Visa-Faq.com

what happens to visa if passport expires

by Judy Langworth Published 1 year ago Updated 1 year ago
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If a U.S. visa has been issued on a passport that has expired, you should carry both your new passport and the expired passport containing your valid visa. There is no need to re-apply for a new visa unless the visa term has itself expired.May 5, 2022

Full Answer

How long is a passport good after expiration date?

You can renew your passport at any time while your passport is still good or up to five years after it expires. If you wait longer than five years after the expiration, then you will need to apply for a new passport just as if it were your first time getting one. The easiest way to renew your passport is by mail.

Can you travel with a soon to expire passport?

You shouldn’t travel with a passport that will expire during your trip or shortly after your planned return. To avoid problems while travelling, you should get a new passport before leaving if your passport could expire around or during your travels.

Can You Fly with an expired passport?

You can fly domestically with an expired passport that has expired within the last year. If you don’t have any valid form of official ID you might still be able to travel domestically. Take everything you’ve got to airport and try to pass the ID test. You cannot under normal circumstances travel internationally with an expired passport.

How long does it take to renew a passport?

How long does it take to renew a passport is about 4 to 6 weeks. If your name has changed since your last passport application, you’ll need a certified copy of the marriage certificate, divorce decree or other court document showing your old and new names. Where to Apply for a Passport Renewal

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Can a CBP officer interrogate you about your passport?

It is not usual for CBP officers to interrogate you about the validity of your visa on your expired passport because officers should be aware of the laws regulating this kind of situation.

Will airlines issuing boarding passes at travel desks check this?

Yes, airlines should be aware of this rule and will check to see if you have permission to travel to the US. When you are at the airport in your home country, usually the airline receptionist issuing your boarding pass, or the security officer at the respective checkpoints, will ensure the US Visa on your expired passport is still valid. You will be screened before entering the US for these documents.

Is there any reason to be worried about traveling to the US with a valid visa on an expired passport?

There shouldn’t be any reason to worry about this if you have made sure that your US visa is valid and that it is inside an expired passport in good condition. You must also make sure the passports are of the same passport types. If you are unsure of this, ask your countries government whether or not the two passports you hold are of the same passport type.

Will the CBP Officer at the Port of Entry ask questions about the valid visa on your expired passport?

It is not usual for CBP officers to interrogate you about the validity of your visa on your expired passport because officers should be aware of the laws regulating this kind of situation.

What is a visa?

Information about U.S. Visas: A visa gives you the right to travel to the U.S., there are several types of visas depending on the purpose or type of travel. In general visas are divided in two main groups: immigrant visas and non-immigrant visas.

What is the expiration date on an I-94?

when traveling with the visa. The date in the form I-94 tells you for how long can you stay in the U.S. on each trip.

Can a visa be transferred from one passport to another?

A common question that several travelers have is if a valid visa can be transferred from one passport to another passport? there are many cases where a passport will expire in a short time or already expired, but the visitor visa on such passport will be valid for a longer time than the passport.

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.

What does "VIOPP" mean on a passport?

The would put in a stamp your new passport indicating your entry and visa type that you are entering US and write annotation VIOPP, which means Visa in other passport.

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.

Does the CBP officer at US Port of Entry ask any questions ?

They will capture your current passport details as well. They may or may not ask any questions on why you got new passport. The would put in a stamp your new passport indicating your entry and visa type that you are entering US and write annotation VIOPP, which means Visa in other passport.

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.

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.

How Does Passport Expiration Date Affect Visa Entry or Extension of Status?

The winter holidays, together with the summer vacation season, create a steady flow of inquiries and consultations from our clients regarding travel and passport expiration dates. Most often the question is, What should be the duration of the passport for purposes of entering the U.S.?

How long is a passport valid for?

As an initial matter, the Customs and Border Protection (“CBP”) requires that passports be valid for six months beyond the date the traveler will exit the U.S. , however, the U.S. has signed agreements with a number of countries to waive this requirement . When such an agreement is in place, the passport must be valid for the entire period of the visitor’s intended stay, but the additional six month validity period is not required.

What to do if I-94 expires?

The Form I-94 expiration date is extremely important and it should be checked upon every entry into the U.S. and, ideally, while at the CBP agent station. If you feel that you have not been issued a Form I-94 with a correct date, ask the CBP agent or ask to speak with a supervisor. Foreign nationals should not assume that because they are entering on a visa and pursuant to a I-797 petition approval which has a certain expiration date, that the authorized period of stay in the U.S. on Form I-94 would be the same.

Does the I-94 expire before the passport expires?

As discussed above, where the passport expiration date is before the petition (Form I-797) expiration date, CBP should issue Form I-94 with expiration date equal to the passport expiration. As a result, the foreign national is allowed to remain in the U.S. for a period which is shorter than the period they (and their employer) expected. In such cases, it is important to understand the options for obtaining a Form I-94 with expiration date equal to the petition expiration.

Does CBP ignore passport expiration dates?

However, CBP is inconsistent in the application in this rule and they often disregard the earlier passport expiration date. This, unfortunately, creates confusion among many travelers who seem to get arbitrary Form I-94 expiration dates during different travels.

Does an H-1B expire?

The question then arises for travelers who are in the U.S. pursuant to a petition with a certain expiration date, such as H-1B, L-1, etc. For example, H-1B petitions are normally issued with a validity of three (3) years and when an H-1B worker travels to the U.S., he or she would expect that upon entering the U.S., the CBP agent would provide a Form I-94 with expiration date equal to the H-1B expiration date plus ten (10) days. However, if the passport has an expiration date which is before the H-1B petition expiration date, CBP will normally issue a Form I-94 card with expiration date equal to the passport expiration.

Can I get a correction before the I-94 expires?

It is very important to understand that any corrections of Form I-94 card, extensions of status applications or travel abroad be attempted before the Form I-94 expiration date, as issued and determined by CBP . Overstay of the Form I-94 expiration date starts the period of unlawful presence which has severe consequences.

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.

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.

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.

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 is a port of entry?

The port-of-entry can be an airport, a seaport or a land border crossing. At the port-of-entry, a U.S. immigration officer of the Department of Homeland Security (DHS) decides whether to allow you to enter and how long you can stay for any particular visit, as part of the Admission process.

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 happens if I lose my passport?

If your passport with your admission stamp or paper Form I-94 are lost or stolen, you must get them replaced immediately. There are a number of steps you need to take, learn more, see Lost and Stolen Passports, Visas, and Form I-94s.

How long does it take to get a visa if it is refused?

The duration of the administrative processing will vary based on the individual circumstances of each case. Except in cases of emergency travel (i.e. serious illnesses, injuries, or deaths in your immediate family), before making inquiries about status of administrative processing, applicants should wait at least 180 days from the date of interview or submission of supplemental documents, whichever is later. Learn more.

What is an indefinite visa?

Indefinite validity visas (Burroughs Visas) are tourist/business visas manually stamped into a traveler’s passport which were valid for ten years. Effective April 1, 2004, all indefinite validity Burroughs visas became void. Therefore, if you have an indefinite validity visa you must apply for a new visa for travel to the U.S.

Where to reapply for a visa if it has been damaged?

If your visa has been damaged in any way, you will need to reapply for a new visa at a U.S. Embassy or Consulate abroad.

What to do if your name has been changed?

If your name has legally changed through marriage, divorce, or a court ordered name change, you will need to obtain a new passport. Once you have a new passport, the Department of State recommends that you apply for a new U.S. visa to make it easier for you to travel to and from the United States. I changed my name.

When did the Department of State update its immigrant visa application forms?

On May 31, 2019, the Department of State updated its immigrant and nonimmigrant visa application forms to request additional information, including social media identifiers, from most U.S. visa applicants worldwide. Please see our Frequently Asked Questions.

Can a foreigner enter the US with a visa?

A visa does not guarantee entry into the United States, but allows a foreign citizen coming from abroad, to travel to the United States port-of entry (generally an airport or land border) and request permission to enter the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States, and determine how long a traveler may stay. At the port of entry, upon granting entry to the United States, the Department of Homeland Security, U.S. immigration inspector, provides you an admission stamp or paper Form I-94, Arrival/Departure Record in your passport. On this admission stamp or paper form, the U.S. immigration inspector records either a date or "D/S" (duration of status). If your I-94 contains a specific date, then that is the date by which you must leave the United States. Your admission stamp or paper Form I-94 is very important to keep in your passport, since it shows your permission to be in the United States. Review information about Admission on the CBP Website. Also, see Duration of Stay.

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