John Allardice

Hi

I was wondering if anyone knew whether or not you need 6 months left on your passport to
re-enter the States! I have renewed my H4 and I am travelling to Canada for 2 weeks. I
have been told I don't need to get a new visa stamped in my passport to do this, the old
one will suffice. However, someone mentioned to me that I might need at least 6 months
left on my passport to get back into the US! When I travel I will have only 3 and a half
months left! Does anyone know if this is right or not!

Thanks Janey

Pidro

Yes, it's true so go and have your passport renewed and bring along your old passport
where your visa is stamped when you travel.

> Hi
>
> I was wondering if anyone knew whether or not you need 6 months left on
your
> passport to re-enter the States! I have renewed my H4 and I am travelling to Canada for
> 2 weeks. I have been told I don't need to get a new visa stamped in my passport to do
> this, the old one will suffice. However, someone mentioned to me that I might need at
> least 6 months left on my passport to get back into the US! When I travel I will have
> only 3 and a half months left! Does anyone know if this is right or not!
>
> Thanks Janey
>

David R. Tucker

> Hi
>
> I was wondering if anyone knew whether or not you need 6 months left on your passport to
> re-enter the States! I have renewed my H4 and I am travelling to Canada for 2 weeks. I
> have been told I don't need to get a new visa stamped in my passport to do this, the old
> one will suffice. However, someone mentioned to me that I might need at least 6 months
> left on my passport to get back into the US! When I travel I will have only 3 and a half
> months left! Does anyone know if this is right or not!
>
> Thanks Janey

It's true. Nonimmigrants generally need a passport valid for 6 months past end of stay
when they arrive at the port of entry. (For those with immigrant visas, it's 60 days.)
Nonimmigrants are also required to keep their passports valid.

But the US has agreements with a number of nations to extend the validity of passports for
6 months after the stated expiration. (An expired passport isn't valid for *entry* to a
foreign country anymore, just for *returning* to the issuing country.) Your authorized
stay will not be longer than the (original) expiration date of your passport.

The list is here (you might want to print out the .pdf file and take it with you):

http://foia.state.gov/famdir/MasterD.../0941104X1.pdf

I can't speak for Canada's requirements, which may be different.

Here's the list in text format:

Algeria Antigua and Barbuda Argentina Australia Austria Bahamas, The Bangladesh Barbados
Belgium Brazil Canada Chile Colombia Costa Rica Cote D'ivoire Cuba Cyprus Czech Republic
Denmark Dominica Dominican Republic Ecuador Egypt El Salvador Ethiopia Finland France
Germany Greece Grenada Guinea Hong Kong (Certificates of Identity and Passports) Hungary
Iceland India Ireland Israel Italy Jamaica Japan Jordan Korea Kuwait Laos Lebanon
Liechtenstein Luxembourg Madagascar Malaysia Malta Mauritius Mexico Monaco Netherlands New
Zealand Nicaragua (Diplomatic and Official only) Nigeria Norway Oman Pakistan Panama
Paraguay Peru Philippines Poland Portugal Qatar Russia Senegal Singapore Slovak Republic
Slovenia South Africa Spain Sri Lanka St. Kitts and Nevis St. Lucia St. Vincent and The
Grenadines Sudan Suriname Sweden Switzerland Syria Taiwan Thailand Togo Trinidad and
Tobago Trust Territory of the Pacific Islands (see 9 FAM 41.104 N2.1b) Tunisia Turkey
United Arab Emirates United Kingdom Uruguay Venezuela Zimbabwe

--
David R. Tucker [email protected]

"I may be wrong, but I'm not Clearly Erroneous."

- Judge Hillman

Stephen C. Gallagher

(SNIP)
>
> But the US has agreements with a number of nations to extend the validity of passports
> for 6 months after the stated expiration. (An expired passport isn't valid for *entry*
> to a foreign country anymore, just for *returning* to the issuing country.) Your
> authorized stay will not be longer than the (original) expiration date of your passport.

Of course, if you're travelling by air, there's no guarantee that the airline will let you
board with an expired passport, even if there is an agreement that the originating country
will admit one of it's own citizens for up to six months beyond the stated expiration.
Because the penalties for transporting a person with improper documentation are high, many
airlines will err on the side of caution, rather than take your word, or even a computer
printout that says it's ok for you to travel.

Stephen Gallagher

Hello All

I would think that your visa would have expired as you are mentioning about H4 renewal. If
visa is no longer valid, do NOT surrender I-94 to Canadian Immigration Official. You would
need that to get back to the USA.

John Allardice wrote:

> Hi
>
> I was wondering if anyone knew whether or not you need 6 months left on your passport to
> re-enter the States! I have renewed my H4 and I am travelling to Canada for 2 weeks. I
> have been told I don't need to get a new visa stamped in my passport to do this, the old
> one will suffice. However, someone mentioned to me that I might need at least 6 months
> left on my passport to get back into the US! When I travel I will have only 3 and a half
> months left! Does anyone know if this is right or not!
>
> Thanks Janey

David R. Tucker

> (SNIP)
> >
> > But the US has agreements with a number of nations to extend the validity of passports
> > for 6 months after the stated expiration. (An expired passport isn't valid for *entry*
> > to a foreign country anymore, just for *returning* to the issuing country.) Your
> > authorized stay will not be longer than the (original) expiration date of your
> > passport.
>
> Of course, if you're travelling by air, there's no guarantee that the airline will let
> you board with an expired passport, even if there is an agreement that the originating
> country will admit one of it's own citizens for up to six months beyond the stated
> expiration. Because the penalties for transporting a person with improper documentation
> are high, many airlines will err on the side of caution, rather than take your word, or
> even a computer printout that says it's ok for you to travel.
>
> Stephen Gallagher

Well, that's true! Just because a government has an agreement with another government
doesn't mean the carrying airline wouldn't be fined (although they shouldn't be) or even
guarantee the airline has a clue (although we can agree that it should). But of course I
didn't say anyone should try to travel with an expired document.

I said the US would admit you even if the passport had less than 6 months to expiration.
If the INS decides to make *really* sure you get on a plane during the six months'
extended validity, the airline will be the least of your troubles. And in such a
situation, the other government has pledged to take the person back (which is what the INS
cares about).

In the part quoted above, I was trying to make it clear that an expired foreign passport
can never get you *in* to the US.

Remember, too, that nonimmigrants have a legal obligation to keep their passports current,
and usually aren't admitted for periods beyond the expiration date (D/S probably being the
biggest exception).

If your passport is expired and it can't be renewed, it only makes sense to try to get
some sort of document from your government certifying your ability to travel home. But the
original poster is not in that situation (at least, not yet!). Failing that, if you're
desperate enough and you can afford it, you can always offer to pay any fine.

--
David R. Tucker [email protected]

"I may be wrong, but I'm not Clearly Erroneous."

- Judge Hillman