Automatic Visa Revalidation and Evidence of Prior Rejection of Visa Application
Automaic visa revalidation is procedure of returning to the U.S. from the contiguous countries of Mexico and Canada using a valid I-94 but without a valid visa in the passport. Other than restriction to use of this procedure for the six designated terrorism sponsor countries, this procedure has been available to other national for a visit to Mexico or Canada and return to the U.S. within 30 days. However, automatic visa revalidation is currently not available when the alien applied for visa during their visit to Mexico or Canada and visa issuance or renewal has been rejected by the American consulates in Canada or Mexico. This rejection has been evidenced by a stamp "Application Received" which is placed by the consular offices for the offers in the port of entry.
Now, according to the AILA, the State Department has issued a cable to the visa posts to cease such practice of placing the Application Received stamp upon denial of the visa application. Instead, the consular officers are instructed to follow the following procedures: Since applying for a visa automatically excludes applicants from using therevalidation option, consular officers are instructed to collect any valid corresponding Form I-94 from the applicant. This action will prevent refused applicants from attempting to use automatic visa revalidation to enter the United States. In addition, in order to alert DHS to any such attempt, consular officers are instructed to mark the back of the Form I-94 with the date and post name and return the form to DHS. If there is a DHS office at post, the consular officers are instructed to turn over the Form I-94 to that office. In other cases, the form is required to be sent as expeditiously as possible to ACS Inc. P.O. Box 7125, London, KY 40743 when using the U.S. mail or pouch, or to ACS Inc., 1084 South Laurel Road, London, KY 40744 when using another delivery method.
Nonimmigrants travelling to Canada or Mexico without a valid visa but with a valid I-94 should be aware of such procedural changees and potential risks involved.