Department of State (DOS) regulations permit certain non-immigrants to re-enter the United States after a 30-day or shorter visit to Canada, Mexico or the adjacent islands (except for Cuba) without having to obtain a new visa prior to re-entry. This is called automatic visa revalidation. Individuals seeking to benefit from this provision must retain their I-94 when leaving the U.S. as it is essential for re-entry. In addition, all other travel documents relevant to the particular status (passport, I-20 or DS-2019) must be carried and properly endorsed, if required.
Exceptions
There are three exceptions to this provision. First, citizens of Cuba, Iran, North Korea, Syria and Sudan are no longer eligible for automatic revalidation. They need to have a valid visa in their passport in order to re-enter. Also, Chinese citizens who have CWOP (canceled without prejudice) on their visa stamps may be denied re-entry. Be sure to check your visa stamp carefully.
In addition, anyone who is visiting Canada or Mexico in order to apply for a new visa may no longer benefit from automatic revalidation. Many individuals schedule an appointment with a U.S. consulate in Canada or Mexico in order to obtain a new visa so as to facilitate future travel overseas. Those who choose to apply for a new visa in Canada or Mexico must wait until the visa is approved or denied to re-enter. If the visa is denied, they may not re-enter and would have to travel directly to their home country and apply for a visa there. The risk of denial in a country other than the home country is higher for those who must prove their ties to their home country in order to get a visa (such as Fs and Js). Those considering applying for a visa in Canada or Mexico should take this into account when making their plans.
Third, if an individual was subject to Special Registration when entering the United States (usually designated by a FIN # on the I-94), that person is not eligible for automatic revalidation.
Canadian Citizens
Canadian citizens do not need a visa stamp in their passports to enter the United States. They will still need to carry all other documents (passport, Form I-20 or DS-2019 and financial documents).
For More Information
Contact the Intercultural Center or visit http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html.