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U.S. State Department to end visa revalidation in the United States - 6.16.2004

As expected, the U.S. State Department has indicated that it will end the visa revalidation program effective in July. The program is coming to an end due to the recent requirement that aliens submit biometric identifiers (i.e. digital photographs and fingerprints), submission of which could not be accomplished through the mail.

Visa revalidation allows the holders of certain common nonimmigrant visas such as Hs and Ls to revalidate them within the U.S. instead of doing so at a U.S. consulate abroad. Aliens simply mailed in their passport along with a visa application, photographs, supporting documentation, and the appropriate fees to the U.S. State Department. For those who did not travel often, revalidation was a good way of renewing an existing visa without the uncertainty of consular processing.

The visa found in an aliens passport and the aliens status in the U.S. are distinct. The visa in the passport really serves no purpose other than allowing the alien to reenter the U.S. in the appropriate status after international travel. The passport visa could expire while the alien is in the U.S. and that expiration may have no effect on the aliens underlying status. Visa revalidation was the process used to renew such visas from within the U.S. before traveling. So long as an alien does not travel abroad, nonimmigrant status may be maintained and extended within the U.S. without the need for revalidating the travel visa.

Some aliens may view the end of the revalidation program as no great loss. Given that the revalidation process takes up to three months, and the alien would need to relinquish his or her passport during that period, many aliens opted for consular processing in any event. Now, consular processing will be the only option to renew an existing travel visa. For our Canadian neighbors, who are visa-exempt, revalidation was seldom used other than for E Treaty Trader/Investor visas.

Please contact Matthew S. Raynes, mraynes@eatonpeabody.com, for further information.

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