Automatic Revalidation
Under certain circumstances, federal regulations (22 CFR 41.112(d) and 8 CFR 214.1(b)(1)-(4)) permit an individual to reenter the United States after a visit of 30 days or less solely to Canada or Mexico without having to obtain a new visa from a US Consulate or Embassy prior to reentry. For those in J (or F) status, automatic revalidation also applies to the “adjacent islands,” except Cuba.
Warning 1: If you have a petition or application for a change or extension of status pending with or approved by USCIS, it may be risky to travel outside the US prior to the approved start date, as specified on the new I-94 at the bottom of the Approval Notice from USCIS! Doing so may result in severe immigration consequences. Consult the Manager of Immigration Services for any questions.
Warning 2: Attempting to reenter the US under Automatic Revalidation is at your own risk! It may be helpful to carry printouts of the federal regulations governing Automatic Revalidation and related webpage information from the US Department of State and Customs and Border Protection (CBP) /US Department of Homeland Security. Also, some CBP officers may not be familiar with Automatic Revalidation and you may need to ask to speak to a supervisor. It may be helpful to cross the border/go through CBP Preflight Inspection on a non-holiday, weekday during the daytime (between 8 am – 3 pm), as there may be a better chance of having experienced officers and/or supervisors on duty. There have been reports of individuals experiencing long delays and interrogation upon reentry or even having to pay a fee to waive the requirement to have a valid visa visa ($585 with a possible increase to $2,750 without advanced notice) to be allowed back into the US. Also, in the unfortunate event that one’s documents are lost or stolen before arriving at a US Port of Entry, he/she (and any dependent family members) may have to return to their home country to apply for a new visa in order to return to the US.
Warning 3: In June 2021, an official from CBP Headquarters, who is responsible for disseminating information to officers at the US Ports of Entry, publicly stated that Automatic Revalidation does not apply after a change of status from within the US. That is contradictory to current written guidance available and to what has been the practice at the border. If one attempts to reenter the US under this provision following a change of status, he/she (and any dependent family members) may have to return to their home country to apply for a new visa in order to return the US or possibly be given the option to pay a fee to waive the requirement to have a valid visa ($585 with a possible increase to $2,750 without advanced notice).
Automatic revalidation is supposed to apply in two ways:
- If you have a visa in your passport that matches your current status, but has expired, its validity may be considered to be automatically extended on the date of your return to the US.
- If you have changed status while in the US, and you have a visa in your passport that matches your status from your last entry to the US, its validity may be considered to be automatically extended on the date of your return to the US to apply to your current status.
For reentry under the Automatic Visa Revalidation provision, hand-carry:
- Passport–valid for at least 6 months from date of return to the US
- US visa that has expired and/or was for your previous nonimmigrant status issued by a US Consulate or Embassy in your (current or previous) passport
- Valid I-94. If you were issued a paper I-94 card, you should carry it to present to CBP for readmission to the US. If your I-94 record was created electronically, it is recommended that you carry a print out of your I-94 record even though CBP will be able to access it.
- Immigration documents and evidence of employment/appointment at Salk, as described below under Entry/Reentry into the US.
The Automatic Visa Revalidation benefit is not extended to individuals who:
- are from countries designated by the US Department of State as state sponsors of terrorism.
- have ever overstayed (e.g., stayed beyond their period of authorized stay/I-94 expiration date).
- apply for a new visa at a US Consulate or Embassy while in a contiguous territory.
See also: