The nonimmigrant visas for some of these nonimmigrants might have expired. These nonimmigrants usually know that they can travel and return with expired visa inasmuch as they have a valid I-94 and return within 30 days.
However, there are a lot of catch to the automatic visa revalidation rule, including but not limited to (1) unavailability of such privilege for people from certain designated countries of terrorism, (2) unavailability of such automatic revalidation if a visa was applied in the contiguous countries during the trip, (3) unavailability of such automatic revalidation if change of visa was obtained within the U.S., (3) unavailability of such automatic revalidation for a trip to adjacent islands (Caribbean islands) unless you have a right type nonimmigrant visas (F and J) and with some additional conditions, M visa holders with a proof of nonimmigant status within the United States. Accordingly, those who consider such vacation trips should check with the CBP not to be trapped outside of the U.S.
AUTOMATIC REVALIDATION
FACT SHEET
May 7, 2009
Pursuant to 22 CFR 4 1.1 12 and 8 CFR 214.1 automatic revalidation applies to expired nonimmigrant visas of aliens who have been out of the U.S. for thirty days or less in contiguous territory (Canada and Mexico).
In the case of F-1 and J-1 students, automatic revalidation applies to contiguous territory and adjacent islands other than Cuba. An M-1 student can only apply for automatic revalidation readmission after an absence of less than 30 days solely from contiguous territory.
Nonimmigrants who are eligible to re-enter the U.S. pursuant to the authority of automatic revalidation are not able to benefit from the automatic revalidation process if the non-immigrant's passport reflects evidence that while in contiguous territory or on an adjacent island the nonimmigrant applied for a new visa and is pending a decision or has been denied a new visa application.
Nationals of Iran, Syria, Sudan, and Cuba are not eligible for automatic revalidation of an expired visa. Thus, for example, if a citizen of Iran travels to contiguous territory for a day and has an expired visa, but a valid extension approval notice of status; he will need to obtain a visa to return to the U.S.
Automatic revalidation does not apply to the Visa Waiver Program. Readmission to the U.S. after departure to contiguous territory or adjacent islands for Visa Waiver Program applicants is covered under 8 CFR 217. 3(b).
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