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Guillermo J. Senmartin, Esq., Immigration Lawyer
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Expired Passport & Passport Expiry Rules

Many arrangements, whether travel-related or applying for a visa, are done based on the validity of your passport. Expiry of a passport can influence the outcome in some cases and may have no effect in other cases. Being aware of the expiry date on your passport and being prepared to renew or know the consequences of the expiry may help you avoid unnecessarily difficult situations in your travels and immigration status. Below are common questions about passport expiry rules, answered by Immigration Lawyers.

Is travel to the U.S. possible with an expired passport?

Case Details: My Form I-94 and passport have expired. What if I am already in the US and my passport expires? Am I allowed to leave the U.S.?

In order to enter the United States you need to own a passport which is valid for at least the subsequent six months from the date of travel. It is far easier to leave, than it is to enter the U.S. You can produce a Form I-94 that has expired and in most cases you will be allowed to leave without any hassles. It is better to retain the evidence that you have left the country. Do keep in mind that if you overstay the allowed duration stated on your I-94 for between 180 and 364 days, you face a three year ban from entering the U.S. If you overstay for over a year, you face a ten year bar from entering the U.S.

Can I travel using my Green Card if my passport has expired?

If you have an expired passport from your home country, you need to renew it and use that passport to re-enter the U.S. Re-entry to the U.S. is granted based on the Green Card. If for some reason you are unable to renew the expired passport from your home country you could apply for Form I-131 from the U.S. in place of a passport. This form can be used as a sort of “travel permit”. After applying you would receive summons for fingerprinting. Once the process is complete, after a couple of days, you would receive the travel document. More information is available on the following link: http://www.uscis.gov/files/form/i-131instr.pdf

Can I be deported by my consulate when they process my expired passport for renewal if I am in the U.S. illegally?

This would be unlikely. The consulate of a country may not even report citizens to the U.S. immigration authorities. The consulate's main objective is usually the protection and interests of their citizens and they do not have any influence on or authority to enforce U.S. immigration laws.

If my U.S. passport has expired, can I travel to the U.S. and renew it?

Case Details: I have a warrant for failure to appear (FTA) dated from a few years ago.

There is a possibility the U.S. Embassy would renew your passport if they intend for to you return to the U.S., but they may refrain from issuing a new passport required for international travel if they are aware of your pending bench warrant. There is also a possibility the U.S. embassy may choose to not renew the expired passport or issue a new one under any circumstances because of the pending bench warrant. Most likely the U.S. embassy would ask you to surrender your expired passport upon knowledge of this information.

Can I leave the U.S. in order to obtain a new passport from my home country and return?

The airline companies may not allow you to travel internationally with an expired passport. If the government is unable to provide you with a renewed passport while you are in the U.S., you could apply for a travel document from the U.S. using Form I-131.

A valid passport is one of the most important proofs of identification for a citizen or foreigner in any country. Ensuring the validity of the passport is crucial. Expired passports can be renewed or replaced by following the policies and procedures of the country that has issued the passport. Doing so proactively should reduce the risks or chances of inconvenience or denial when you need to travel or apply for a change in visa status.

If you are not sure of the process or the best course of action in your particular situation, it is best to ask an Immigration Law expert to evaluate the particulars of your case and provide legal insights.

Ask an Immigration Lawyer

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: General
Satisfied Customers: 34505
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
characters left:
2 Immigration Lawyers are Online Now

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