F-1 students and others frequently travel to Canada or Mexico to apply for a visa rather than applying in their home countries which may be tremendously inconvenient. In many cases, the student has a valid visa in his or her passport and they are in status, but the visa is valid for just one entry or the visa has expired and the student doesn’t want to risk leaving North America only to find that he or she cannot get back in. But what happens if the consulate in Canada or Mexico doesn’t issue the visa or the consulate is closed due to a government shutdown. Fortunately, INS regulations provide a solution known as “automatic visa extension.” The rule basically allows someone to reenter the US on an expired visa if the person had a valid I-94 before leaving the US. The ground rules are as follows:
- The applicant must be in possession of a valid I-94. This means that you should not surrender your I-94 before you leave. In some cases, airlines or other transporters request the form before boarding. DO NOT SURRENDER YOUR I-94.
- The applicant must be reentering the US within 30 days of the last departure.
- The applicant must have only traveled to a contiguous territory within the 30 days. This means Canada, Mexico and certain islands close to the US shore. If you travel beyond a contiguous territory within the 30 days, you are not eligible for an automatic visa extension.
- The applicant must be in possession of a valid passport and a valid nonimmigrant visa. If you are out of status, you are not eligible.
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