Information regarding automatic visa updates
Immigration & Visas
-
F-type visa information
- 17-Month STEM OPT Extension Request Form
- Termination of Employment Report
- OPT & 17 Month STEM Extension 6 Month Validation Report
- H-1B Visa Cap-Gap extension application
- 17-month OPT Extension as of 5/1/08
- OPT Changes - 4/23/2008
- F-1 reinstatement
- Change of status from H-1 to F-1 student
- Change of status from F-2 to F-1 student
- F-1/I-20 extension of stay
- Inviting an F-2 dependent
- F-1 students: Transferring schools
- Optional Practical Training for F-1 students
- Optional Practical Training for F-1 Undergraduate Students
- Optional Practical Training for F-1 Graduate Students
- J-type visa information
-
Immigration updates
- Immigration service and form name changes
- Important information about Special Registration
- US-VISIT
- Information regarding automatic visa updates
- Changing your address with Immigration
- Update on visa issuance in China
- Immigration resources / links
- Checking in with ISSS
- What is SEVIS?
- Maintaining your legal status
- How to get a Social Security Number
The following information about the new ruling by the U.S. State Department was provided by NAFSA, Association of International Educators.
State Department eliminates "automatic revalidation of visa" benefit for some aliens.
In a rule published on March 7, 2002, the State Department modified the "automatic revalidation of visa" benefit [22 CFR 41.112(d)] that allows certain nonimmigrants to re-enter the United States after a 30-day or less visit to "contiguous territory" (Canada, Mexico, and, in the case of F and J nonimmigrants, the "adjacent islands other than Cuba") without having to obtain a new visa prior to re-entry. There are two changes to the benefit, both of which are effective April 1, 2002.
- First, citizens of "state sponsors of terrorism" (as designated in the State Department's annual "Patterns of Global Terrorism" report) will no longer be eligible for the automatic revalidation of visa benefit. The most recent State Department report (year 2000) was released on April 30, 2001, and lists the following countries as state sponsors of terrorism: Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba. Prior to this rule change, only citizens of Iraq were excluded from the automatic revalidation of visa benefit.
- The second change will affect individuals who choose to apply for a new visa while in contiguous territory. Although the automatic revalidation benefit is meant to relieve someone of having to obtain a visa, many individuals choose to apply for a visa anyway, to facilitate future entries to the U.S. after travel to non-contiguous territory. Under the new rule, any nonimmigrant (not just someone from the 7 countries listed above) who chooses to apply for a new visa while in contiguous territory will no longer be eligible for the "automatic revalidation" benefit during the course of that trip, but would rather have to wait until the visa is granted in order to re-enter the United States. This would seem clearly to prevent someone whose visa application is denied from then reentering the U.S. under the automatic revalidation provision, but the broad language could also be read to prevent individuals whose visa application is still pending from using the automatic revalidation provision to reenter the U.S. before the visa application is decided.
The rule does not appear to affect the availability of the "automatic revalidation of visa" benefit for those who choose not to apply for a new visa while in "contiguous territory," as long as they are not from one of the "state sponsor of terrorism" countries.
This rule took effect April 1, 2002.
Questions and answers about this update
Q: Can I still go to Canada to apply for a new visa
stamp?
A: Yes, but you cannot re-enter the United States if the U.S.
consulate denies your visa stamp.
Q: Do I need a new visa stamp if I change
departments?
A: No.
Q: Will this new law be in effect
forever?
A: Probably, but no one really knows for sure.
Q: Can I just go to Canada to apply for a visa
stamp, or do I still need an appointment?
A: You still need an appointment.
Q: If my visa stamp is valid, can I go to Canada and
have it extended?
A: Even if you have a valid visa stamp, we recommend that you
don't go. The U.S. consulate does not have to extend your visa
stamp, and they usually do not want to see anyone unless the
stamp has already expired.
Q: How will the INS people at the U.S. border know
if I went to Canada and was denied a new visa
stamp?
A: The U.S. consulate would stamp your passport and the INS at
the border would see it.
Q: If I am going to Canada to apply for a visa
stamp, what do I need to take?
A: Please refer to the information listed in "Travel to Canada or
Mexico" for details.
Q: Can I call the U.S. consulate ahead of time to
find out if they will give me a new visa stamp?
A: No.