re-enter. I-94 Automation Fact Sheet | U.S. Customs and Border Protection Receipt confirming payment of the SEVIS fee, if applicable. Unexpired passport, valid for 6 months beyond the date of reentry to the U.S. I-20 or DS-2019 with a travel signature from OISS signed within the last 12 months (6 months for F-1 students on post-completion OPT or STEM OPT). Did This is intended to minimize the risk that they will not be able to re-enter the country upon their return. This is the one that you must give to the CBP officers when asking for automatic revalidation. Your visa will be considered to be "extended" to the date of reentry, eliminating the need to obtain a new visa at a U.S. consulate before that particular re-entry. A .gov website belongs to an official government organization in the United States. Passport that is valid for 6 months beyond the date of reentry. Your criminal record must be clean to increase your chances of re-entry. visa. Individuals who have changed status in the United States and hold a U.S. visa for the previous status may still use AVR, but they are advised to carry current supporting immigration documents when traveling. The regulations it mentions say essentially the same rules: 8 CFR 214.1 (a)(3) and (b) and 22 CFR 41.112(d). You must have a valid admission stamp on your Form I-94. US Visa Appointment How to Schedule a US Visa Appointment? Generally, an alien must present a valid, unexpired visa in the category for which application for admission is being made, each time he or she enters the United States (unless exempt from the visa requirement). Thus, not every type of visa is eligible for AVR. The automatic revalidation rule, also called automatic visa revalidation rule, is a US immigration policy that allows certain nonimmigrants to re-enter the US with an expired US visa after visiting Canada or Mexico for a period of thirty days or less. Once you leave the US, the countdown begins. If the individual had been admitted with an electronic I-94, it will be best if he or she travels with a print-out of the I-94 record; that electronic I-94 record will be revalidated to reflect the new entry, on the same electronic I-94 record. A select list of videos available through U.S. Embassy websites. Vanderbilt University does not discriminate against individuals on the basis of their race, sex, sexual orientation, gender identity, religion, color, national or ethnic origin, age, disability, military service, or genetic information in its administration of educational policies, programs, or activities; admissions policies; scholarship and loan programs; athletic or other University-administered programs; or employment. The officer may deny your request if you have a criminal record, for example. This means that travelling through major United States airports will often result in less problems for those re-entering the United States using the AVR rule. Currently, the paper I-94 replacement application costs over $300 and takes a few months. If you originally had a two-year visa, for example, then your revalidated visa will be valid for the same two year period. What is the number of ways to spell French word chrysanthme ? US Visa Requirements Documents for US Visa Application, US Visa Waiver Program Visa Waiver Information, Frequently Asked Questions (FAQs) About US Visas, F-2 Visa for Depenedents of F1 Visa Holders, J-2 Visa: For Dependents of J1 Visa Holders, M-1 Visa for Vocational and non-Academic Education, H-1B Visa for Person in Specialty Occupations, H-1B1 Visa for Professionals from Chile and Singapore, H-4 Visa for Dependents of H Visa Holders, L-1B Visa for Workers in a Specialized Knowledge Position, L-2 Visa for Dependents of L visa holders, R1 Visa Temporary Non-Immigrant Religious Workers, O-1 Visa for Persons With Extraordinary Ability, P Visa for Athletes, Artists and Entertainers, Treaty Trader & Investor Visas (E1, E2 & E3), E-3 Visa Work Visa for Australian Nationals, IR-2 Visa for Unmarried Children of a U.S Citize, IR-3 Visa for Children Adopted Abroad by a U.S Citizen, IR-4 Visa for Children Adopted Within the U.S by a U.S Citizen, F-2A Visa for spouses and minor children under 21 years old, F-2B Visa for adult children over 21 years old, F-3 Visa for married children of U.S citizens and their families, F-4 Visa for siblings of U.S citizens and their families, Green Card Information on the U.S Permanent Residence, Family Based Green Card Information and Requirements, Diversity Visa Visa Program Information. Learn more about Stack Overflow the company, and our products. In that case, the visa is considered "converted" to the proper visa category as well as "extended" to allow reentry. Finally, an attorney can help guide you through the entire automatic visa revalidation process, and ensure that you meet all of the necessary requirements. This article explains how to establish your qualification and eligibility for AVR. An official website of the United States government. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Your passport must be valid for at least six months from your date of re-entry to the U.S., unless your country is a member of the so-called , You must possess your portion of the approval notice (bottom left side of the I-797) if in H-1B status. 22 CFR 41.112(d), you may apply for admission to resume your Does "4 months left on my H1B" refer to the expiration date on the visa sticker in your passport? I WAS ABLE TO COME BACK INTO USA WITHOUT MUCH HASSLE. But if you qualify and fulfill some requirements, you might be eligible for automatic visa revalidation. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law It is important to make sure that you receive this stamp before travelling. GovAssist is affiliated with the UT law firm GovAssist Legal which provides legal services on immigration matters. Has not applied for a new visa during this particular trip. Section 214.1. and 22 Section C.F.R. non-immigrant status. You also do not need to go to a US Embassy or submit supporting documents. Can I renew my student visa while in the United States? To increase efficiency, reduce operating costs, and streamline the admissions process, U.S. Customs and Border Protection (CBP) has automated the Form I-94 at air and sea ports of entry. You will have to apply for a new visa at a U.S. Consulate andyou will have to wait for your visa to be approved before you can reenter the U.S. Can I Apply for a New Visa While Traveling? We've helped more than 6 million clients find the right lawyer for free. The automatic visa revalidation process was developed by the United States Department of Homeland Security (DHS) and Customs and Border Protection (CBP) to make the revalidation of non-immigrant visas a smoother and easier process. Applying for a U.S visa in Canada, Mexico, or an Adjacent Island country during your 30-day absence from the U.S immediately . However, if you entered the US after April 30th, 2013, the US authorities will have given you an electronic Form I-94. Is there any potential negative effect of adding something to the PATH variable that is not yet installed on the system? The automatic visa revalidation rule is also known as the contiguous territory rule. I-94 Process | ISSS - University of Pennsylvania It is important to note that automatic visa revalidation is not the same as obtaining a visa extension, or filing for a new visa. If you will be traveling by air, you should confirm that your airline is familiar with the visa revalidation process and will issue you a boarding pass when returning to the US even though you have an expired US visa in your passport.