Automatic Visa Revalidation  

There is a procedure available in the law, known as "automatic visa revalidation," which allows a person with an expired visa to re-enter the United States after a visit to Canada or Mexico, using a valid, unexpired I-94 in place of a visa. The rules are simple:

The person seeking re-entry must be returning from a visit to Canada or Mexico of less than 30 days duration. (Note: This procedure is not available if any other countries are visited while outside the U.S.);
The person seeking re-entry must be in possession of a valid, unexpired form I-94. In the case of F and J nonimmigrant's, they must also have a current I-20 or DS-2019, as appropriate; and,
The person seeking re-entry must have a valid passport.

Anyone meeting these criteria will be allowed to re-enter the United States as though they had never left. If the person seeking re-entry has had his or her status changed (such as from F-1 to H-1, or B-2 to F-2), then the person will be readmitted in the changed classification as if they had a visa in the proper category.

There are certain issues that must be kept in mind before using this procedure. They include:

The person applying for re-entry must present an original I-94. This means that you cannot allow the airline (or anyone else) to remove your I-94 when you depart from the U.S.

 
The I-94 presented must be valid. This means that it cannot have expired, or be for an incorrect nonimmigrant status. An example of this would be the case of a visitor (B-2) who is attending school, but who has not received change of status to F-1, but departs and tries to re-enter. In this case, the person would be returning to the U.S. to attend school, but would not have a student (F-1) I-94.
The person seeking re-entry must not have violated his or her status when previously in the U.S. If a person entered the U.S. as an F-1, violated status by working, and then tried to re-enter using an F-1 I-94 and an I-20 (and no visa), he or she would be subject to being refused entry.

PLEASE NOTE: If you make an application for a new visa at a US consulate in Canada, you will be ineligible to use "automatic revalidation". Please consider also, that even if you may be eligible for “automatic revalidation,” you may still be subject to significant delays at the Canadian (or Mexican) border to the US due to the your field of study being on the Technology Alert List or for a security check or "clearance". You should check with your international student adviser to see if this may be an issue in your case. Also keep in mind that "automatic revalidation" is not available to individuals from a country which the US Department of State has declared a State sponsoring terrorism. For more information about the arrangements necessary to apply for a visa in Canada or Mexico, visit the Bureau of Consular Affairs web-site at: http://travel.state.gov/visa_services.html.

The specific legal authority for this provision is found at Title 22, Code of Federal Regulations, Section 41.112(d), and is quoted below in its entirety:

[ 22 C.F.R. 41.112(d)]

(d) AUTOMATIC EXTENSION OF VALIDITY AT PORTS OF ENTRY.

(1) Provided that the requirements set out in paragraph (d)(2) of this section are fully met, the following provisions apply to nonimmigrant aliens seeking readmission at ports of entry:

(i) The validity of an expired nonimmigrant visa issued under INA 101(a)(15) may be considered to be automatically extended to the date of application for readmission, and

(ii) In cases where the original nonimmigrant classification of an alien has been changed by INS 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.

(2) The provisions in paragraph (d)(1) of this section are applicable only in the case of a nonimmigrant alien who:

(i) Is in possession of a Form I-94. Arrival-Departure Record, endorsed by INS to show an unexpired period of initial admission or extension of stay, or, in the case of a qualified F or J student or exchange visitor or the accompanying spouse or child of such an alien, is in possession of a current Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, or Form IAP-66 (now DS-2019), Certificate of Eligibility for Exchange Visitor Status, issued by the school the student has been authorized to attend by INS, or by the sponsor of the exchange program in which the alien has been authorized to participate by INS, and endorsed by the issuing school official or program sponsor to indicate the period of initial admission or extension of stay authorized by INS;

(ii) Is applying for readmission after an absence not exceeding 30 days solely in contiguous territory, or, in the case of a student or exchange visitor or accompanying spouse or child meeting the stipulations of paragraph (d)(2)(i) of this section, after an absence not exceeding 30 days in contiguous territory or adjacent islands other than Cuba;

(iii) Has maintained and intends to resume nonimmigrant status;

(iv) Is applying for readmission within the authorized period of initial admission or extension of stay;

(v) Is in possession of a valid passport; and

(vi) Does not require authorization for admission under INA 212(d)(3).

(3) The provisions in paragraphs (d)(1) and (d)(2) of this section shall not apply to nationals of Iraq. (Now individuals from countries considered by the US Government to be state sponsors of terrorism may not be eligible for automatic visa revalidation)

[53 FR 9110, 9172, Mar. 21, 1988; 55 FR 46028, Oct. 31, 1990]