British passport expired. Travel on Irish passport instead?
#1
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Thread Starter
Joined: Jul 2003
Posts: 6
British passport expired. Travel on Irish passport instead?
My US L-1 visa, which is valid until April 2020, is in my expired British passport that expired a few weeks ago (December 2019). I'm a dual Irish/British citizen and have an Irish passport valid to 2022. Since the Brexit vote I would rather not renew my British passport and only travel on my Irish passport which will confer greater rights within Europe.
I would like to visit the UK for 2 weeks. How would I handle exiting the US and subsequent re-entry on my Irish passport?
I'm also AOS through marriage to a US citizen, pending the interview and have a valid EAD/AP card. Would appreciate hearing from anyone who has a similar situation, I imagine there's a fair few of us!
I would like to visit the UK for 2 weeks. How would I handle exiting the US and subsequent re-entry on my Irish passport?
I'm also AOS through marriage to a US citizen, pending the interview and have a valid EAD/AP card. Would appreciate hearing from anyone who has a similar situation, I imagine there's a fair few of us!
#2
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Joined: Apr 2016
Location: Chicago, Illinois
Posts: 334
Re: British passport expired. Travel on Irish passport instead?
Since you're pending AOS and have a valid AP card your L-1 is effectively null and void in anycase.
Upon your next entry, enter on your Irish passport and present the officer with your EAD/AP combo card, don't offer up the L1 unless specifically asked as again, you MUST enter on the AP card.
Upon your next entry, enter on your Irish passport and present the officer with your EAD/AP combo card, don't offer up the L1 unless specifically asked as again, you MUST enter on the AP card.
#3
Forum Regular
Joined: Jan 2017
Posts: 246
Re: British passport expired. Travel on Irish passport instead?
Since you're pending AOS and have a valid AP card your L-1 is effectively null and void in anycase.
Upon your next entry, enter on your Irish passport and present the officer with your EAD/AP combo card, don't offer up the L1 unless specifically asked as again, you MUST enter on the AP card.
Upon your next entry, enter on your Irish passport and present the officer with your EAD/AP combo card, don't offer up the L1 unless specifically asked as again, you MUST enter on the AP card.
#4
BE Enthusiast
Joined: Apr 2016
Location: Chicago, Illinois
Posts: 334
Re: British passport expired. Travel on Irish passport instead?
Not true. If they have L1 status before leaving, they can return on their L1 visa, and it will not abandon their AOS. (Entering on a visa instead of AP has the advantage that if AOS is denied, one remains in status instead of needing to leave immediately.) L1 is one of the statuses (along with H1b/H4/L2/K3/K4/V) where one can specifically leave and re-enter during AOS without needing AP and not abandon their AOS.
However after I received AP I explicitly asked CBP if I could enter on my L1 (as I wanted to use the Global Entry terminals, which don't support AP) and was told in person by them that once AP has been issued your L1 is effectively null and they cannot emit you under that status (and that you're almost always going to end up in secondary when entering with AP).
Can anyone else confirm for OP? Either way it shouldn't matter, he can enter with AP on his Irish passport with his EAD/AP combo card.