What is re-validation of a nonimmigrant visa?
Generally, the nonimmigrant visa is valid until the duration given on the visa itself. The validity of an expired nonimmigrant visa issued under Immigration and Nationality Act ("INA" or "Act") may be considered to be automatically extended to the date of application for readmission in cases where the original nonimmigrant classification of an alien has been changed by U.S. Department of Homeland Security (DHS) 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.
Who is eligible for re-validation of a nonimmigrant visa?
The nonimmigrant who is:
- in possession of a Form I-94, Arrival-Departure Record, endorsed by DHS 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, Certificate of Eligibility for Exchange Visitor Status, issued by the school the student has been authorized to attend by DHS, or by the sponsor of the exchange program in which the alien has been authorized to participate by DHS, and endorsed by the issuing school official or program sponsor to indicate the period of initial admission or extension of stay authorized by DHS;
2. Is applying for readmission after an absence not exceeding 30 days solely in contiguous territory. In the case of a student or exchange visitor or accompanying spouse or child Travelers (F, J) are allowed to visit contiguous territory or adjacent islands (i.e. Caribbean) other than Cuba for period not exceeding 30 days.
3. Has maintained and intends to resume nonimmigrant status;
4. Is applying for readmission within the authorized period of initial admission or extension of stay;
5. Is in possession of a valid passport;
6. Does not require authorization for admission under INA 212(d)(3); and
7. Has not applied for a new visa while abroad, and the person does not have a pending or rejected application for a new visa. Since it is not possible to renew a non-immigrant visa in the U.S., a person on a non-immigrant visa may travel to a nearby country to apply for a new visa
8. The person is not a citizen of one of the countries designated by the U.S., as a state sponsor of terrorism.
As of 2015 the Department of State list includes four countries:Iran (designated January 19, 1984), Syria (designated August 12, 1993), Sudan (designated December 29, 1979) and Democratic People's Republic of Korea (North Korea designated November 20, 2017). Cuba was removed on April 4, 2015.
If you want to learn more about this and other immigration law topics do contact us at (+1) 888 820 4430 (toll free) or email us at email@example.com
Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice.