L2 VISA stamping with passport expiring soon

[neotrinity]

Hi,
I am currently in US on I-94 extension and will be going soon to India to get my passport stamped. (during Feb 2018)
My family is going along with me to get their passport stamped as well.
But my son's passport is going to expire in Sept 2018.
So should I go for VISA stamping with his existing passport or get the new passport and then go for VISA stamping.

Please let me know.

Thanks

[newacct]

Hi,
I am currently in US on I-94 extension and will be going soon to India to get my passport stamped. (during Feb 2018)
My family is going along with me to get their passport stamped as well.
But my son's passport is going to expire in Sept 2018.
So should I go for VISA stamping with his existing passport or get the new passport and then go for VISA stamping.

Please let me know.

Thanks

It's your choice. The visa's validity period won't be affected, and he can use the visa in the old passport with a new passport without getting a new visa. But note that when entering the US, the time he is admitted for on his I-94 will be limited by the expiration date of the passport he uses to enter.

[Libra_14]

his I-94 will be limited by the expiration date of the passport he uses to enter.

I doubt, I've seen people here with expired passports & valid I94. Few people don't even care to renew their passport, until they have to go out of country.

[newacct]

I doubt, I've seen people here with expired passports & valid I94. Few people don't even care to renew their passport, until they have to go out of country.

Then those are I-94s from Change of Status or Extension of Status in the US, not from entry, or they are I-94s for people in F or J status that don't have a date on them.

CBP is required by law to limit the period of admission on the I-94 for someone entering the US to 6 months before the passport expires (or for certain passports, like Indian, to the day the passport expires).

[Libra_14]

Then those are I-94s from Change of Status or Extension of Status in the US, not from entry, or they are I-94s for people in F or J status that don't have a date on them.

CBP is required by law to limit the period of admission on the I-94 for someone entering the US to 6 months before the passport expires (or for certain passports, like Indian, to the day the passport expires).

Yes, Agree. You'll need a passport with more than 6 months of validity at the time of entry.

However an I94 expiry will not be limited by the passport expiry date - you can renew your passport while staying in the USA.

[newacct]

However an I94 expiry will not be limited by the passport expiry date - you can renew your passport while staying in the USA.

No. If they admit you until a specific date on the I-94, CBP is not allowed to admit you until a date that is later than 6 months before the passport expires (or, for certain passports, they cannot admit you until a date that is later than the passport expires).

[Libra_14]

No, here is the example:

My L1A visa expiring May 2021
Petition expiring May 2019
My kid's passport expiring Jun 2018
Kid's I94 expiring May 2019

[newacct]

No, here is the example:

My L1A visa expiring May 2021
Petition expiring May 2019
My kid's passport expiring Jun 2018
Kid's I94 expiring May 2019

Then your kid must have gotten that I-94 from an L-2 Extension of Status, and not from entry. If they got that at entry, CBP made a mistake because they cannot legally admit your kid for that long with that passport.

[Libra_14]

Then your kid must have gotten that I-94 from an L-2 Extension of Status, and not from entry. If they got that at entry, CBP made a mistake because they cannot legally admit your kid for that long with that passport.

I've seen multiple such cases.

But lets cut this discussion.

AMneotrinity, please consult an attorney.