Automatic visa revalidation is one of a handful of exceptions to the general rule that a person who is not a United States citizen or lawful permanent resident can only lawfully enter the United States if he/she has a valid visa. According to automatic visa revalidation, people on some non-immigrant visa statuses who visit Canada, Mexico or some adjacent islands close to the United States for a period of less than 30 days can re-enter the United States based on a valid Form I-94 even if their visa has expired. [1] [2] [3]
A person is eligible for automatic visa revalidation provided the following conditions are met: [4]
Automatic visa revalidation also applies to cases where the applicant never acquired a visa for his or her current non-immigrant status but rather transitioned through it by filing the appropriate form to change non-immigrant status (such as Form I-129 or Form I-539). Instead of the "visa", what gets revalidated is the change of status, and therefore in lieu of the visa the applicant must carry the Form I-797 Approval Notice in addition to all the other supporting documentation. In particular, it does not matter if the applicant has never acquired a visa for the new status. [10]
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. Green card holders are formally known as lawful permanent residents (LPRs). As of 2023, there are an estimated 12.7 million green card holders, of whom 9 million are eligible to become United States citizens. Approximately 18,700 of them serve in the U.S. Armed Forces.
An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a relatively short amount of time, from three months to five years, based on a reciprocity schedule. With extensions, the maximum stay is seven years.
TN status is a special non-immigrant classification of foreign nationals in the United States, which offers expedited work authorization to a citizen of Canada or a national of Mexico. It was created as a result of provisions of the North American Free Trade Agreement that mandated simplified entry and employment permission for certain professionals from each of the three NAFTA member states in the other member states. The provisions of NAFTA relevant to TN status were then carried over almost verbatim to the United States–Mexico–Canada Agreement that replaced NAFTA in 2020.
Parole, in the immigration laws of the United States, generally refers to official permission to enter and remain temporarily in the United States, under the supervision of the U.S. Department of Homeland Security (DHS), without formal admission, and while remaining an applicant for admission.
Form I-94, the Arrival-Departure Record Card, is a form used by U.S. Customs and Border Protection (CBP) intended to keep track of the arrival and departure to/from the United States of people who are not United States citizens or lawful permanent residents. While the form is usually issued by CBP at ports of entry or deferred inspection sites, USCIS can issue an equivalent as part of the Form I-797A approval notice for a Form I-129 petition for an alien worker or a Form I-539 application for extension of stay or change of status.
The permanent resident card also known colloquially as the PR card or the Maple Leaf card, is an identification document and a travel document that shows that a person has permanent residency in Canada. It is one of the methods by which Canadian permanent residents can prove their permanent residency status in Canada, and is one of the only documents that allow permanent residents to return to Canada by a commercial carrier.
Visitors to the United States must obtain a visa from one of the U.S. diplomatic missions unless they are citizens of one of the visa-exempt or Visa Waiver Program countries.
A Form I-766 employment authorization document or EAD card, known popularly as a work permit, is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to noncitizens in the United States.
The E-2 Investor Visa allows an individual to enter and work in the United States based on an investment in a U.S. business. The E-2 visa is valid for three months to five years and can be extended indefinitely. The investment must be "substantial", although there is no legally defined minimum. The E-2 visa is available only to citizens of certain countries.
Resident return visas (RRV) are three separate but related systems for allowing ordinarily resident and former resident foreign nationals in Australia, New Zealand, and the United States to travel to another country and return to the issuing country.
An L-2 visa is a visa document used to enter the United States by the dependent spouse and unmarried children under 21 years of age of qualified L-1 visa holders. It is a non-immigrant visa, and is only valid for the duration of the spouse's L-1 visa.
A B visa is one of a category of non-immigrant visas issued by the United States government to foreign nationals seeking entry for a temporary period. The two types of B visa are the B-1 visa, issued to those seeking entry for business purposes, and the B-2 visa, issued to those seeking entry for tourism or other non-business purposes. In practice, the two visa categories are usually combined and issued as a "B-1/B-2 visa" valid for a temporary visit for either business or pleasure, or a combination of the two. Nationals of certain countries do not usually need to obtain a visa for these purposes.
Temporary protected status (TPS) is given by the United States government to eligible nationals of designated countries, as determined by the Secretary of Homeland Security, who are present in the United States. In general, the Secretary of Homeland Security may grant temporary protected status to people already present in the United States who are nationals of a country experiencing ongoing armed conflict, an environmental disaster, or any temporary or extraordinary conditions that would prevent the foreign national from returning safely and assimilating into their duty. Temporary protected status allows beneficiaries to live and, in some cases, work in the United States for a limited amount of time. As of March 2022, there are more than 400,000 foreign nationals in Temporary Protected Status.
The visa policy of Canada requires that any foreign citizen wishing to enter Canada must obtain a temporary resident visa from one of the Canadian diplomatic missions unless they hold a passport issued by one of the 53 eligible visa-exempt countries and territories or proof of permanent residence in Canada or the United States.
The H-1B1 visa is a variant of the H-1B visa in the United States for nationals of Singapore and Chile. The version for Singapore is called the H-1B1-Singapore and the version for Chile is called the H-1B1-Chile. These categories were introduced with the Singapore–United States Free Trade Agreement and Chile–United States Free Trade Agreement respectively, both of which were ratified in 2003 by the 108th United States Congress and became active on January 1, 2004. The visas are also called FTA visas because they were provided for through Free Trade Agreements (FTAs).
Form I-539, Application to Extend/Change Nonimmigrant Status is one of the forms issued by the United States Citizenship and Immigration Services. It is used by people currently in the United States in a non-immigrant status to change the classification for their status and/or extend their stay with their current status. Both the current status and the status to which the transition is being sought must be non-immigrant visa statuses.
The National Visa Center (NVC) is a center that is part of the U.S. Department of State that plays the role of holding United States immigrant visa petitions approved by the United States Citizenship and Immigration Services until an immigrant visa number becomes available for the petition, at which point it arranges for the visa applicant(s) to take the visa interview at a consulate abroad. It is located in Portsmouth, New Hampshire. It was established on July 26, 1994, on the site of an Air Force base that was closed down by The Pentagon.
The Legal Immigration Family Equity Act of 2000, also known as the LIFE Act and as the Legal Immigration and Family Equity Act, along with its Amendments, made some changes to laws surrounding immigration for family members of United States citizens and Lawful Permanent Residents, as well as people eligible for employment-based immigrant visas, in the direction of making it easier for family members and immigrant workers to move to and adjust status within the United States. It was passed on December 21, 2000, as title XI of Pub. L. 106–553 (text)(PDF).
Special Immigrant Juvenile Status (SIJS) is a special way for minors currently in the United States to adjust status to that of Lawful Permanent Resident despite unauthorized entry or unlawful presence in the United States, that might usually make them inadmissible to the United States and create bars to Adjustment of Status. The key criterion for SIJS is abuse, neglect, or abandonment by one or both parents.
An I-1 visa is a non-immigrant visa issued by the United States for foreign media representatives and journalists who travel to the United States for the purpose of working exclusively in their profession. All applicants must meet eligibility criteria, which requires them to be residents of foreign countries, working for foreign information outlets headquartered in their respective countries.