As per US Department of state, the rule is very straightforward : You can enter US using the valid US visa on an expired passport, if you meet the below conditions. You need to have a valid passport, in addition to the expired passport. The issuing country of the current valid passport should be same as the expired passport.
Can I use my expired passport if I have a visa?
You must have a valid passport to re-enter the United States. If your expired passport has a valid visa, you may still use it if you kept the old passport. Present both the old and new passports when you re-enter the United States. What if my M-1 student visa has expired?
Can I stay in the US with an expired student visa?
Expired Study Permit Technically you can stay in the United States on an expired study visa as long as you maintain your student status. However, if you are returning home or traveling to a country where automatic revalidation does not apply, you must have a valid visa to return to the United States.
Why does my visa have an expiration date on it?
Additionally, the visa expiration date shown on your visa does not reflect how long you are authorized to stay within the United States. Entry and the length of authorized stay within the United States are determined by the Customs and Border Protection (CBP) Officer at the port-of-entry each time you travel.
Can I stay in the US with an expired F-1 visa?
Yes, as long as you are maintaining your status, you may legally remain in the United States with an expired F-1 or M-1 visa. Can I renew my student visa while in the United States?
What happens if you travel with an expired visa?
If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled, as explained above.
Can I travel within the U.S. if I overstayed my visa?
The answer to your question is Yes. You can travel on domestic and the risk is very little although present. Depending on which state you are traveling to and from, you could be at a higher risk of removal.
How long can I stay in U.S. if my visa expires?
If you have overstayed your stay for less than 180 days, you will not trigger any bars to re-entry. Although when/if you try to re-enter the United States the border officer will be able to see that you overstayed your permitted time on your previous stay and could deny entry.
Where can you travel with expired U.S. visa?
If you have an expired visa and a terminated record, SEVP advises you not to travel outside the United States until your SEVIS record shows that you are in Active status. If you do travel, you may not be able to renew your visa or return to the United States.
Can you fly within the US without a visa?
Currently, there are no states that require passports from US citizens to fly within the country. The airline or TSA should not ask you to submit a valid passport. However, it is advisable to carry it by hand as an additional identification in case you do not have other forms of identification.
How does the US know if you overstay your visa?
Travel Records It's pretty easy for foreigners in the U.S. to know if they've overstayed their visas. All they need to do is look at their I-94 arrival and departure cards, which clearly state how long they can stay.
Is there a grace period for expired visa?
The maximum duration of the grace period is 60 days or the expiration date of the underlying approval notice, whichever is shorter. This grace period is discretionary; USCIS is not required to grant it.
Will I be deported if my visa expires?
If you remain in the United States past the expiration date of your issued Form I-94, this is what's known as overstaying your visa. The consequence of doing so can be pretty serious including facing deportation and being barred from returning to the United States.
What is the penalty for overstaying in US on a visa?
a. The Three Year Bar: Persons who overstay in USA for more than 180 days but less than one year after their authorized period of stay has expired, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for three years from their date of departure.
What is the five month rule?
The five month rule refers to the termination of a student's record in the Student and Exchange Visitor Information System (SEVIS) based on the student being away from classes or not in status for five months.
Can you stay in U.S. while change of status pending?
The application process for a Change of Status (COS) will allow you to remain in the US while the decision is pending, provided the application is filed in a timely manner with US Citizenship and Immigration Services (USCIS).
How soon can I renew my U.S. visa before it expires?
Do I need to apply for a new visa after my current visa expires or can I apply in advance? You do not have to wait until your current visa expires. You can apply for a new visa even if your current visa is valid.
How can overstay be forgiven?
A visa overstay adjustment of status decision is pending. This means that, if you are applying for an adjustment of status (i.e. to a green card) during your overstay, you will be forgiven.
What is the penalty for overstaying in US on a visa?
a. The Three Year Bar: Persons who overstay in USA for more than 180 days but less than one year after their authorized period of stay has expired, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for three years from their date of departure.
What can I do if I overstayed my visa?
If you entered the United States legally and overstayed your visa, and your green card sponsor is a U.S. citizen, you can apply for Advance Parole. You'll be able to go abroad and return to the United States without facing re-entry bars.
What happens if I overstay my 90 days in USA?
Cases of overstaying a period of stay in the U.S. by 180 or more days but less than one year are punishable by prohibition of travel to the U.S. for three years. Overstaying for one year or longer is punishable by prohibition of travel to the U.S. for 10 years.
What is the expiration date of a visa?
The visa expiration date is shown on the visa along with the visa issuance date. The time between visa issuance and expiration date is called your visa validity. The visa validity is the length of time you are permitted to travel to a port-of-entry in the United States.
How many entries can a visa be issued from?
Depending on your nationality, visas can be issued from a single entry (application) up to multiple/unlimited entries.
What if I Decide to Stay Longer and am Out-of-Status with the Department of Homeland Security?
You should carefully consider the dates of your authorized stay and make sure you are following the procedures. Failure to do so will cause you to be out-of-status.
What happens if you stay out of status?
Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the United States, is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the United States.
Does a visa expire?
Please be aware, a visa does not guarantee entry to the United States. Additionally, the visa expiration date shown on your visa does not reflect how long you are authorized to stay within the United States. Entry and the length of authorized stay within the United States are determined by the Customs and Border Protection (CBP) ...
Can a visa be cancelled if you overstay?
It is important to note that there are circumstances which can serve to void or cancel the period of visa validity. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will automatically void or cancel unless;
What does the expiration date on a visa mean?
The expiration date of the US visa indicates the last date of entry within the United States. You can enter even on the last day of visa expiry. I am happy to share an interesting incident related to this.
What is the time between a visa issuance and expiration date?
The time between visa issuance and expiration date is called your visa validity. The visa validity is the length of time you are permitted to travel to a port-of-entry in the United States.
How long can I stay in the USA on a B1 visa?
If you are on B1 visitor visa, then visa may valid for 10 years means next 10 years you are eligible to enter USA but at a time you can stay only 6 month and that 6 month depends on i94 date of expiration. Can i stay more than 6 month in USA? May be!! You can apply to stay and USCIS will decide.
How long does a visa last?
Theoretical you can enter to the last day on your visa, but then need to leave immediately after, it is usually recommended to any kind of visa or passport to be valid for than six months and have at least 2 clear pages, however like many here will say, it is up to the Officer at entry point to decide if let you enter on the country and for how long, having a visa does not guaranty enter the country you intended to visit, in your case the USA, I would try to renew the visa before expires. Enjoy your trip, I am not an Immigration attorney, nor a lawyer, so consult one if you want to 100% sure
How long is a B2 visa valid?
It seems it needs to be valid for the whole length of stay within US, as the status (in the case of B2-tourism) is valid till the expiration of the passport.
How long do you have to stay in the US after your status expires?
You may have a grace period to accomplish this, which will vary based on what kind of status you hold. If you remain in the U.S. for a period of at least 180 days, but less than a year, after your grace period has expired, you will be subject to a 3-year bar before you can enter the U.S. again. If you remain in the U.S. without status for a year or more, you will be subject to a 10-year bar.
Can a company hire an employee overseas?
A company based in the U.S. will have a few options in front of them when deciding to hire an employee overseas. The first option is to set up a foreign entity in that specific cou(Continue reading)
Is automatic revalidation the same as applying for a new visa?
Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa you cannot take advantage of automatic revalidation.
Do I need a paper I-94 to reapply for a visa?
This webpage explains which travelers must reapply and be reissued visas when their existing visas have expired, even if they are in possession of valid admission stamp or paper Form I-94, in order to gain admission to reenter the United States.
Do I need to reapply for an expired visa?
Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid admission stamp or paper Form I-94, because automatic revalidation applies to limited categories of travelers. Refer to the Automatic Revalidation Fact Sheet on the CBP website. The following temporary visitors whose nonimmigrant visas have expired, but who have a valid admission stamp or paper Form I-94, must reapply for and be issued nonimmigrant visas prior to their reentry to the United States, if one or more of the following situations exists (this is not a complete listing):
What if I have an expired passport or one that will expire in less than six months?
You must renew your passport before you re-enter the United States. Usually, to enter the United States, you must have a passport that is valid for at least six months after the date you enter or re-enter.
What if my F-1 student visa has expired?
You can stay in the United States on an expired F-1 visa as long as you maintain your student status. However, if you are returning home or traveling to a country where automatic revalidation does not apply, you must have a valid visa to return to the United States.
Do dependents have to travel with the primary?
No . However, your primary must be maintaining status. Consult the DSO from your primary’s school to ensure your primary is in status before traveling. You will need a valid passport. See Re-entry for F-1 Non-immigrants Travelling Outside the United States for Five Months or Fewer above
Are there any other requirements for dependents to travel outside the United States?
However, if you are not returning to your country of citizenship, you should check the requirements of the country you are visiting . Some countries will require a visa. You may also need a visa for countries where you are making a connecting flight. Be sure to check before you travel.
Do M-2 nonimmigrants have to travel with the primary (M-1)?
No. However, you must be able to show that your primary (M-1) has been admit ted and has maintain ed student status. We recommend that you consult with the DSO from your primary’s school to ensure the M-1 is in status before traveling. You will need the documents, which are listed in the “What documents do the spouse and minor children of a continuing M-1 student need to reenter to the United States after traveling abroad?” FAQ.
Do I need a valid visa to visit Puerto Rico, or the U.S. Virgin Islands, or the Northern Mariana Islands?
No, unless your travel plans include entry to any other country en route to these U.S. territories. You will need a valid Form I-20 and a valid unexpired Form I-94. Be sure that you do not have a terminated SEVIS record indicating that you are out of status.
Can I re-establish F-1 student status by obtaining a new initial Form I-20 and reentering the United States?
Yes. However, you will be considered an initial student for SEVIS purposes. You will have to pay the I-901 SEVIS fee again and you will lose any time that you have accrued toward qualification for training (OPT) or employment.
What is the official rule by US Dept of State for valid US Visa in Expired passports ?
As per US Department of state, the rule is very straightforward : You can enter US using the valid US visa on an expired passport, if you meet the below conditions.
Do you need a visa for an expired passport?
Your visa has to be valid on the old passport that expired. It has to meet the purpose of the travel.
Does Airlines Travel Desk issuing Boarding Pass check Passports ?
Yes, the airlines travel desk person at the airport in your home country, who issues your boarding pass, or the security officer at the travel desk issuing boarding passes will check your US Visa validity and also passports. They will verify that you have both valid visa and valid passport and if you are carrying both passports. This is a pre-check before boarding flight to travel to the US.
Is a passport the same as an expired passport?
The issuing country of the current valid passport should be same as the expired passport.
Can a CBP officer ask about an expired passport?
Usually the CBP officers ask questions regarding your travel and other general stuff. They may or may not ask about your expired passport having valid visa.
Have two new Passports since Old passport with valid US Visa – Can I still use ?
Yes, your valid visa in old passport that was given before stands valid. It does not matter how many new passport you have got after the old passport expired. The key thing to remember is that you have valid visa in passport. Personally, I had my valid B1/B2 visa was on my old expired passport and I had two new passports that I got as I exhausted pages. When I entered US at Port of entry, I was able to successfully clear immigration and customs by showing valid visa in my both old passport and the current valid passport. In a nutshell, the number of passports between your old passport with US visa and your current new passport does not matter.
What happens if your visa expires?
Whether you are on a visitor visa, study permit, or work permit, an expired visa is something to take seriously as it could lead to serious problems and possible deportation.
How long do you have to renew your work permit before it expires?
If you have a work permit that expires, you should always apply for an extension of your work permit at least 90 days before it expires. This is because immigration may take a long time to renew it. It is very important to stay on top of your study permit expiration as it could also cause problems for you and your place of employment.
What happens if you stay out of status?
Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the United States, is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the United States.
Do visas expire?
The status does not end when the visa expires. However, you will require a valid visa anytime you seek entry into the U.S. If your visa expires and you are traveling internationally, you will need to get a new visa or else you will not be able to return to the U.S.
