Update on Security Checks and Visa Revalidation by the State Dept. in the U.S.

Generally visa revalidation is available through the State Department in the United States to individuals who currently are in H, L, O, P, E or I status and currently have a visa in their passport of the same classification as the visa being sought. In addition, the individual’s visa must either be expiring within 60 days of applying or have been expired for less than a year. This is an option for qualified individuals who want to get a new visa in their passport but do not want to have to apply at a U.S. Embassy or Consulate abroad when they are traveling. Based on the increase in security checks and concerns, the State Department gave some practice pointers on visa revalidation to the American Immigration Lawyers Association that are summarized below.

In order for the State Department to revalidate a visa, the application must be "clearly approvable". When there is any question about the approvability of the application, the application will be returned to the applicant with a letter informing the applicant that they should apply for a visa at a consular post abroad. For individuals from the list of 26 countries who are automatically subject to special processing, this does not necessarily mean they can not apply for visa revalidation. The State Department reviews these applications on a case-by-case. For the "List of 26" countries, the background check generally takes around 20 business days. Generally, the Visa Revalidation Unit can still process requests from individuals from the "List of 26" after the initial check unless something else is triggered during the check which requires further review.

However, for any applicant whose DS-157 application form triggers a Visas Condor background check, the State Department will apply a temporary refusal procedure and the applicant must apply abroad for their visa. A DS-157 form is required for all males between the ages of 16 and 45 applying for a visa, and posts can require a DS-157 from any applicant. A Visa Condor check generally can take 30 days to complete the check. Please note that once those individuals go abroad to apply, the Visa Condor will still trigger a further review and while this review typically takes 30 days, it could take longer abroad.

In the event a hit occurs and a check is triggered, the State Department will stop processing the visa revalidation application. The individual will be returned their application packet with instructions that "Under existing guidelines, your application may need further processing at an American Embassy outside the U.S." In the event where an application is temporarily refused under 221(g) for ineligibility to receive a visa because of missing documentation, etc., the application will be returned to the applicant with a letter indicating the deficiencies in the application (this letter is similar to a letter developed and used by posts abroad). For a 221(g) refusal, the applicant’s passport is not marked with an "application received" stamp as it would be if the refusal was based on substantive grounds, but please note that this temporary refusal must still be indicated on any other subsequent visa applications on the DS-156.

Visa revalidation can be a good way for qualified individuals to get a new visa and avoid the hassle of applying for a visa at a post abroad. Visa revalidation takes several weeks so interested individuals should plan to apply well in advance of any planned travel. In order to find out if you are qualified to revalidate your visa, contact the GT Business Immigration group to discuss the options.

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