A visa is a travel document showing that a person is authorized to enter (or sometimes, leave) the area for which it was issued. It is also subject to the review and submission by an immigration official at the port and time of entry. The visa is usually initially issued at a U.S. Embassy, Consulate, Mission or other entity authorized to do so.
Generally speaking, a person needs a visa to enter the United States and its territories. However, this is not true for everyone. There are 3 types of situations where a person is not required to obtain a visa through the usual channels mentioned above – 1) The Visa Waiver Program; 2) If you are a Canadian citizen; 3) Automatic Revalidation.
The Visa Waiver program (VWP) is a U.S. program which allows citizens of certain countries to travel to the U.S. temporarily for business or tourism for up to 90 days, without having to obtain a visa. These citizens only have to show a valid machine-readable passport and register under the ESTA program (and receive electronic approval) before entry to the United States.
For Canadian citizens, all that is needed is that they present their valid passport, and they are usually given a 6-month duration of status in the U.S. like most U.S. tourist visa applicants.
Under Automatic Revalidation, except for nationals of Iran, Syria, Sudan and Cuba (who are ineligible for this program), if a person has once obtained a visa and entered the U.S. using that visa, he/she may travel to Canada or Mexico for less than 30 days and re-enter without a new visa being issued as long as the following requirements are met:
- He/she must have an I-94 with time remaining on it after the re-entry. This can be from the original entry or from a change of status;
- F, M and J entrants must have valid documents showing continued status (I-20 for F or M visa holders, or DS-2019 for J visa holders)
- He/she must have a passport with a nonimmigrant visa in it (which can be expired) that was used for a prior entry.
- He/she must have a passport valid for the current entry (the one with the visa in it could be expired)
- F or J entrants may also use visa re-validation from adjacent islands (Saint Pierre, Miquelon, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French and Netherlands territory or possessions in or bordering on the Caribbean Sea.
In conclusion, if you fall into one of the three general categories above, then you probably do not have to go through the usual channels to receive a visa to enter the United States.
The information contained in this article does not constitute a legal opinion nor does it serve as replacing a proper individual legal consultation. Any use of this information shall be entirely at the risk of the reader.
This article was written by Dotan Cohen Law Offices, an immigration law firm that handles legal matters related to the United States, Australia, United Kingdom, Canada, and Israel. Our contact details are:
Tel. +1-646-797-5717
e-mail: [email protected]