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Enter the US with visa in expired passport?

Enter the US with visa in expired passport?

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Old Aug 6th 2004, 6:59 pm
  #1  
Lina
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Default Enter the US with visa in expired passport?

Hi,

I have several questions, and I will be very grateful if any of you guys
can help me.

I am an international graduate student, and my F-1 visa is valid until
2008. I got the visa and entered the US in 2003, before all additional
security measures (photos and fingerprints) were implemented at
consulates and ports of entry.

I plan on visiting my home country in December 2004 and come back around
New Year's eve. My passport (the visa is in it) expires in January 2005.

My questions are:

1. Can I enter the US using a passport that will expire in about 10 days
after the date of entry and then apply for a new passport through my
home country's embassy here?

2. If I am able to get a new passport while I am in my home country,
will the visa in the old passport still be valid? Can I enter the US
using two passports, the old one with the visa and the new one?

3. As far as I know, the photo and fingerprints at the port of entry
serve to verify whether you are the same person who got the visa in your
home country. Since I was neither photographed nor fingerprinted when I
got my visa (neither when I entered the US in 2003), can this cause a
problem? I've only had my fingerprints taken when I opened my bank
account because of the bank's new customer policy.

I will also be very grateful if you can direct me to relevant
information in any .gov site.


Thank you in advance!
Lina
 
Old Aug 6th 2004, 7:02 pm
  #2  
Joachim Feise
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Default Re: Enter the US with visa in expired passport?

Lina wrote on 8/6/2004 11:59:
    >
    > 1. Can I enter the US using a passport that will expire in about 10 days
    > after the date of entry and then apply for a new passport through my
    > home country's embassy here?

No. Your passport has to be valid for at least 6 months.

    > 2. If I am able to get a new passport while I am in my home country,
    > will the visa in the old passport still be valid? Can I enter the US
    > using two passports, the old one with the visa and the new one?

Yes. People do that all the time.

-Joe
 
Old Aug 7th 2004, 1:20 am
  #3  
J. J. Farrell
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Posts: n/a
Default Re: Enter the US with visa in expired passport?

Lina <[email protected]> wrote in message news:<[email protected]>...
    >
    > I am an international graduate student, and my F-1 visa is valid until
    > 2008. I got the visa and entered the US in 2003, before all additional
    > security measures (photos and fingerprints) were implemented at
    > consulates and ports of entry.

I'm surprised to hear this - many US visas have had photos for many
years. Fingerprints are new.

    > I plan on visiting my home country in December 2004 and come back around
    > New Year's eve. My passport (the visa is in it) expires in January 2005.
    >
    > My questions are:
    >
    > 1. Can I enter the US using a passport that will expire in about 10 days
    > after the date of entry and then apply for a new passport through my
    > home country's embassy here?

I'm not sure of this. I believe you should be allowed to enter, but
will only be admitted until the expiry of your passport. With this
short a period, they might choose not to admit you at all. Whatever
the actual regulations are, this situation is likely to lead to hassle
at the Port of Entry.

    > 2. If I am able to get a new passport while I am in my home country,
    > will the visa in the old passport still be valid? Can I enter the US
    > using two passports, the old one with the visa and the new one?

Yes. I think this would be the preferred method.

    > 3. As far as I know, the photo and fingerprints at the port of entry
    > serve to verify whether you are the same person who got the visa in your
    > home country. Since I was neither photographed nor fingerprinted when I
    > got my visa (neither when I entered the US in 2003), can this cause a
    > problem?

Anything *can* cause a problem when asking to enter the USA. Remember
that having a valid visa does not guarantee admission. I think it is
unlikely that this will be a problem with such a recently issued visa.
One possibility is that they will admit you this time but cancel your
visa, requiring you to get a new one before the next time you try to
enter the USA.
 
Old Aug 8th 2004, 1:59 am
  #4  
Joe
Guest
 
Posts: n/a
Default Re: Enter the US with visa in expired passport?

My experience for you to share is i'd six months of passport valid when i
enter from my country and i'd valid 2 yrs US visa in my passport.
but the immigration officer stamped me only for six months in my I-94 and
told me to acquire new passport and then leave the country and get a new
valid I-94 until my visa expires. They told me eventhough i've visa for
another 2 yrs but it will always rely on your passport expiration date.

Inother words, Immigration do care about who you are and your fingerprint
and also your valid Visa including valid passport.
if i were you i would never take a risk, its always good to stay in good
position.
i even think they can simply deny for that short period of time.

good luck.


"Lina" <[email protected]> wrote in message
news:[email protected]...
    > Hi,
    > I have several questions, and I will be very grateful if any of you guys
    > can help me.
    > I am an international graduate student, and my F-1 visa is valid until
    > 2008. I got the visa and entered the US in 2003, before all additional
    > security measures (photos and fingerprints) were implemented at
    > consulates and ports of entry.
    > I plan on visiting my home country in December 2004 and come back around
    > New Year's eve. My passport (the visa is in it) expires in January 2005.
    > My questions are:
    > 1. Can I enter the US using a passport that will expire in about 10 days
    > after the date of entry and then apply for a new passport through my
    > home country's embassy here?
    > 2. If I am able to get a new passport while I am in my home country,
    > will the visa in the old passport still be valid? Can I enter the US
    > using two passports, the old one with the visa and the new one?
    > 3. As far as I know, the photo and fingerprints at the port of entry
    > serve to verify whether you are the same person who got the visa in your
    > home country. Since I was neither photographed nor fingerprinted when I
    > got my visa (neither when I entered the US in 2003), can this cause a
    > problem? I've only had my fingerprints taken when I opened my bank
    > account because of the bank's new customer policy.
    > I will also be very grateful if you can direct me to relevant
    > information in any .gov site.
    > Thank you in advance!
    > Lina
 

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