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Is Passport expiration considered for B2 length of Stay?

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  • Is Passport expiration considered for B2 length of Stay?

    Hello,

    Thanks for taking the time to help. My parents have a Visitors/B2 visa ending in 2028. However, their passports expire in June 2023. Presently they are in Hyderabad, India and are planning to come to San Francisco in March 2023. If they enter US, say in March 2023, would they be granted to stay the approximate 6 months ending sometime in September even though their passports expire in June 2023?

    I am wondering if it is safe to remotely help them renew passports soon, in January or so in Hyderabad, or is it simpler to do the renewals from San Francisco after they arrive. Thought someone here might have experienced this before. Thanks again!

  • #2
    Their I-94 expiration that they get at entry will be limited to no later than their passport expiration. i.e. They will be admitted until no later than June 2023.

    If they renew their passport before they come to the US, they can use the visa in old passport plus the new passport, and they will get the normal period of B2 admission (usually 6 months), without needing to get a new visa in their new passport.

    If they come to the US without renewing their passport, and are admitted until June 2023 and wish to stay for longer, they can apply for Extension of Stay in the US. This costs a few hundred dollars.

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

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    • #3
      Thank you for your clear and comprehensive response. Appreciate it!

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      • #4
        Originally posted by newacct View Post
        If they come to the US without renewing their passport, and are admitted until June 2023 and wish to stay for longer, they can apply for Extension of Stay in the US. This costs a few hundred dollars.
        Along with Extension of Stay, they will need to renew their passport in USA, to be able to travel back to India.
        - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

        If my opinion helping you, then please do click "like" button below.

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        • #5
          Is it difficult to Extension of Stay in the US?
          Last edited by jerseykilt; 12-05-2022, 09:08 PM.

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          • #6
            Originally posted by jerseykilt View Post
            Is it difficult to Extension of Stay in the US?
            No, not at all. First passport renewal, then filing of EOS before I94 expiry.
            - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

            If my opinion helping you, then please do click "like" button below.

            Comment

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