Law regulating immigration in the U. S. mostly can be quite complicated and at times challenging to interpret and this is particularly immense in cases involving non-immigrants where one holds visas like H-1B, F-1, J-1 and others. One such feature which is relatively unknown but handy for those planning to visit Canada, Mexico or other adjacent islands for short trips is the Automatic Visa Revalidation (AVR). This post seeks to give more information about AVR, especially for the stay of less than thirty days in Canada and Mexico.
What is Automatic Visa Revalidation?
Automatic Visa Revalidation is a provision that is stipulated under the Immigration and Nationality Act of the United States which enables some of the non-immigrants to travel to the United States with an expired visa after visiting Canada, Mexico or the adjacent islands for a short time (with some exemptions). This provision is helpful most especially for the non-immigrants who want and have to travel but whose visa to the U.S has expired. It eliminates the conditions on when one can apply for a new visa to enable him or her to re-enter the United States with a valid visa.
Eligibility Criteria for AVR
To take advantage of AVR, travelers must meet several eligibility requirements:
Valid Status in the U. S. : One of the requirements is that the traveler must have had a valid status in the U. S before he or she proceeded to travel to Canada or Mexico. This includes possessing legal Form I-94 (Arrival/Departure Record) that indicates the individual’s non-immigrant status to be in the U. S.
Trip Duration: The duration for the trip to Canada or Mexico is supposed to be less than 30 days. Since AVR is a short visit, visitors have to organize their schedules well in order to have a proper time in the country.
Travel Purpose: The trip should be short or at least not be long enough to warrant a major change of scenery. AVR may not be used for the purpose of getting a new U. S. visa in Canada or Mexico.
No Application for a New Visa: Any new visa application should not be done if the traveler is in Canada or Mexico. Doing so erases the AVR benefit against specific diseases The full AVR benefit is as follows: In the event an applicant applies for a new visa and his application is rejected, then he cannot come back into the U. S. on AVR.
Valid Passport: The traveler needed to have a valid passport. Validity date of the passport should be further than the date of re-entry in the U. S.
Certain Visa Types Only: It should be noted that non-criminal aliens who are in the United States on specific immigrant visas or certain nonimmigrant visas including F, J, H, and O visa among others are eligible for AVR. However, certain persons from certain countries may not be allowed to have AVR benefits because of U. S. security reasons.
Not a National of Certain Countries: People belonging to the certain state which are listed by the U. S. Department of State as state sponsors of terrorism are not allowed to apply for AVR. It is very important that one has to look at the recent list of affected countries before making the journey.
No Overstays or Violations: The following categories of travelers are not allowed to apply for AVR: Persons who have previously overstayed their visa or nonimmigrant status.
How to Use AVR – Step-by-Step Guide
If you meet all the eligibility criteria for AVR, here is a step-by-step guide on how to use this provision:
- Check Eligibility: It is important to point out that in order to travel to the island you have to fulfill all the AVR conditions before planning the visit. This comprises confirming visa status, as well as checking Form I-94 and not forgetting your passport document as well.
- Travel Preparation: Take an overseas trip; it should not exceed 30 day and it should be to Canada or Mexico. Make sure that you have a clear purpose of your travel and you don’t have intention to apply for a new U. S. visa.
- Exit the U. S. : Depart from the USA with a valid passport, an expired visa but with a valid Form I-94. Tuck away these documents for reuse for re-entry purposes.
- Short Stay in Canada or Mexico: Remain in Canada OR Mexico for the time you intend to be there, which should be for a short period of time. Do not go to any consulate or embassy for visa application.
- Re-Entry to the U. S. : When arriving in the United States, a United States visa, valid Form I-94 and a valid passport must be provided to the Customs and Border Protection (CBP) officer. Affirm that you are applying for AVR provision for re-entry.
- CBP Processing: CBP officers will examine your documents and they may follow it up by questioning the traveler on their trip. If all the above cases meet the legal provisions, you will be permitted re-entry under AVR.
- Post-Entry Compliance: When you get back to the U. S. , make sure that you continue to be a non-immigrant and follow the rules depending on the visa that you hold.
Benefits of Using AVR
Cost-Effective: AVR also saves the traveler the cost of applying for a new visa which at times is expensive as well as time-consuming. This is especially beneficial for students, workers, business people, and students who are on an exchange visit and may be required to travel at short notice.
Time-Saving: Just the fact that one does not have to apply for a new visa in Canada or Mexico is timesaving, especially given that appointments at the U. S. consulates can be very difficult to secure or otherwise take a lot of time.
Flexibility in Travel: For non-immigrants who may need to travel frequently for business, academic purposes or even specialty most frequently without having to worry if their visa has run out, AVR gives them more flexibility.
Avoidance of Consular Processing: Thus, hoping for visa or administrative processing, traveling to another country, using AVR, a traveler is free from unpredictable situations inherent in the consular procedure.
Important Considerations and Risks
While AVR offers several benefits, there are also important considerations and risks to be aware of:While AVR offers several benefits, there are also important considerations and risks to be aware of:
Strict Adherence to Rules: The AVR rules have to be followed religiously in case of travelers. Any other duration like 30 days more or applying for a new visa will deny one an opportunity to use AVR and to get back into the U. S.
Country-Specific Exclusions: Several classes of applicants are excluded from AVR including nationals from state sponsors of terrorism. These lists must be monitored to pick any changes depending on the foreign policy of the United States of America.
Limited to Canada and Mexico: : AVR can only be done for a short period of business trips within Canada and Mexico. Thus, it does not apply to any point to other countries and it matters not that the trip is less than 30 days.
Expired Visas and Travel: That is why although AVR enables one to re-enter after their visa has expired, it is still advisable to renew the visa if one can do so. The continuous use of AVR often results in the following questions from the CBP officers.
Potential for Re-Entry Denial: CBP officers do have a certain amount of discretion when it comes to granting re-entry under AVR, but it is rather in limited cases. If there are any doubts regarding visa abuses or any other problems, the re-entry may be refused.
Common Questions About AVR
Can I use AVR if I have a pending visa application in the U.S.?
No, if you have a pending visa application you cannot, you are not allowed to use AVR. This benefit is however eliminated if you apply for a new U. S. visa in Canada or Mexico.
What should I do if my Form I-94 is lost or damaged?
In cases where one loses or damages the I-94 form they must first secure an AR replacement before they use AVR. The i-94 is a very important document in the process of re-entry under the AVR program.
Can I use AVR to travel to both Canada and Mexico on the same trip?
Importantly, the new AVR rules apply only to travel across the Canadian and Mexican borders; the rest of the rules apply to both. If you intend to travel both in Nepal and the U. S, make sure that each visit lasts less than thirty days and before proceeding to the other country.
Does AVR apply to trips to the adjacent islands?
Yes it does; The same restriction also applies to short trips to other islands within the region including Bahamas for F and J visa holders. However, there are conditions that are similar and the traveler should check on that before traveling.
How does AVR work for H-1B visa holders?
For H-1B visa, AVR enables a person to return to the USA after a short trip to Canada or Mexico, so long as the following is displayed: Valid H-1B status, an expired visa, a valid Form I-94 and among other provisions.
Conclusion
The process of Automatic Visa Revalidation (AVR) is very helpful for the non-immigrants whose visa has already expired but requires to make some trip to Canada or Mexico. Thus, knowing the rules and requirements, the individual can use this kind of advantage and does not spend time on applying for a new visa. However, it is important to be aware of travel restrictions with regards to eligibility requirements, countries barred from entry and the various pitfalls in order to have a secured travel and readmission to the United States.
If you intend to use AVR, always check the current guidelines provided on the website of the U. S. Customs and Border Protection (CBP) and if you are in doubt on your eligibility or your travel plans it’s always wise to seek the advice of immigration attorney.
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