Pulaski

Agreed. And the validity, or at least acceptability, of the visa might be called into question because the visa is no longer bound in to the passport with the ID information and picture of the visa holder.

KCK_DR

+1

My child is a U.S. citizen and she is also a national of the country I was born in. If she never claims that citizenship she will never have it, but it is not her choice to be a national of the other state.

JAJ

Except that your daughter most likely is a citizen of the country concerned. Possession of a particular citizenship is usually not contingent on making a claim.
Most countries make no distinction between being a national and a citizen. The United States and United Kingdom are among the very few exceptions.

notshipman

yeah obvious answer is go with visa in indian passport but the guy wants a UK passport too.

Sometimes you cant have your cake and eat it!

Steve_

USCIS can't transfer a visa, like I said, CBP don't really care about the foreign documentation as long as you've got something that proves that you are you, that's why they put photos on the visas. Some people enter with no passport at all because they're stateless.

I've entered using a visa in a cancelled passport with the corner cut off and one time I had a visa that peeled off (back when they first started sticking them in passports, the glue wasn't very good) and INS at the time didn't have a problem with it.

I don't recommend you do it because of WHTI but I can't see that it would preclude your entry, because the British passport would be WHTI compliant.

crg

I can't believe someone suggested performing surgery on a passport or seeking entry with a clipped passport. Passports are owned by the issuing authority and tampering with one could be a crime.

Seeking entry without a valid passport and valid visa could lead to an expedited removal order with 5yr bar or more.

Removing a visa from a passport voids it immedietly per 22 CFR 41.122(a)(2) and (h)(8).

Using a valid visa in an old expired passport along with a valid passport is generally allowed but both passports must state the same nationality for the bearer. So if the India passport is cancelled and has a valid visa it can not be paired with a UK passport for entry.

The OP needs a valid passport so showing up with a corner clipped document is a bad idea. They may not even be allowed to board the aircraft.

People (such as stateless people) who cant get a passport are issued visas on a DS-232. The DS-232 is considered to meet the passport requirement.

If the OP has to change nationalities then he reapplies for a new visa using the exisiting petition.

Chrisdc

I don't think anyone is suggesting traveling with a clipped passport as the sole travel document. Most people seem to be saying that you can travel with a cancelled/clipped passport containing the visa, along with your valid passport.

Lbjen

The best thing to do is ask your employers to talk to their immigration attorneys and have them determine what the best course of action is. If their attorneys tell them that it's best for you to wait a couple of months then they may be more open to it.

crg

He cannot travel with a clipped Indian passport with the visa and a valid UK passport. The visa in the clipped passport is only acceptable if accompanied by a valid Indian passport.

9 FAM 41.112 N6 VISA VALID IN EXPIRED PASSPORT (CT:VISA-1138; 01-06-2009) a. When a passport containing a valid visa expires, the expiration of the passport has no effect on the validity of that visa. The holder, however, shall be informed, at the time of application for admission, of the need for a new or renewed passport. b. The passport should be valid for a minimum period of 6 months from the expiration date of the initial period of admission or contemplated period of stay in the United States. The passport may be either the one in which the visa stamp has been placed, or a new passport. Thus, an alien can present two passports; one which fulfills the visa requirement and the other the passport requirement. The alien's nationality, as indicated in the new passport, must be the same as that shown in the passport bearing the visa foil

Steve_

Well that's the relevant bit, I've never tried that.

But it's not a valid passport, that's the point. He would no longer be an Indian citizen, ergo the passport is no longer valid. And CBP aren't going to enforce foreign laws. And he would have an alternative valid unaltered passport.

But anyway you've answered the question. He'd either have to get it sorted out before travelling (i.e. visa in British passport) or sorted out after entering (i.e. enter on Indian passport then apply for British passport).

I think you mean (e)(8) but that section doesn't say it is voided immediately, it says the immigration officer is authorized to revoke it.

Like I said, I've actually had it happen, I had a visa issued and it wasn't stuck in properly, it peeled back and the next time I entered it had basically come loose with some black fuzz along one edge from sitting in a drawer. The INS guy just looked at it a bit curiously, typed the number off the visa into the entry system and suggested I get it reissued.

Next time I entered, I entered on the VWP because the visa had expired and that INS guy actually found the page where the visa had been and asked what had happened to it.

crg

I was speaking of the Indian government taking umbrage if they discovered that their passport was tampered with when it was turned in. I'm not saying it's likely to be a problem, but in a worst case scenario, it could be.

9 FAM 41.122 N1 says that the consular officer must revoke it. The regs say the visa is toast, and the separate authorization is to allow certain federal officials to physically cancel the document itself. It's not a matter of discretion. Lastly, I did mean (h)(8)

I heard those old blue rubbery visas did fall out quite often.

cynthia786

The passport will be returned to you after being cancelled. The visa in the cancelled passport will remain valid up to its date of expiration. You will need to carry both the Indian (cancelled) and UK passport when traveling to the U.S.

Marocco

This "advice" is better ignored.

cynthia786

I apologize; I inadvertently posted instead of cancelling my earlier message and once posted could not delete. The message is only partially correct. You will get a surrender certificate and your cancelled passport back from the Indian Embassy / High Commission (whichever) with a cancelled stamp on the first page that says "Indian passport cancelled as acquired UK citizenship". You can then go with both passports to the US Embassy and have the visa transferred to the British passport. This is what I was told by the agency that handles Renunciation, OCI and PIO certificates for the Indian Government when we were doing our renunciation.

Harryv

Hi - Did you get the Visa transferred from Indian to UK Passport from US Embassy or did you confirm from US embassy if it can be done??? Because most of the responses here says it can't be done as nationality changes.

This is exactly the same case as of mine...so please respond.

Thanks Harry.