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As a general rule, if a non-immigrant (U.S. foreign national in temporary status) travels outside of the U.S. with an expired visa, he must reapply for and receive a new visa to be re-admitted into the U.S. However that is not always the case. Automatic Revalidation provides an important exception for non-immigrants who are maintaining legal status travelling to countries that are “contiguous” to the U.S.

What is Automatic Revalidation?

Automatic revalidation applies to non-immigrants who travel from the U.S. to Canada or Mexico with an expired visa and re-enter the U.S. without a new visa stamp. For this exception to apply, the non-immigrant must

(1) Travel for no more than 30 days to Mexico or Canada

(2) Have an unexpired admission stamp or paper Form I-94.

Under this rule, the traveler’s expired visa will be automatically revalidated as of the date that he requests re-entry into the U.S. In other words, the expired visa will be considered valid during the short period of time that he seeks to return to the U.S. It should be noted that the visa will only be revalidated for that purpose, and no new visa is actually granted.

Furthermore, this exception may also apply to non-immigrants who have changed visa categories while within the U.S.  If a non-immigrant does not depart the U.S. and applies for a change of status, the visa stamp in his passport will reflect his initial category, even though he has changed status. In this situation, the initial visa stamp that matches his old status (whether expired or unexpired) will be considered as a stamp matching the new status, and the visa will be revalidated to permit his return into the U.S.

If you are in F or J status, automatic revalidation will still apply to you, but you can travel to adjacent islands (other than Cuba) as well.

Understand that you cannot use this benefit to travel outside of Mexico, Canada or the adjacent islands. For example, you cannot travel to Mexico, then travel to India and back to Mexico to enter the U.S. using automatic revalidation.

Exceptions to Automatic Revalidation

While automatic revalidation benefits many non-immigrants, it must be noted that the rule does not apply in some situations.

For example, readmission under this rule is not available to an individual who applies for a new visa at the U.S. Consulate during his travels to Mexico or Canada. Although this may later benefit the individual if he receives a new visa, he will be out of luck if the request for a new visa is denied. This also applies where you apply for a new visa, but it has not yet been issued. Basically, you cannot use automatic revalidation as a back-up plan.

Additionally, certain groups are excluded from the benefits of automatic revalidation.  The rule does not apply to citizens of countries identified as supporting terrorism in the State Department’s annual report to Congress.

Everyone’s situation is different. Before choosing to use this benefit be sure to contact a qualified immigration attorney. You do NOT want to apply this incorrectly and be stuck in another country or have to fly back to your home country unexpectedly.

By Krystal Alanis and Paloma Feghali 

Krystal Alanis

Direct: 713-457-5703

Email: [email protected]

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