F1, Work Authorization, Expired Passport
 

Hi there,

This question is for a friend of mine, who has F1 Student Visa. She will graduate this May and is about to apply for work permit. However there are some problems.

---Her passport will expire soon, and as we know once the passport expires it is illegal to stay in the USA. Now, our question is...is this true even though her Employment Authorization case will be pending? Does it matter that her passport expires once her case is pending?? Can she wait until she gets her work permit and then go back to renew her passport??

The problem is that the Immigration strongly recomends to NOT leave the country while Employment Authorization is pending, but she's in a big trouble, as her passport expires. She is from a country that is in transition administered by the UN, and she MUST go back to renew her passport, she cannot do it from here.

Another thing is, since she's graduating she's afraid that she won't be able to come here after she leaves. She told me she needs to find a job in order to come back, but again, leaving while her case is pending is her biggest problem. Immigration might think that she abandoned her case.


What would you suggest? Any suggestion/help will be very much appreciated. My friend is living with me, so I'll pass her your responses, or give her my password and user name so she can check it out herself.

Thanks and we hope to hear from you.

Re: F1, Work Authorization, Expired Passport
 

"tina7777" <[email protected]> wrote in message
news:[email protected] m...
>
> This question is for a friend of mine, who has F1 Student Visa. She will
> graduate this May and is about to apply for work permit. However there
> are some problems.

I assume your friend is applying for OPT and has filed an I-765 application
to obtain an Employment Authorization Document (EAD).

> ---Her passport will expire soon, and as we know once the passport
> expires it is illegal to stay in the USA.

"Illegal" is too strong a word in this case but yes, all non-immigrants are
expected to maintain valid un-expired passport at all times. However, USCIS
(or better, the ICE) has other things to do than locating and rounding up
people with expired passports! :-)

> Now, our question is...is this
> true even though her Employment Authorization case will be pending?

Yes.

> Does
> it matter that her passport expires once her case is pending??

It won't affect her application.

> Can she
> wait until she gets her work permit and then go back to renew her
> passport??

Yes.

> The problem is that the Immigration strongly recomends to NOT leave the
> country while Employment Authorization is pending, but she's in a big
> trouble, as her passport expires. She is from a country that is in
> transition administered by the UN, and she MUST go back to renew her
> passport, she cannot do it from here.

That is true. F-1 visa holders are allowed to travel while their OPT
application is pending, but once it is approved, they can only re-enter the
US if they have a job to go to. Consequently, if the application is approved
while they're abroad and they don't have a job lined up yet, they wouldn't
be able to re-enter the US.

> Another thing is, since she's graduating she's afraid that she won't
> be able to come here after she leaves.
> She told me she needs to find a
> job in order to come back, but again, leaving while her case is
> pending is her biggest problem. Immigration might think that she
> abandoned her case.

No, an I-765 is not considered abandoned when one leaves the US, but for the
reason stated above, travelling while an I-765 is pending is not a good
idea.


Jozef

Re: F1, Work Authorization, Expired Passport
 

Hi Jozef,

Thank you very much for your reply. Yes OPT, that's what I'm applying for, but I want to find a way to remain LEGAL all the times. I don't want to do ANYTHING which would be recorded as a negative point with Immigration such as an expired passport.

My concern is that if I wait until I get my work permit and then go back to renew my travel document, I might not be able to come here anymore, because they will say "You stayed in the US with an expired passport, you broke the rule." This is my concern. But then if I leave now, I might not come back either, because I don't have a job lined up yet, and because they say it's better to stay here while the case is pending.

I just don't know what to do. I guess all I want to know is, will they deny my entrance if I go to my country AFTER I receive my work permit? Let's say I graduate in May, my passport expires in July, my card arrives in September... Will they state the fact that I was here with an expired passport for two months...and deny my entrance?

Another thing is, am I in good status for as long as my status is pending? If this is the case, then I'm OK right?

Thank you so much again...

Re: F1, Work Authorization, Expired Passport
 

"tina7777" <[email protected]> wrote in message
news:[email protected] m...
>
> Yes OPT, that's what I'm applying
> for, but I want to find a way to remain LEGAL all the times. I don't
> want to do ANYTHING which would be recorded as a negative point with
> Immigration such as an expired passport.

That's a very commendable mindset! :)

> My concern is that if I wait until I get my work permit and then go back
> to renew my travel document, I might not be able to come here anymore,
> because they will say "You stayed in the US with an expired passport,
> you broke the rule." This is my concern.

I'm pretty sure you don't have to worry that the immigration officials are
going to interpolate all the dates on your passport to make sure "that your
passport was not expired at any point during the whole time you were in the
US in the past"! And if you're that worried about it, apply for a new
passport. You will need a new F-1 visa stamp anyway.

> But then if I leave now, I
> might not come back either, because I don't have a job lined up yet, and
> because they say it's better to stay here while the case is pending.
> I just don't know what to do. I guess all I want to know is, will they
> deny my entrance if I go to my country AFTER I receive my work permit?
> Let's say I graduate in May, my passport expires in July, my card
> arrives in September... Will they state the fact that I was here with an
> expired passport for two months...and deny my entrance?

Again, no. And in the unlikely case they do ask you about it, explain why
you were not able to renew your passport from within the US.

> Another thing is, am I in good status for as long as my status is
> pending? If this is the case, then I'm OK right?

You continue to be in valid F-1 status, not because the I-765 is pending,
but because the DSO of your school has recommended you for OPT, updated your
record in SEVIS accordingly, and issued you an I-20 form which you included
with your I-765 application.

Jozef