What is the “Automatic Visa Revalidation Rule” and how it works?

If a nonimmigrant with an expired visa returns to an American port of entry to seek readmission after a departure from the United States, the rule of automatic revalidation allows for the automatic extension of the validity period of the expired visa, and if needed, automatic conversion of the visa’s nonimmigrant classification, subject to certain conditions.

This rule has never been so important to foreigners with expired visas who have being stuck in unreasonably long status change status with USCIS during the pandemic. For example, an F student is approaching OPT expiration date, but waiting for another master program to start. He submits F to B application to USCIS to cover the gap between the two programs, which takes about 24 months to be processed. His F visa expired, and he wants to start his new master’s program ASAP. This Automatic Visa Revalidation rule comes in handy.

This rule allows him to depart the U.S., enter Mexico or Canada, and immediately re-enter the U.S. with an automatic extension of his expired visa. His F-visas would be immediately revalidated upon his reentry to U.S. He successfully transfers himself from B pending to F and could start his new program right away.

To qualify for the Automatic Visa Revalidation Rule, one needs to meet the following requirements:

1. Is in possession of a valid I-94 and the valid I-20 and is legal in SEVIS (if you are hold F);
2. Has been outside of the United States for no more than thirty days;
3. Has not traveled to any country other than Canada or Mexico;
4. Has a valid passport that has at least 6 months of validity period;
5. Having maintained non immigration status;
6. Not requiring a waiver of inadmissibility under 212(d)(3);
7. Not having applied for a new visa while abroad; and
8. Is not a national of a State Sponsor of Terrorism designated country, including Iran, Syria, and Sudan.

If you meet the above-mentioned requirements, automatically revalidating your visa in the same or different category to the expired visa only takes a few days. This rule provides enormous convenience for foreigners who try to maintain legal status during this difficult period. 

Attorney Jing Feng is a decorated immigration lawyer who has been working in immigration for years. She has notable experience in this domain and has successfully gained U.S. residency for thousands of her clients. For more consultation on visa preparation, please contact Jing Feng Law Group, PLLC at jfeng@fengvisa.com or 646-288-7129. We look forward to hearing from you!