Automatic Visa Revalidation (AVR) presents a streamlined avenue for specific nonimmigrant individuals to reenter the United States on an expired visa. This provision, overseen by the Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP), facilitates the reentry process for individuals after brief travels without renewing their visa through standard procedures. We discuss who Qaulfieis is for and how to use automatic visa revalidation (AVR) here.
Eligibility for AVR
To qualify for AVR, applicants must fall into one of two primary categories:
- Brief Travel: Nonimmigrants departing the U.S. for short trips (30 days or less) to Canada, Mexico, or adjacent islands, specifically applicable to F and J nonimmigrant statuses.
- Valid Admission Stamp or Form I-94: Nonimmigrants must possess a valid admission stamp or a paper Form I-94 endorsed by the DHS.
Determining Your AVR Eligibility
Eligibility hinges on several key factors:
- Valid Authorization: You must have valid underlying authorization for your current status (e.g., Form I-129 for nonimmigrant workers, Form I-20 for F-status students).
- Travel Duration: Absence from the U.S. must not exceed 30 days.
- Travel Limitations: Travel is restricted to Mexico, Canada, or adjacent islands (certain exceptions apply for F or J visa holders).
- No Pending Visa Applications: Applicants must not have pending or denied visa applications during their travel period.
- Non-Terrorism Designation: Applicants cannot be citizens of countries designated by the U.S. as state sponsors of terrorism.
Understanding AVR
Automatic Revalidation differs from applying for a new visa. It’s a provision that allows for reentry to the U.S. under specific conditions without the need to reapply for a visa. However, it’s crucial to understand that this provision applies to a limited category of travelers. Nonimmigrants with expired visas who seek to reenter the U.S. must meet the outlined requirements, including having undertaken brief travel to eligible locations and possessing a valid admission stamp or Form I-94.
Who Needs to Reapply for a Visa?
Not all travelers can utilize AVR. Those who must reapply and be reissued visas include:
- Applicants for new visas that have not yet been issued or were denied.
- Individuals who have been outside the United States for more than thirty days.
- Travelers to countries beyond Canada, Mexico, or included adjacent islands.
- Nationals from State Sponsors of Terrorism designated countries.
- F or J visa holders who have traveled to Cuba.
- M student visa holders who have traveled outside the U.S., except to Canada and Mexico.
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You may have questions regarding Automatic Visa Revalidation (AVR). We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
