For Mexican citizens on a TN Visa, understanding traveling with an expired visa stamp is essential. This is where Automatic Visa Revalidation (AVR) becomes a critical tool, applicable under specific circumstances, particularly after a USCIS-approved extension of your TN Visa status. We explain the AVR process for Mexican TN visa holders here.
Understanding Automatic Visa Revalidation (AVR)
AVR permits certain visa holders to re-enter the U.S. without obtaining a new visa stamp under certain conditions. This provision notably benefits TN Visa holders who have extended their status through the USCIS by submitting Form I-129, Petition for a Nonimmigrant Worker. Upon approval, USCIS issues an I-797 Approval Notice and new I-94 cards, which serve as evidence of your authorized stay and employment in the U.S.
Criteria for AVR Eligibility with an Expired TN Visa
To qualify for AVR as a Mexican citizen with an expired TN Visa stamp, you must:
- Hold a valid passport and re-enter from a contiguous territory (Canada or Mexico).
- Not have stayed outside the U.S. for more than 30 days.
- Possess a valid I-94 showing unexpired admission or an extension of stay.
- Do not require a non-immigrant waiver.
- Not have applied for a new visa stamp while outside the U.S.
- Maintain and intend to resume your TN Visa status upon re-entry.
Key Documents for AVR
To ensure a smooth process through AVR, you should carry:
- A letter from your current employer affirming your employment under the TN Visa.
- The original I-797 Approval Notice, with the attached I-94 cards.
- A valid passport.
- The CBP AVR Memo, optionally, is a reference point.
Planning Your Travel and Taking Precautions
While AVR offers a pathway for re-entry with an expired TN Visa stamp, it’s crucial to remember that CBP does not guarantee entry. Proper planning and preparation are essential. Ensure you have all the necessary documents and consult an immigration expert to clarify doubts. A new TN visa stamp from a consulate may be advisable for more secure and predictable travel. In summary, AVR presents a valuable option for Mexican citizens with an expired TN Visa stamp who want to re-enter the U.S. However, understanding the eligibility requirements, having the correct documentation, and preparing adequately are vital steps to effectively using AVR.
Schedule a Consultation with an Immigration Lawyer
Citations
- DOS – Automatic Revalidation
- CBP Automatic Visa Revalidation Memo
- 22 CFR Section 41.112 – Validity of visa.
