Per regulations of DHS and DOS Customs and Border Protection (CBP) has the authority to permit temporary visitors with expired nonimmigrant visas or who have never had a visa issued in the classification of status they currently hold (example last entered the U.S. in F-1 status, and have since changed status to H-1B but have never been issued an H-1B visa) to be readmitted to the U.S. at a U.S. port-of-entry, in the status they held before departure from the U.S, if they meet certain requirements, including, but not limited to the following:
- Nonimmigrants who departed the United States for brief travel to Canada, Mexico, (or an adjacent island other than Cuba for F and J nonimmigrants) for thirty days or less;
- Nonimmigrants with a valid (unexpired) admission stamp or paper Form I-94, Arrival/Departure Record, endorsed by DHS or valid I-20/IAP-66/DS-2019
Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa you cannot take advantage of automatic revalidation. You need to reapply for a visa to reenter the U.S. prior to reentry to the United States, if one or more of the following situations exists (this is not a complete listing):
- Applied for a new visa which has not yet been issued;
- Applied for a new visa and was denied;
- Been outside of the United States for more than thirty days;
- Traveled to a country other than Canada, Mexico, (or an adjacent island if in F or J status before departure) which is not included in the automatic revalidation provisions;
- Is a national of a State Sponsor of Terrorism designated country, including Iran, Syria, and Sudan.
- Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba;
- Is in possession of an M student visa and has traveled to a location outside the United States, other than Canada and Mexico.
- Has failed to maintain status before exiting the U.S.
This provision can sometimes be successfully used to cure a prior status violation, before filing for adjustment of status under INA 245K. but note visa validation is not available for those who were not maintaining status before departure from the U.S.