Can I use the automatic visa revalidation to layover in the US?
Birth and residence: China, P.R.
Current: F1 in US, with valid I20 & I94 (valid until 2018), visa expired, visitor visa of Canada
Travel: Toronto -> Chicago -> Beijing
My question is, can I layover in the Chicago? I know students with F-visa can return to the US within 30 days from Canada. However, my case is a little bit special since I'm not returning US, but layover in the US to take another flight.
Though I can renew my US visa in Toronto, the risk is, if I cannot get cleared, I cannot re-enter US, and I will miss the planned flight.
Best Answer
Yes, it seems plausible, but you have to comply with all of the AVR requirements:
- not ever being out of status
- your SEVIS record must be current and active
- and others per CBP
Couple suggestions
- Layover means entering US and exiting US. You will deal with US immigration (CBP) in Toronto pre-flight inspection. From personal experience with AVR, you might be sent to secondary inspection. Allow some time (~2-3 extra hours) for that.
- Many US CBP officers are not entirely aware of the AVR rule. Carry the linked AVR memo, as well as the text of the corresponding FAM and CFR. If the officer tells something like "I can not admit you with expired visa" politely show him the printout. If he still refuses, you have the right to have your case heard by the head of the port of entry. They are usually much more knowledgeable and they know the rules (personal experience).
PS. Unless it is some kind of emergency, I would renew your visa in Toronto.
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Does automatic visa revalidation renew your visa?
Automatic visa revalidation allows foreign nationals to reenter the United States after a brief visit to Canada or Mexico even though the U.S. visa has expired, or the current visa does not match the current status in the U.S. For persons in J and F status, it also allows them to reenter after travel to islands in the ...What is automatic revalidation rule?
Automatic Revalidation allows certain nonimmigrants to re-enter the U.S. with an expired U.S. visa stamp in their valid passport after visiting Canada, Mexico or an adjacent island for less than 30 days. This includes individuals in F, J, O and H-1B status.Does automatic revalidation apply to H-1B?
Automatic revalidation is allowed in case you changed your status after entering the US territory on some other visa. For example, if you entered US on H1B visa and later changed status to H4 within USA, you are still eligible to use visa revalidation at port of entry.Who can use automatic visa revalidation?
Automatic Revalidation- Nonimmigrants who departed the United States for brief travel to Canada, Mexico, or an adjacent island (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.
Automatic Revalidation Exception To Re-Entering The United States With A Valid I-94 And Expired Visa
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