Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

Passport expiry during Visa period

Passport expiry during Visa period

Thread Tools
 
Old Mar 25th 2009, 12:10 am
  #1  
Forum Regular
Thread Starter
 
Dougster75's Avatar
 
Joined: Nov 2008
Location: Katy, TX
Posts: 175
Dougster75 is on a distinguished road
Default Passport expiry during Visa period

Sorry - probably another dumb question.

My youngest son's 5 year passport is due to expire in August 2010. We are due to go to the embassy for interview on April 17th for L1B visa interview.

a) will he even get the L2 stamp in this passport or do I need to get him a new one urgently?

b) if he can get the L2 stamp, what happens when the passport expires while we are in the US?

Please let me know. I should've thought about this before. Tsk.

Thanks,

Doug.
Dougster75 is offline  
Old Mar 25th 2009, 12:13 am
  #2  
BE Forum Addict
 
E3only's Avatar
 
Joined: Jul 2008
Location: East Bay Area
Posts: 2,192
E3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond reputeE3only has a reputation beyond repute
Default Re: Passport expiry during Visa period

Originally Posted by Dougster75
Sorry - probably another dumb question.

My youngest son's 5 year passport is due to expire in August 2010. We are due to go to the embassy for interview on April 17th for L1B visa interview.

a) will he even get the L2 stamp in this passport or do I need to get him a new one urgently?

b) if he can get the L2 stamp, what happens when the passport expires while we are in the US?

Please let me know. I should've thought about this before. Tsk.

Thanks,

Doug.

I am sure someone will come along and give you a more complete answer.

I am not being L visa specific but I think for any visa one must have a min time period left on their passport. Where I am, it is close to 6 months.

If the passport expires, you just go get a new one and carry the old one with you in and out of the country.

Corrent me if am wrong here....
E3only is offline  
Old Mar 25th 2009, 12:14 am
  #3  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Passport expiry during Visa period

Originally Posted by Dougster75
a) will he even get the L2 stamp in this passport or do I need to get him a new one urgently?
He should get the L2 in his passport. His status is dependent on your L1... not on his passport, so even if his passport expires he still has L2 status.


b) if he can get the L2 stamp, what happens when the passport expires while we are in the US?
Get him a new passport when the current one expires... and carry both passports when you travel. He will not get a new visa in the new passport.

Ian
ian-mstm is offline  
Old Mar 25th 2009, 12:28 am
  #4  
Forum Regular
Thread Starter
 
Dougster75's Avatar
 
Joined: Nov 2008
Location: Katy, TX
Posts: 175
Dougster75 is on a distinguished road
Default Re: Passport expiry during Visa period

Thanks again. I honestly don't know how people manage this process without resources like this board. One day, when I'm less buried in paper, I will hopefully be able to give something back...

Cheers,

Doug.
Dougster75 is offline  
Old Mar 25th 2009, 9:12 am
  #5  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: Passport expiry during Visa period

Originally Posted by Dougster75
Sorry - probably another dumb question.

My youngest son's 5 year passport is due to expire in August 2010. We are due to go to the embassy for interview on April 17th for L1B visa interview.

a) will he even get the L2 stamp in this passport or do I need to get him a new one urgently?

b) if he can get the L2 stamp, what happens when the passport expires while we are in the US?

Please let me know. I should've thought about this before. Tsk.

Thanks,

Doug.
Hi:

Visa will be issued with no problem.

Once in the US, a term of admission is to always have a passport valid for at least six months more. US and UK have agreement that UK passport is considered valid for return to UK for six months beyond expiry date.

If less than six months on passport at date of application for admission, then admission is to be until date of PP expiry. [CBP people sometimes miss this].

Once in US, you can apply for new PP.

Valid visa in old PP and new valid PP can be used together to be admitted to the US.
Folinskyinla is offline  
Old Mar 25th 2009, 10:17 am
  #6  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
crg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond repute
Default Re: Passport expiry during Visa period

Originally Posted by Folinskyinla
Hi:

Visa will be issued with no problem.

Once in the US, a term of admission is to always have a passport valid for at least six months more. US and UK have agreement that UK passport is considered valid for return to UK for six months beyond expiry date.

If less than six months on passport at date of application for admission, then admission is to be until date of PP expiry. [CBP people sometimes miss this].

Once in US, you can apply for new PP.

Valid visa in old PP and new valid PP can be used together to be admitted to the US.
Do you have any regs on that? You're right that CBP is missing it a lot. People routinely get limited to the passport expiration date. ie: Their petition is valid untl February 15, 2012, but they only get an I-94 at entry unti the passport expiration (let's say January 15, 2012. People get stuck having to travel or file paperwork to get the additional time...

They'll likely only issue an I-94 to the L petition expiration, not to exceed 3 years and not to exceed the child's August 2010 expiration date, no?

There's also the issue that some countries require an additional six months on their passport. UK isn't one of them, but China is. So if someone goes to the US with a Chinese passport that expires on November 15, 2009, they can only be admitted until May 15, 2009 on that passport.
crg is offline  
Old Mar 25th 2009, 4:40 pm
  #7  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: Passport expiry during Visa period

Originally Posted by crg14624
Do you have any regs on that?
Hi:

Yes I do. The are publicly available via the USCIS website. Also, it pays to look in the provisions of the Immigration & Nationality Act itself. That is also publicly available via the USCIS website.
Folinskyinla is offline  
Old Mar 25th 2009, 5:15 pm
  #8  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
crg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond repute
Default Re: Passport expiry during Visa period

Originally Posted by Folinskyinla
Hi:

Yes I do. The are publicly available via the USCIS website. Also, it pays to look in the provisions of the Immigration & Nationality Act itself. That is also publicly available via the USCIS website.
Hi,

I know where the regs are, but I wasn't sure what you were stating.

I was seeking clarification on this statement:

"If less than six months on passport at date of application for admission, then admission is to be until date of PP expiry. [CBP people sometimes miss this]."

Did you mean that they'll admit the person (like an L-1) past the expiration on their passport if the passport is valid for at least six months? The statement implies that if the passport is valid for less than 6 months, the stay will not be limited to the passport expiry but if the passport is valid for more than six months the person can be admitted past their passport validity. It seems to imply that even though you didn't actually say that.

Also this statement:

"Once in US, you can apply for new PP."

Should it be mentioned that getting a new passport by itself does not extend the I-94 if it was limited to the validity of the passport?

I wouldn't want the OP to think that merely renewing or getting a new passport means they can ignore the date on the I-94. People have gotten into serious trouble by getting a new passport but ignoring the I-94.

Can you clarify what your meant?

Last edited by crg; Mar 25th 2009 at 5:17 pm.
crg is offline  
Old Mar 27th 2009, 12:51 am
  #9  
Forum Regular
Thread Starter
 
Dougster75's Avatar
 
Joined: Nov 2008
Location: Katy, TX
Posts: 175
Dougster75 is on a distinguished road
Default Re: Passport expiry during Visa period

Thanks all. As we have time to get the passport renewed prior to the interview, we'll play it safe and get it done - can't hurt to do it now anyway. When we booked our visa interview, they took the passport numbers down - does anyone know if we'll have to call the £1.20/min line to change the number on this one when we get it renewed or will it be ok to explain when we are there...

Cheers,

Doug.
Dougster75 is offline  
Old Mar 27th 2009, 11:44 pm
  #10  
JAJ
Retired
 
JAJ's Avatar
 
Joined: Apr 2004
Posts: 34,649
JAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond repute
Default Re: Passport expiry during Visa period

Originally Posted by Dougster75
Thanks all. As we have time to get the passport renewed prior to the interview, we'll play it safe and get it done - can't hurt to do it now anyway.
And you avoid the extra cost and hassle getting a British passport overseas:
http://britishexpats.com/wiki/Obtain...ports_overseas
JAJ is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.