IMMIGRATION LAW WEEKLY- NOVEMBER 11, 1996

Immigration Law Weekly

November 11, 1996

I heard that I can get my visa re-issued in Washington without having to leave the United States. Is this true?

Yes, but only in certain cases.

Under 22 CFR §41.111(b)(1), the Visa Office in Washington can re-issue visas to qualified aliens who are currently maintaining status and are properly classifiable in the A, C-2, C-3, G or NATO category and intend to reenter the United States in that status after a temporary absence abroad and who also present evidence that:

They have been lawfully admitted in that status or have, after admission, had their classification changed to that status; and
Their period of authorized stay in the United States in that status has not expired; and

In addition, under 22 CFR §41.111(b)(2), the Visa Office can re-issue visas to other qualified aliens who are currently maintaining status in an E, H, I, or L nonimmigrant category and intend to reenter the United States in that status after a temporary absence abroad and who also present evidence that:

They were previously issued visas at a consular office abroad and admitted to the United States in the status which they are currently maintaining; and
Their period of authorized admission in that status has not expired.

In the case of non-diplomatic visas, the Visa Office will only reissue E, H, I or L visas and only if the alien has previously been issued the same visa at a consulate and has not since fallen out of status. The alien may not change status and hope to obtain a new visa from Washington unless he or she has changed to one of the diplomatic categories and they have not fallen out of status.

Normally, the alien will file a completed Form OF-156, with the valid passport, the previous visa, the current I-94, and a letter usually from their employer confirming employment in the status and the need for the visa, together with any required visa fee.