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My hubby has a valid passport but recently expired visa, can…

My hubby has a...

My hubby has a valid passport but recently expired visa, can he still travel within the US

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

We meet with out lawyer to start the process on Monday

Lawyer's Assistant: Has anything been filed or reported?

No

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Answered in 2 minutes by:
3/14/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,415
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

What is his current legal status in the U.S.?

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Customer reply replied 4 months ago
We are married, he came here as a student , his passport is valid but his visa expired 12/22/17
Customer reply replied 4 months ago
F1
Customer reply replied 4 months ago
But it expired 12/22/17

You are a U.S. Citizen?

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And is he still in legal status? Also, why can't he renew his passport at his country's embassy or consulate in the U.S.?

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Customer reply replied 4 months ago
i am an US citizen
His passport is valid but the visa has expired,,
We just want to know if we are safe to travel within the US

If his status is expired, the safest way for a person out of status to travel is by air domestically. TSA is generally interested in just checking to see that the person that purchased the ticket is the person passing through the gate, so they will just check his passport as an ID and it won't really matter that it is expired.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 4 months ago
just to recap,
His passport will be used as an ID only, no concern regarding his visa.

Correct. While there is never a 100% guarantee that he won't have an issue, this type of travel is the safest for him. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,415
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
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Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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