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H4 passport expiring in 2 days can he travel to US

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  • H4 passport expiring in 2 days can he travel to US

    Hi all,

    My son (age 7) his Indian passport expiry date is May 1 2017, and he is travelling to US on Apr 27 2017, just 3 days before expiry date. His H4 visa is till Nov 2017.
    Please some one suggest will he face any issues in immigration, expert advice is needed at the earliest and thank in Advance.


    Thanks,
    Jai

  • #2
    One big problem would be the I94. The I94 date would coincide with the passport expiry date in this case, which means, his stay would be legal only for 3 days. Since you cannot renew the passport, and then renew the I94 in this time, there is no point in travelling to the US. Recommend that you renew his passport prior to travel to the US. I94 is what determines the duration of legal stay in the US. Visa is merely for entry into the US.
    Just an opinion; Not legal advice.

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    • #3
      Even if you file the I-539 for extension of stay the moment he lands (so you can get his I-94 online) via the fastest overnight mail service, it's still hard to say whether it can be officially received by May 1 (2 business days after he arrives).

      This is my personal opinion and is not to be construed as legal advice.

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