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Immigration News Flash

June 18, 2004

Discontinuation of Visa Revalidation (Update)

The U.S. Department of State announced at last week’s AILA annual conference that visa revalidation will be discontinued as of July 16, 2004. Visa revalidation cases currently in the pipeline will continue to be processed. An exception will be made for applications that have already been filed and for which additional information has been requested to satisfy specific regulations. Deputy Assistant Secretary of State Catherine Barry stated that DOS has no current plans to revive the revalidation service. The rationale for terminating visa revalidations is that DOS lacks the capacity domestically to acquire the biometric identifiers all visas will be required to contain as of October 26, 2004. Immigration advocacy groups are urging DOS to retain the revalidation service, which remains valuable despite a significant increase in processing times, rejections and denials, and is developing ideas on how to do so.

The visa revalidation process has been used by individuals in the C, E, H, I, L, O and P classifications to obtain new visas for traveling in and out of the U.S. As of July 16, after taking a trip outside of the U.S., individuals whose visa stamp in their passports has expired will have to apply for a new visa at a U.S. consulate abroad to be able to return to the U.S. For those who do not plan on traveling, this change will not affect them. Also, as a reminder, the visa only serves as a travel document. The I-94 card issued by USCIS at the port of entry or by the Service Center is the document that verifies a person’s status and employment authorization.

Regulations are expected within the next 10 days. Greenberg Traurig will provide updates as they become available.

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