Visa Revalidation: What You Need to Know

Visa Revalidation: What You Need to Know

Moving into the U.S. does not require permanent residency, and different statuses apply for different individuals. Automatic Visa Revalidation is one of the few exceptions that allows aliens to lawfully enter the U.S with a valid visa. This rule applies to nonimmigrants and is different on a case-to-case basis. Nonimmigrants can use automatic visa revalidation to apply for re-admission after traveling to “contiguous territory” such as Canada, Mexico or adjacent islands close to the United States.

The nonimmigrant alien might be readmitted by the U.S. Customs and Border Protection in the same status as shown previously on his/her expired visa, or in a different nonimmigrant classification if a change in status occurred when the alien was in the US. However, the alien in question should have been absent from the U.S. for not more than 30 days, and the individual’s travels must have been limited to certain geographical locations. 

Class F and J nonimmigrants may be readmitted into the U.S. if they meet the following qualifications:

• Readmission form a contiguous territory or island
• Absence of fewer than 30 days
• Have the endorsed Form I-94 showing the unexpired period of initial admission/extension/stay or possess the Certificate of Eligibility Student and Exchange Visitor Information System
• Possess a valid passport unless exempted
• No application for a new visa during the period he/she was outside the U.S.
• Has maintained his/her nonimmigrant status and intends to resume

For all other nonimmigrants, the following rules shall apply:

• Readmission form a contiguous territory
• Absence from the U.S. for not more than 30 days
• Have the endorsed Form I-94 showing the unexpired period of initial admission/extension/stay ((SEVIS) I-20AB or SEVIS DS-2029)
• All M-1 Students should present an endorsed SEVIS Form I-20MN
• Possess a valid passport unless exempted
• Doesn’t require approval for admission under the INA 212(d)(3)
• He/she has maintained nonimmigrant status and intends to resume
• Hasn’t applied for a new visa during the stay abroad

It is important to remember that automatic visa revalidation does not apply to citizens of countries that have been identified as supporting terrorism by the State Department’s annual report to Congress. These countries are Iran, Syria, Sudan, and Cuba.

There are various exceptions to this rule.

• Visa Waiver Program

Aliens that were previously admitted to the United States under the Visa Waiver Program can only be readmitted for the remainder of the original Visa Waiver Program.

• Nationals of Iran, Syria, and Cuba

Citizens of the countries above are ineligible for automatic visa validation. To get into the country, individuals must present a valid visa before they are admitted into the country.  The nonimmigrants will only be admitted in the status shown on the visa.

For a better understanding of the automatic visa revalidation, it is important to understand some of the terms below.

• Contiguous Territory: A country that touches another country’s border is a contiguous territory. For the U.S., there are only two countries.
• F-1 nonimmigrants: Foreign students that come to the U.S to pursue a full course of academic study in SEVP-approved schools. An F-2, on the other hand, is an alien who is the spouse or child of the F-1 student.
• M-1 nonimmigrant: This is a foreigner pursuing a course at a SEVP-approved vocational or other non-academic institutions in the United States. The M-2 nonimmigrant is the spouse or child of the M-1 student.
• J-1 nonimmigrant: This refers to foreign nationals that have been sponsored to the U.S. to participate in an exchange visitor program. This classification also includes individuals that receive graduate medical education or training. A J-2 nonimmigrant is, therefore, the spouse or child of the J-1 nonimmigrant
• SEVP: The Student Exchange and Visitor Program ensures that government agencies have all the necessary information on foreign nonimmigrant students. The program facilitates the approval of class F and M students and provides advice to the institutions and students involved
• SEVIS: This is a web-based system that carries information on all foreign nonimmigrant students and exchange visitors. The system tracks and monitors the aforementioned individuals for purposes of national security and enables SEVP to carry out its reports.

It is important to remember that for an alien to travel with a spouse, proof is needed. Therefore, national documents are essential. A qualifying child according to the immigration laws is one under 21 years. Any child above that age cannot be admitted into the U.S. under the F-2, M-2 or J-2 status.

Conclusion.

RunRex.com is qualified to advise you on all the legal requirements and procedures you will be required to go through as a non-immigrant. Our team of highly qualified professionals will dedicate its time and resources to ensure that we assist you with all documentation and technicalities in the admission process. 

Whether you are seeking admission as an academic, vocational student or exchange program visitor, RunRex.com, has the solution for you. For more details, visit our website, today.