Travel to Contiguous Territory and Adjacent Islands
Rules for “Automatic Revalidation” of Visa

The Department of State (DOS) regulations have a special provision called "automatic revalidation." The "automatic revalidation" rules apply to almost all visa classes from "A" through "V”.  This document refers only to F, J, H, and O visa classes, since they are the most common on university campuses.

Automatic revalidation permits:

• Persons with F, J, H and O status in the U.S. to enter "contiguous territory" (Canada and Mexico) and return to the U.S. without a currently valid visa stamp in the passport.
• Persons with F and J status in the U.S. to enter "adjacent islands" (islands in the Caribbean except Cuba) and return to the U.S. without a currently valid visa stamp in the passport.
• Note that travel to adjacent islands applies only to those currently in F or J status. It does not apply to those currently in H or O status.

Automatic revalidation applies in two ways:

1. If you have a visa stamp in your passport that matches your current status, but it has expired, that visa stamp is considered to be ”automatically revalidated” to a current date for your return to the U.S., even though it has expired.
2. If you have changed status while in the U.S., and you have a visa stamp that matches your old status (either expired or un-expired), that visa stamp is considered to be automatically changed to a stamp matching the new status and revalidated to a current date for your return to the U.S., even though it is not the same as your current status and may have expired.

THERE ARE SOME RISKS INVOLVED IN USING THE “AUTOMATIC REVALIDATION” PROVISION

RULES AND CRITERIA FOR AUTOMATIC REVALIDATION

1.       You must not be a citizen of a country that the Department of State has determined is a sponsor of terrorism. The DOS periodically updates the list in its report to Congress entitled "Patterns of Global Terrorism." As of March 2002, the seven countries on that list were Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria.

2.       The time outside the United States MUST

• Not exceed 30 days, AND
• Be spent ONLY in contiguous territory (for F, J, H, or O) or adjacent islands (for F and J only).

3.       Travel to a third country from Canada, Mexico or an adjacent island is not permitted. This violates the provision and is considered a commission of visa fraud punishable by deportation and/or exclusion from future visits to the U.S.

 

4.       You must have and present to the immigration officer an original, valid, un-expired visa document

 (I-20, DS-2019, I-797 approval notice, etc.).

 

5.       You must have in your hands and present to the immigration officer a valid un-expired passport.

 

6.       You must have maintained proper F, J, H or O status while in the U.S. and you must intend to resume that proper status when you reenter the U.S.

 

7.       You must have and present to the immigration officer a valid I-94 card, and you must apply for reentry before the end of the authorized stay listed on the I-94. When you travel into Canada, Mexico or the Caribbean, do not give your I-94 to a representative of the airlines or other transportation line. You will need the I-94 card to reenter the U.S. under automatic revalidation. It is a good idea to carry a photocopy (front and back) of the I-94 to give to a transportation representative who asks for the I-94 information.

 

8.       You must not be considered inadmissible to the U.S. under Section 212(a) or 212(d)(3)(A) of the Immigration and Nationality Act. If you have such a notation on your visa stamp you are not eligible for “automatic revalidation”.

 

9.       YOU MUST NOT APPLY FOR A VISA AT A U.S. EMBASSY OR CONSULATE WHILE IN CANADA, MEXICO, OR THE CARIBBEAN. You will then be ineligible for “automatic revalidation” and must wait for the visa stamp to be issued.  This could take several months if you are subject to a security clearance.  If the visa application is denied, or you cannot wait for the visa to be issued, the only alternative is to return to your last legal country of residence and apply for a visa there.

 

10.   You must have a visa to enter Canada, Mexico or the Caribbean island countries. You must check beforehand with the embassy or consulate of the country you wish to visit to determine if you will need a visa stamp from that country, and if so, what documentation is required. See http://www.state.gov/s/cpr/rls/fco/ to find the nearest foreign consulate of the country you will visit.

 

 

FREQUENTLY ASKED QUESTIONS ABOUT ‘AUTOMATIC REVALIDATION’ OF VISAS

 

Q1. Tell me more about "contiguous territory" and "adjacent islands." What do those terms mean under this rule?

 

A1. "Contiguous territory" means a country whose border touches, is contiguous to, the U.S. border. Those two countries are Canada and Mexico. The Code of Federal Regulations at 8 CFR 286.1(a) defines "adjacent islands" for the purpose of travel into the U.S. to include Anguilla, Antigua, Aruba, Bahamas, Barbados, Barbuda, Bermuda, Bonaire, British Virgin Islands, Cayman Islands, Cuba, Curacao, Dominica, the Dominican Republic, Grenada, Guadeloupe, Haiti, Jamaica, Marie-Galante, Martinique, Miquelon, Montserrat, Saba, Saint Barthelemy, Saint Christopher, Saint Eustatius, Saint Kitts-Nevis, Saint Lucia, Saint Maarten, Saint Martin, Saint Pierre, Saint Vincent and Grenadines, Trinidad and Tobago, Turks and Caicos Islands, and other British, French and Netherlands territory or possessions bordering on the Caribbean Sea.

 

Q2. Cuba is listed as an adjacent island, but the criteria say "except Cuba." Why is that?

 

A2. Currently the U.S. does not have full diplomatic relations with Cuba, and Cuba is listed as a country that sponsors terrorism. You may not use automatic revalidation to travel to and return from Cuba, even if citizens of your country usually travel freely to Cuba.

Q3. I am a citizen of China. My first visa stamp was good for only two entries and expired six months after I arrived in the U.S. Can I use automatic revalidation to visit Canada and return to the U.S.?

 

A3. Yes and no.

·         YES, if you plan to visit friends, attend a conference, visit points of interest (tourism), or whatever and return directly to the U.S. within 30 days.

·         NO, if you plan to apply for a U.S. visa while you are in Canada. Remember that applying for a visa terminates your eligibility for automatic revalidation.

Q4. But I know that my friend who had an expired visa went to Mexico to get a new visa and returned just fine. What is different for me? Why can’t I do the same thing?

 

A4. This question has several answers.

·         If you have a valid visa stamp in your passport, then you can use that stamp to return to the U.S. You do not need to use automatic revalidation.

·         If you do not have a valid visa stamp and you are successful in getting a new visa stamp while in Mexico, then you can return using that new visa stamp.

·         If you do not have a valid visa stamp and you are not successful in getting a new visa stamp or the visa is denied, you could return to the U.S. before 01 April 2002 using automatic revalidation to reenter.

·         If you do not have a valid visa stamp and you are not successful in getting a new visa stamp or the visa is denied, you will not be permitted to reenter the U.S. on or after 01 April 2002 using automatic revalidation.

Q5. I have a friend who went to Canada, then went home to get a visa stamp and was denied. He came back to Canada and came back into the U.S. using automatic revalidation. Why can’t I do that?

 

A5. Sounds like your friend committed visa fraud and violated U.S. law. Remember that one of the rules for automatic revalidation is that you may travel only in contiguous territory or to adjacent islands. You are not permitted to travel to a third country and reenter the U.S. using automatic revalidation.

 

Q6. I think I get it. The regulation has changed. A convenient and "safe" way of applying for a visa has now been revoked and is no longer available, and the immigration officers will be looking more closely to see if I have traveled to another country. Right?

 

A6. Yes, exactly right. The process that so many students and scholars have used in the past to apply for a visa in Canada and Mexico now carries a much higher risk.

 

Q7. What if I decide to risk it? Suppose I go to Canada or Mexico with an expired visa in my passport, apply for a visa, and the visa is denied. How do I get back into the U.S. from Canada or Mexico?

 

A7. You don’t. That is the big risk. If you apply for a visa that is declined or denied and you have no valid visa stamp in your passport, then you cannot enter the U.S. You must go to another country, probably your home country, apply for and obtain a new visa stamp before being eligible to reenter the U.S.

 

Q8. I do not have a valid visa stamp. I am thinking of going to Mexico for semester break. Then my friends and I might take a cruise in the Caribbean and return to Mexico before coming back to Duke. Would there be any problems with that? Can I use automatic revalidation to return?

 

A8. Check your geography and your visa classification.

·         If you have F or J status and you will only be in Mexico and adjacent islands, then you can enjoy your vacation and use automatic revalidation to return to the U.S.

·         If you cruise down to Costa Rica and go ashore to see the world famous national park, then you have left contiguous territory or adjacent islands and entered a third country. You cannot use automatic revalidation to return to the U.S.

·         If you have H or O status, instead of F or J status, you may only use automatic revalidation in contiguous territory. If your cruise takes you over to Antigua for a day of shopping then you have left contiguous territory and gone to an adjacent island. You are no longer eligible for automatic revalidation.

Q9. I noticed that Puerto Rico and the U.S. Virgin Islands are not listed as adjacent islands. Why aren’t they adjacent islands and why doesn’t automatic revalidation work there?

 

A9. Puerto Rico and the U.S. Virgin Islands (and also Guam) are part of the United States. When you visit them you have not really left the U.S., just as when you visit Virginia, South Carolina, Alaska, or Hawaii you have not left the U.S. You should carry your passport and visa documents when you travel there, as you should with any travel in the U.S., but you will not need these documents to reenter the U.S., since you will not have left the U.S.

 

Q10. I think I understand that there are much tighter restrictions on using the automatic revalidation. I cannot apply for a U.S. visa while I am in contiguous territory or adjacent islands, and I cannot travel to a country outside contiguous territory and adjacent islands. But really, how will USCIS know? What if I just keep quiet or don’t tell the immigration officer at the border that I have done these things. I still might get back into the U.S. If they let me back in everything will be OK, right?

 

A10. Generally immigration officers will be very aware of this new rule and will be looking more closely at documents. Let us say that you manage to conceal the third country travel or the visa application and present yourself as eligible for admission under automatic revalidation, knowing that this is not true. The officer admits you to the U.S. believing that you are eligible based on the documents you have presented or the statements you have made. Even if the officer admits you, you have committed visa fraud. You are deportable or “removable” from the U.S. and you are not eligible to be admitted to the U.S. at any time in the future, forever. Seeing the text on fraud from the Immigration and Nationality Act (INA) may be helpful. Section 212(a)(6)(C) of the INA reads:

 

"Misrepresentation -

                                             i.            In general any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible."

The word, "inadmissible," does not sound so bad, but what it means is that you are not eligible to be admitted to (allowed to enter) the United States on any visa of any kind for the rest of your life. Forget about ever getting a green card.

 

Q11. Why are you telling me this? Do you think I plan to lie or commit fraud?

A11. Of course not!!  We are telling you this to help you understand and be prepared for stressful and difficult situations and environments you may encounter when traveling.

 

Q12. These sound like very harsh penalties for a student or scholar who is just trying to get back to school or to his/her research or teaching.  I’ve been admitted to school or invited to teach or do research. Don’t I have a right to be here and to travel if I need to or want to?

 

A12. Congress meant for the laws and regulations to be harsh to discourage people from violating the law, making false statements to government officials, and entering the U.S. illegally. Particularly in the aftermath of September 11, government agencies are taking their responsibilities regarding immigration very seriously.

 

Each of us needs to recognize that being permitted into any country other than our country of citizenship or country of lawful permanent residence is a privilege - not a right. Thus, any time you, as a foreign national, choose to travel abroad knowing that you will need a new visa stamp to reenter, there is no guarantee that 1) the new visa stamp will be issued, or 2) that you will be readmitted at the port of entry.

 

Traveling abroad always carries some degree of risk. The best thing you can do to reduce the likelihood of encountering problems is to carry valid documents with you at all times (including proof of funding if ever asked) and to abide by the laws and regulations governing your non-immigrant status, and your admission to the U.S.

 

Remember that your admission to the U.S. allows you to stay here for the duration of your program of study, teaching, or research. You may remain in the U.S. in F, J, H, or O status even during holidays, summer vacations, and so on. You are not required to leave the U.S. and travel outside until after your program is finished.

 

Q13. That is not exactly true. I am expected to add an international component to my studies, or to travel to conferences and meetings. I will not be able to manage my program in the same was as my American colleagues. Is that fair? Shouldn’t I have the right to do what all students or scholars do? Isn’t it a violation of my rights to have my activities restricted in this way?

 

A13. It is correct, if perhaps not fair, that you do not have all of the opportunities and options available to U.S. citizens and U.S. lawful permanent residents. The staff of the Office of International Affairs will work with you to help you benefit from as many opportunities and experiences as possible.  In some cases you may have to make the difficult choice not to do some things you want to do in order to remain in the U.S. to reach a larger goal.