March 14, 2002 - The U.S. Department of State (DOS) issued an interim rule that amends 22 CFR Section 42.112(d), which allows certain Third Country Nationals (TCNs) who visit Canada and Mexico for less than thirty days to re-enter the United States with an un-expired I-94 Arrival/Departure card. This provision is commonly known as "automatic revalidation". The new rule renders two categories of TCNs ineligible for automatic revalidation: 1) those who are from states identified as sponsors of terrorism, which currently includes: Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba; and 2) those who apply for new visas during their visit to Canada or Mexico, regardless of nationality.

This regulatory change will have a significant impact, not only for nationals of countries identified as terrorist sponsors, but for all TCNs because automatic revalidation is no longer available to those who apply for new visas while visiting Canada or Mexico. If you are presently in the Unites States in lawful nonimmigrant status and wish to apply for your visa in Canada or Mexico, please be advised that if the U.S. Consulate refuses to issue your visa, you will not be eligible to re-enter the U.S. based on an INS approved extension or change of status. If this should occur, you will need to return to your home-country to apply for a visa.

The interim rule becomes effective on April 1, 2002.