Flabound oneday

My passport expires August 2012.
we are currently processing my L1 renewal (expires 30 Aug 2011)

my question is -should I renew my passport now so that (if granted )my renewed visa can go in the new passport
OR
wait ,get the visa in the old passport and then renew it next time back in the UK
are there any problems with a visa in an old passport ?

crg

There is generally no problem with a visa in the old passport.

It's a little more inconvenient to carry two. I'm assuming that both passports will be UK passports. The visa in the old passport option is only available if both passports indicate the person is a national of the same country. For example, a person cannot use the visa in an old expired French passport with a new valid British passport.

TNwaltz

The advice I have been given on this is that a new visa will not be inserted into a passport beyond the expiry of the passport. ie if your visa will be good for say 2 yrs - and your passport expires in 1 yr - you may only get stamped for a 1 yr period!

However, this is for E2 visa I am talking about and not L1. I have just had a stressful 3 months getting my UK passport renewed in Washington - it arrived today after 3 months !!! Make sure you get yours done in PLENTY of time before it really has to be done . Good luck ! :

crg

That's just not true. Perhaps you're referring to the period of admission. The I-94 will generally not be issued for longer than the passport validity. Some people also refer to the Form I-94 as a "visa" even though it is not.

TNwaltz

I am referring to a visa - not the I-94. My (old) passport will expire Sept 2011. My application for E2 Renewal Visa is in the "system". The advice I was given by our attorney was to have the passport renewed before going in for the Interview (in the next few weeks I am hoping) as the Officer would likely not grant our 5yr application into a passport with only several months to expiry. Perhaps he was being extra cautious - and didnt want to take any risks. Anyone else got experience with this scenario?

Also - your info is not correct re the I-94 not being granted beyond the expiry of the passport. I re-entered last June on my passport (exp Sept 2011) - and had my I-94 stamped for 2 yrs (June 2012) which is way beyond expiry. (2 yr I-94 upon each entry is a quirk of having an E2 Visa).

crg

Why do you jump to the conclusion that my info is wrong when it is a possibility that the border guard just didn't check to make sure they limited the I-94 to the passport validity and issued the I-94 to an incorrect date?

You're relying too heavily on your own narrow, and limited border crossing experience.

I'm relying on the Code of Federal Regulations.

Here's what the CFR says about how they should have admitted you with that E visa you were talking about:

http://law.justia.com/cfr/title08/8-...0.1.2.18.0.1.2

(iii) Unless otherwise provided for in this chapter, an alien shall not be admitted in E classification for a period of time extending more than 6 months beyond the expiration date of the alien's passport.

As a side note, I said "The I-94 will generally not be issued for longer than the passport validity". I said "generally" to account for D/S admissions and the section of law referencing this caveat within the CFR about the E classification.

raasay

On a slightly different topic: I have an ESTA visa valid for another 18 months approx. I need to renew my UK passport because it's nearly full. Will this mean that I have to re-apply for the ESTA visa using the new passport information?

ian-mstm

ESTA is not a visa. In fact, it's the exact opposite.


Once you have the new passport you don't need to reapply... you only need to update. You should also carry both passports with you when you travel!

Ian

dreamercon

That's not true. See here

Q: What should I do if the information on my passport has changed?
A: If a traveler obtains a new passport or there is a change to the passport information, the individual will be required to apply for a new travel authorization through ESTA.

ian-mstm

Ah... my bad! You're correct.

Ian

S Folinsky

I'm in total agreement that the ESTA does not fit within the statutory definitions [see INA 101(a)(4), (9), (11), (16) & (26).]

However, I would not say that the ESTA is the "exact opposite." Rather I would say that, pursuant to the general authority under section 214(a), the Government imposed an analogue to a visa in the sense of obtaining a pre-clearance to board a carrier to come to the United States.

I believe that ESTA was an adaption of the system used by Australia for issuance of electronic visas.

From a historical sense, ESTA strikes me as an abandonment of the visa waiver process except for retention of the aspects adverse to most rights the alien may have otherwise had.

But again, the ESTA is not a "visa" by the US definition.

[BTW, in regards our prior debate regarding allegiance and citizenship, the matter of William Joyce aka Lord Haw Haw is of interest. He was born a US Citizen and was naturalized as a German citizen in 1940. However, he had previously obtained a British Passport by a fraudulent claim of birth in Ireland. The timing allowed to beat two of the three charges against him. However, it was possession of that British Passport which killed him on the third charge.]