Q: What is a U.S. visa?
A: It is a permit that allows an alien to apply for admission into the United States at a port of entry and is indicated by a stamp on the alien's passport.
Q: How do I know my U.S. visa is still valid?
A: Check your visa for the expiration date and number of entries to determine if your visa is valid. When you received your visa, you were given a certain amount of time to apply for admission at a U.S. port of entry, as well as a set number of entries. Your visa is no longer valid if it is beyond the expiration date, or you have no more available entries. If your visa is within the expiration date and there is still an available entry, your visa is valid.
Example:
Kyu has a visa with a limit of two entries and she has used both entries. However, her visa has not yet reached its expiration date. Kyu has an invalid visa since she has a limited entry visa and has used all of her entries, even though her visa has not yet expired. Both conditions must be present for her visa to be valid.
Example:
Deegan has a visa with a limit of two entries, and has one entry remaining. However, his expiration date has passed. His visa is not valid since his visa has expired, despite the remaining entry.
Q: If I do not have a valid U.S. visa, may I return to the U.S.?
A: Generally, no. In most cases, you must have a valid visa to return to the U.S.
Q: What is a valid U.S. status?
A: A valid U.S. status means that you are authorized by the USCIS to remain within the U.S. during the authorized period of time.
Q: What is the relationship between a U.S. visa and U.S. status?
A: A visa is a permit that gives you permission to apply for U.S. status at a U.S. port of entry. U.S. status gives you permission to remain within the U.S. Generally, an alien may not obtain U.S. status without first obtaining a visa. First, an alien must obtain a visa at a U.S. consular office located abroad. Once the visa is obtained, the alien applies with Customs and Border Patrol or the USCIS at the U.S. port of entry for U.S. status (i.e., permission to remain in the U.S.).
Q: Is it possible to have an expired U.S. visa but a valid U.S. status?
A: Yes. If an alien is granted permission to remain within the U.S. at the port of entry, he/she has a valid U.S. status.
If the expiration date for the alien's permission to stay in the U.S. is later than the expiration date for the alien's visa, the alien has a valid U.S. status but an expired visa.
Q: I am here in the U.S .with a valid status and do not have a valid visa. If I apply for a visa at a U.S. consulate in my home country, do I risk not being able to obtain a visa?
A: Yes, obtaining a visa from a U.S. consulate is not guaranteed. A U.S. consular officer may approve or deny your application for a visa for a number of reasons.
Q: What is Visa Revalidation?
A: Visa Revalidation is a procedure where aliens with valid U.S. status, who wish to travel outside the U.S. for a brief period of time, may renew their visas without leaving the U.S., provided that they qualify for visa revalidation.
Q: What are the benefits of Visa Revalidation?
A: There are two (2) benefits. First, an alien with an expired visa may renew his/her visa (provided he/she meets the qualifications) without having to face the risk of being denied a visa and prohibited from returning to the U.S. Second, Visa Revalidation is relatively inexpensive compared to other ways of obtaining a visa (i.e., going to one's home country to apply for a visa or applying for a visa through a third country).
Q: How do you apply for Visa Revalidation?
A: There are two methods to obtain a Visa Revalidation. You can either apply through the U.S. consulate where you obtained your original visa, or you can apply through the State Department offices located in Washington, D.C.
Q: How do I qualify for Visa Revalidation through a U.S. consulate?
A: In order to be eligible for Visa Revalidation through a U.S. consulate, you must meet the following requirements:
you must apply for visa revalidation at the U.S. consulate where you obtained your original visa;
you must have a valid passport; and
you must be prepared to travel to the U.S. consulate for an interview if required.
Each consulate may have its own additional requirements as well.
Q: How do I qualify for Visa Revalidation through the State Department?
A: In order to be eligible for Visa Revalidation through the State Department, you must meet the following requirements:
Q: Which method of Visa Revalidation is preferred?
A: It depends. In many situations, Visa Revalidation through a U.S. consulate is the only option available for an alien who wants to renew his/her visa. For example, this is the only option for an alien who has a visa that expired more than twelve months ago. However, if an alien is eligible for both processes, the State Department process is preferred. The State Department does not require an interview and does not require you to send your passport via international mail.
Q: What is the procedure for Visa Revalidation through the State Department?
A: The visa reissuance papers are prepared and sent to the State Department's Visa Office in Washington, D.C. Upon receipt of these papers, the State Department begins processing the case.
Q: If I qualify for Visa Revalidation and I submit all documents required for Visa Revalidation to the State Department, am I guaranteed that my visa will be renewed?
A: No. The State Department has discretion to issue or not issue the visa.
Q: Once the papers are submitted to the State Department, how long does the process take?
A: Generally, the process can take anywhere from twelve (12) to fourteen (14) weeks.
Q: If I would like to retain Z&A to assist me in revalidating my visa through the State Department, what documents do I need to provide?
A: To have us assist you with your visa revalidation, you must submit the following:
a valid passport (must be valid for at least six months);
a previous E, H, L, O, or P visa on your valid passport;
an original I-94, or if your I-94 expired, a valid I-797A approval notice from the USCIS indicating the applicant's current employer and showing the approved extension of U.S. stay for the alien;
a photograph meeting these requirements;
a letter of support from the employer or company; and
a self-addressed, stamped, or pre-paid envelope.
Additional documentation may be required.
Q: If I filed an immigration petition and my non-immigrant visa expired, may I still obtain a new visa by Visa Revalidation through the State Department?
A: It depends. If an immigrant visa will be available to you within six (6) months of the date you are seeking Visa Revalidation, then the State Department will not issue you another non-immigrant visa.
Q: Can an attorney assist me in obtaining a visa through Visa Revalidation?
A: Yes. An attorney can draft a petition letter on behalf of your company and help you prepare all the required documentation you need to submit to the State Department. Z&A has a staff of experienced attorneys who can draft the necessary letters and assist you in your document preparation.
Q: I am living in California, but your office is headquartered in Houston, Texas. Could you handle my Visa Revalidation case?
A: Yes. Z&A is headquartered in Houston, TX, and has branch offices in New York, Houston, Los Angeles, Chicago, Austin, Silicon Valley, and Seattle. However, we handle immigration cases for clients located throughout the U.S. by using the latest technology.
Q: How much do you charge to prepare a Visa Revalidation application?
A: Our fee is $500 plus the standard USCIS filing fees.
Q: What is a Third Country Visa?
A: It is a visa to the U.S. obtained in a country that is not your home country. Usually, it refers to a visa application or visa obtained from a U.S. consulate located in Canada or Mexico. For more information about Third Country Visas, please click here.
Q: What are the differences between a Third Country Visa and Visa Revalidation through the State Department?
A: The difference lies in where you go to renew your visa. Visa Revalidation requires approval from the U.S. State Department, whereas a Third Country Visa requires a visit to a third country to obtain a new visa.
Q: Between Visa Revalidation through the State Department and a Third Country Visa, which is preferable?
A: Since you do not need to leave the U.S, a revalidation through the State Department is preferred, provided you meet all the necessary qualifications.
Example:
Anna is out of U.S. status. Annais unable to qualify for Visa Revalidation through the State Department since she is out of status and does not have a valid E, H, L, O, or P status.
Example:
Fred is out of status in the U.S. Fred may not renew his visa through a Third Country Visa since it is prohibited by the Consular shopping bar rule. The exception to this rule applies if the alien is out of status due to technical reasons.
For more information about Third Country Visas, please click here.
Example:
Sung is in F-1 status. His visa expires in a month and his passport is valid for a year. Sung is ineligible for Visa Revalidation through the State Department because it is open only to those who are in E, H, L, O, or P status. His best alternative is to apply for a Third Country Visa after his visa expires.
For more information about Third Country Visas, please click here.
Example:
Nina's status has recently changed from F-1 to H-1B. Nina wants to obtain an H-1B Visa. The State Department requires that you have already had a visa in the same category that you seek to revalidate. Nina cannot use Revalidation through the State Department since she is applying for an H Visa for the first time after a change of status petition has been granted.
Example:
Lance meets the technical requirements for Visa Revalidation through the State Department except he does not have any specific travel plans. Lance may renew his visa through the State Department since he meets all requirements. Lance intends to travel abroad at some point in the future and re-enter the U.S. using the reissued visa.
Example:
Emil is in J-1 status. His visa expired less then twelve (12) months ago and his passport is valid for eight (8) months. Emil is ineligible for Visa Revalidation through the State Department since the option is only available for those who are in E, H, L, O, or P status. His best alternative may be to apply for a Third Country Visa once his visa expires.
For more information about Third Country Visas, please click here.
(Updated 10/10/12 by NT)
For more information about Visa Revalidation, please refer to the following links: