You can enter the USA with an expired non-immigrant visa: how to do it

If your nonimmigrant visa has expired, you can still enter the U.S. on it if you meet certain requirements, reports Documented.

Photo: iStock.com/Liudmila Chernetska

The process of entering the United States on an expired visa is called Automatic Revalidation.

What is Automatic Revalidation and who can enter the USA with an expired visa

Overstayed US visa holders may be allowed back into the US if they left the US for Canada or Mexico. For F and J visa holders, the list of eligible countries expands to include the Caribbean islands (excluding Cuba). They must be outside the US for no more than 30 days and have a valid (unexpired) entry stamp or form Form I-94, Arrival/Departure record (record of entry/exit from the USA).

In addition, the person must intend to renew their nonimmigrant status in the United States and have a passport valid for at least six months from the date of re-entry into the States.

For more information you can check out Code of Federal Regulations.

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What documents do you need to prepare to enter the USA on an expired visa?

Bring your passport and Form I-94 with you. Also, if you:

• F-1 student - have your form with you I-20 and OPT EAD (if applicable);
• Exchange Visitor (J-1 Visa) - Bring a valid form with you DS-2019;
• temporary H-1B worker - don't forget your form I-xnumx.

In addition, it is recommended to take a printed copy with you. US Customs and Border Protection (CBP) article about automatic visa revalidation and the corresponding page Code of Federal Regulations.

Other things to consider

If you are applying for automatic US visa revalidation, you must not travel to any country other than Canada or Mexico (or the Caribbean for F and J visa holders).

For example, if you travel to Canada or Mexico and then return to your home country, you will not be eligible for automatic visa revalidation.

You should also not apply for a new status or visa while you are in Canada or Mexico. Such an application will also deprive you of the right to enter the United States on an expired visa.

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When automatic visa revalidation is not possible

If you have an expired U.S. nonimmigrant visa and a valid Form I-94, but the ANY of the following situations, you may not qualify for automatic revalidation—you must reapply and obtain your visa before entering the United States:

• you have applied for a new visa and it has not yet been approved;
• you applied for a new visa and were refused;
• you have been outside the United States for more than 30 days;
• you traveled to a country not included in the automatic revalidation provisions;
• you come from a country listed in list of state sponsors of terrorism (Iran, Syria and Sudan).

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