INS Restricts Automatic Visa Revalidation on Return from Canada, Mexico and Adjacent Islands
On April 1, 2002 regulations took effect restricting "automatic revalidation of visas" for persons who travel to Canada, Mexico or the islands of the West Indies.
Under the old regulations, a person could travel to Canada, Mexico, or adjacent islands for a period of less than 30 days with an expired US visa stamp and reenter the US using that expired visa stamp along with a valid F, J or H immigration document (i.e. a valid I-20, DS-2019 or I-797).
As of April 1 the new regulations cancel automatic revalidation for two classes of persons:
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all persons traveling on passports issued by Iraq, Iran, Syria, Libya, Sudan, North Korea and Cuba
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all persons who visit a US consulate in Canada, Mexico, or adjacent islands and submit an application there for a new nonimmigrant visa
Please note that under this second provision, if you travel to Canada, for example, with an expired visa stamp in your passport and apply for a new visa at a US consulate you will only be able to return to the United States if your new visa is granted. If your visa application is denied you will not be able to return to the United States. In the event of visa denial in Canada (or in Mexico or the adjacent islands) you will have to travel to another US embassy or consulate, probably one in your home country, to apply for a new visa there. This second provision of the new regulations thus ends a very popular, convenient and risk-free strategy for obtaining a nonimmigrant US visa.
Automatic revalidation will remain in effect after April 1, however, for persons who do not apply for US visas while they are in Canada, Mexico or the West Indies (except, of course, for persons traveling on passports issued by the seven countries listed above, for whom automatic revalidation is canceled in all circumstances). Thus (unless you are from one of the seven countries listed) you will still be able to travel to these adjacent territories with an expired visa and return using the expired visa and your valid I-20, DS-2019 or I-797 if you do not apply for a new US visa while you are there.
The Department of State describes these new regulations as an effort to provide "greater security screening of visa applications." The regulations will take effect on April 1, without prior public comment. There is, however, a public comment period that ends on May 6, 2002. Comments received by the Department of State in this period may possibly lead to revision of the new regulations. We will be sure to let you know if any further changes are forthcoming.