Passport Expiring Soon... Help!!

[emiswarts]

Hi all!

My husband's passport is due to expire a few weeks after his I-94 expires (in about three months). His actual Visa will still be valid.

We're going to be filing within the month (if things go smooth) and I've heard rumour that expired passports don't matter (especially in a immediate relative case, like ours) but will it raise issues? I read once that not having a passport that is valid for six months or more past your original I-94 exit date is grounds of inadmissabity. Can anyone give some insight to this?

How, and will, his passport being expired affect our case/admissibility/timeline? Please help! We're incredibly nervous about being denied over something like this.

Thanks in advance

[newacct]

Hi all!

My husband's passport is due to expire a few weeks after his I-94 expires (in about three months). His actual Visa will still be valid.

We're going to be filing within the month (if things go smooth) and I've heard rumour that expired passports don't matter (especially in a immediate relative case, like ours) but will it raise issues?

No. Passports don't matter. Some people doing AOS can't even get passports because they are persecuted by their country or are stateless.

The only thing that it may affect is that he'll need an ID to get into the biometrics appointment and interview, if there is one, and most people use a passport. If he has a state driver's license/ID or EAD, then that can also be his ID.

I read once that not having a passport that is valid for six months or more past your original I-94 exit date is grounds of inadmissabity. Can anyone give some insight to this?

For nonimmigrants (not immigrants), there is such an inadmissibility. All that means is that CBP officer is not allowed to put a date on the I-94 that is later than 6 months before the passport expires. But some countries' passports only need to be valid until the end of the stay, which means the CBP officer is not allowed to put a date on the I-94 that is later than the passport expiry. The fact that the date on his I-94 is only 3 months before his passport expires, almost certainly means that his passport country is on the six-month club; but even if it isn't (and the CBP made a mistake), it wouldn't have any relevance for his AOS; he is not required to have been admissible when he entered.

How, and will, his passport being expired affect our case/admissibility/timeline? Please help! We're incredibly nervous about being denied over something like this.

It doesn't.

[emiswarts]

No. Passports don't matter. Some people doing AOS can't even get passports because they are persecuted by their country or are stateless.

The only thing that it may affect is that he'll need an ID to get into the biometrics appointment and interview, if there is one, and most people use a passport. If he has a state driver's license/ID or EAD, then that can also be his ID.


For nonimmigrants (not immigrants), there is such an inadmissibility. All that means is that CBP officer is not allowed to put a date on the I-94 that is later than 6 months before the passport expires. But some countries' passports only need to be valid until the end of the stay, which means the CBP officer is not allowed to put a date on the I-94 that is later than the passport expiry. The fact that the date on his I-94 is only 3 months before his passport expires, almost certainly means that his passport country is on the six-month club; but even if it isn't (and the CBP made a mistake), it wouldn't have any relevance for his AOS; he is not required to have been admissible when he entered.


It doesn't.

He is from Venezuela and yes, he was admitted for a six month stay, and I do believe he's on the six month list and (bc of the current situation in Venezuela) he cannot get a new passport or renew or extend it. and if I'm hearing you correctly; this means he IS admissable to adjust his status despite this passport situation, and we should NOT have to worry about filing any waivers of inadmissabity. (?)