The Automatic Visa Revalidation Program Allows Travel to Contiguous Territories Without Needing a Visa Stamp

Foreign nationals who are in the U.S. on a nonimmigrant status are aware (we hope) that normally they need to have a valid U.S. visa stamp in order to reenter the U.S. after a trip abroad.    Every day our office fields questions by nonimmigrant status holders about the process of renewing their U.S. visa stamp due to an upcoming trip but the reality is that sometimes people simply do not need a new visa if their destination is one of the Caribbean islands or Canada and they are planning a short trip.    We hope to help our readers understand how the automatic visa revalidation program can help them with traveling and reentering the U.S. without getting a new U.S. visa stamp.

What is the Automatic Visa Revalidation Program?

The Automatic Visa Revalidation program is a Department of State rule which allows holders of many classes of nonimmigrant U.S. status to travel from the U.S. to a “contiguous territory” and return to the U.S. without having to have a current valid visa stamp in the passport.

Specifically, foreign nationals who are in the U.S. on F, J, H and O status can travel to Canada or Mexico and return to the U.S. without a valid visa stamp.  Foreign nationals who are in the U.S. on F (student) or J (exchange) status can, in addition to Mexico and Canada, visit the “adjacent islands” (Caribbean islands except Cuba) and return to the U.S. without a valid visa stamp in their passport.

The term “adjacent islands” includes Saint Pierre, Miquelon, Cuba, 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. INA 101(b)(5).

The automatic revalidation is a slight misnomer because it does not “revalidate” the visa in the passport in all circumstances.  If the visa stamp in the passport matches the current status in the U.S., then the stamp is considered to be automatically revalidated as of the date of the person’s trip back to the U.S. and solely for the purpose of that entry into the U.S.  If, on the other hand, the person has changed status in the U.S. so that the previous (and expired) visa stamp in the passport does not match the current status in which the foreign national is seeking to be admitted, the visa stamp is considered to be changed to the visa type corresponding to the current status of admission.

Eligibility, Requirements and Regulations

There are certain requirements which must be met before one is able to take advantage of the automatic visa revalidation program.   The relevant regulations are set in 22 CFR 41.112 and essentially set the following requirements for foreign nationals who wish to travel to the U.S. without a valid visa under this program:

  • You must have been maintaining valid status in the U.S. by having valid I-94 card and I-797 petition or I-20/DS-2019 documents.
  • You are not a citizen of one of the countries which are considered sponsors of terrorism (Iran, Sudan and Syria).
  • The time outside the U.S. must not exceed 30 days and must be spent solely in a contiguous territory – Canada, Mexico and, for F/J holders, the Caribbean islands, except Cuba.
  • Upon return, you must present valid and current supporting visa document such as I-20, DS-2019, or I-797.
  • You must have a valid and unexpired passport at the time of the return into the U.S.
  • You did not apply for a U.S. visa while in the contiguous country or adjacent island, as applicable.

We recommend that foreign nationals who are planning to take advantage of the automatic visa revalidation program to enter the U.S. familiarize themselves and ensure that they meet these requirements.   It may also be a good idea to carry the Customs and Border Protection (CBP) Fact Sheet and, if necessary, present it at the port of entry.

It should also be noted that simply because a person may be eligible to reenter the U.S. under the automatic visa revalidation program does not remove the requirement, if applicable, for an entry visa to the adjacent country.

Conclusion

We are hopeful that this information would help a number of foreign nationals be able to travel to Canada, Mexico or, the adjacent islands for F or J visitors.    Our office is happy to provide consultations or to help analyze a specific situation pertaining to a foreign national seeking to travel to and from the US under the automatic visa revalidation program.   Please feel free to to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.

By | Last Updated: May 20th, 2017| Categories: Articles, News, Students, Travel, Visa Processing|

About the Author: Dimo Michailov

Dimo Michailov
Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability.

The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration.   Disclaimer:  we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts.  It is not to be construed as legal advice.