Lina

Hi,

I have several questions, and I will be very grateful if any of you guys
can help me.

I am an international graduate student, and my F-1 visa is valid until
2008. I got the visa and entered the US in 2003, before all additional
security measures (photos and fingerprints) were implemented at
consulates and ports of entry.

I plan on visiting my home country in December 2004 and come back around
New Year's eve. My passport (the visa is in it) expires in January 2005.

My questions are:

1. Can I enter the US using a passport that will expire in about 10 days
after the date of entry and then apply for a new passport through my
home country's embassy here?

2. If I am able to get a new passport while I am in my home country,
will the visa in the old passport still be valid? Can I enter the US
using two passports, the old one with the visa and the new one?

3. As far as I know, the photo and fingerprints at the port of entry
serve to verify whether you are the same person who got the visa in your
home country. Since I was neither photographed nor fingerprinted when I
got my visa (neither when I entered the US in 2003), can this cause a
problem? I've only had my fingerprints taken when I opened my bank
account because of the bank's new customer policy.

I will also be very grateful if you can direct me to relevant
information in any .gov site.


Thank you in advance!
Lina

Joachim Feise

Lina wrote on 8/6/2004 11:59:
    >
    > 1. Can I enter the US using a passport that will expire in about 10 days
    > after the date of entry and then apply for a new passport through my
    > home country's embassy here?

No. Your passport has to be valid for at least 6 months.

    > 2. If I am able to get a new passport while I am in my home country,
    > will the visa in the old passport still be valid? Can I enter the US
    > using two passports, the old one with the visa and the new one?

Yes. People do that all the time.

-Joe

Sphyrapicus

Get a new passport and carry both the old and new with you when you
return to the U.S. and you will be fine.

Originally posted by
Lina
    > Hi,
    >
    > I have several questions, and I will be very
grateful if any of you guys
    > can help me.
    >
    > I am an international
graduate student, and my F-1 visa is valid until
    > 2008. I got the visa
and entered the US in 2003, before all additional
    > security measures
(photos and fingerprints) were implemented at
    > consulates and ports of
entry.
    >
    > I plan on visiting my home country in December 2004 and come
back around
    > New Year's eve. My passport (the visa is in it) expires
in January 2005.
    >
    > My questions are:
    >
    > 1. Can I enter the US using
a passport that will expire in about 10 days
    > after the date of entry
and then apply for a new passport through my
    > home country's embassy
here?
    >
    > 2. If I am able to get a new passport while I am in my home
country,
    > will the visa in the old passport still be valid? Can I
enter the US
    > using two passports, the old one with the visa and the
new one?
    >
    > 3. As far as I know, the photo and fingerprints at the
port of entry
    > serve to verify whether you are the same person who got
the visa in your
    > home country. Since I was neither photographed nor
fingerprinted when I
    > got my visa (neither when I entered the US in
2003), can this cause a
    > problem? I've only had my fingerprints taken
when I opened my bank
    > account because of the bank's new customer
policy.
    >
    > I will also be very grateful if you can direct me to
relevant
    > information in any .gov site.
    >
    >
    > Thank you in advance!

Lina

Crg14624

    >
    > No. Your passport has to be valid for at least 6 months.
    >
    > -Joe

What kind of passport is it? It all depends on the
    > person's citizenship.

The passport has to be valid for at least 6
    > months unless exempt. Certain countries, like the UK, are on a
    > special list and don't need at least six months. A citizen of the UK
    > could enter the US with a passport that indicates an expiration date
    > 10 days from the date of entry.

A citizen of countries that are not
    > on the "Six Month Club" list such as China, Indonesia, Vietnam,
    > Nicaragua (unless they are diplomatic or official), Romania etc would
    > not be admitted with only 10 days left on the passport. If a citizen
    > of China sought entry today with a B2 visa and a passport valid until
    > January 1st, 2005 they would be refused admission. If they had a
    > passport valid until February 10th, 2005 then they could be admitted
    > for 5 days. A student would still be admitted D/S.

So to answer the
    > original questions:

"1. Can I enter the US using a passport that will
    > expire in about 10 days after the date of entry and then apply for a
    > new passport through my home country's embassy here?"

YES, but only
    > if your county is a member of the Six Month Club. Let me know what
    > kind of passport it is and I'll tell you for sure.

"2. If I am able
    > to get a new passport while I am in my home country, will the visa in
    > the old passport still be valid? Can I enter the US using two
    > passports, the old one with the visa and the new one?"

YES

"3. As
    > far as I know, the photo and fingerprints at the port of entry serve
    > to verify whether you are the same person who got the visa in your
    > home country. Since I was neither photographed nor fingerprinted when
    > I got my visa (neither when I entered the US in 2003), can this cause
    > a problem? I've only had my fingerprints taken when I opened my bank
    > account because of the bank's new customer policy."

No problem.

J. J. Farrell

Lina <> wrote in message news:<cf0keg$48s$>...
    >
    > I am an international graduate student, and my F-1 visa is valid until
    > 2008. I got the visa and entered the US in 2003, before all additional
    > security measures (photos and fingerprints) were implemented at
    > consulates and ports of entry.

I'm surprised to hear this - many US visas have had photos for many
years. Fingerprints are new.

    > I plan on visiting my home country in December 2004 and come back around
    > New Year's eve. My passport (the visa is in it) expires in January 2005.
    >
    > My questions are:
    >
    > 1. Can I enter the US using a passport that will expire in about 10 days
    > after the date of entry and then apply for a new passport through my
    > home country's embassy here?

I'm not sure of this. I believe you should be allowed to enter, but
will only be admitted until the expiry of your passport. With this
short a period, they might choose not to admit you at all. Whatever
the actual regulations are, this situation is likely to lead to hassle
at the Port of Entry.

    > 2. If I am able to get a new passport while I am in my home country,
    > will the visa in the old passport still be valid? Can I enter the US
    > using two passports, the old one with the visa and the new one?

Yes. I think this would be the preferred method.

    > 3. As far as I know, the photo and fingerprints at the port of entry
    > serve to verify whether you are the same person who got the visa in your
    > home country. Since I was neither photographed nor fingerprinted when I
    > got my visa (neither when I entered the US in 2003), can this cause a
    > problem?

Anything *can* cause a problem when asking to enter the USA. Remember
that having a valid visa does not guarantee admission. I think it is
unlikely that this will be a problem with such a recently issued visa.
One possibility is that they will admit you this time but cancel your
visa, requiring you to get a new one before the next time you try to
enter the USA.

Joe

My experience for you to share is i'd six months of passport valid when i
enter from my country and i'd valid 2 yrs US visa in my passport.
but the immigration officer stamped me only for six months in my I-94 and
told me to acquire new passport and then leave the country and get a new
valid I-94 until my visa expires. They told me eventhough i've visa for
another 2 yrs but it will always rely on your passport expiration date.

Inother words, Immigration do care about who you are and your fingerprint
and also your valid Visa including valid passport.
if i were you i would never take a risk, its always good to stay in good
position.
i even think they can simply deny for that short period of time.

good luck.


"Lina" <> wrote in message
news:cf0keg$48s$...
    > Hi,
    > I have several questions, and I will be very grateful if any of you guys
    > can help me.
    > I am an international graduate student, and my F-1 visa is valid until
    > 2008. I got the visa and entered the US in 2003, before all additional
    > security measures (photos and fingerprints) were implemented at
    > consulates and ports of entry.
    > I plan on visiting my home country in December 2004 and come back around
    > New Year's eve. My passport (the visa is in it) expires in January 2005.
    > My questions are:
    > 1. Can I enter the US using a passport that will expire in about 10 days
    > after the date of entry and then apply for a new passport through my
    > home country's embassy here?
    > 2. If I am able to get a new passport while I am in my home country,
    > will the visa in the old passport still be valid? Can I enter the US
    > using two passports, the old one with the visa and the new one?
    > 3. As far as I know, the photo and fingerprints at the port of entry
    > serve to verify whether you are the same person who got the visa in your
    > home country. Since I was neither photographed nor fingerprinted when I
    > got my visa (neither when I entered the US in 2003), can this cause a
    > problem? I've only had my fingerprints taken when I opened my bank
    > account because of the bank's new customer policy.
    > I will also be very grateful if you can direct me to relevant
    > information in any .gov site.
    > Thank you in advance!
    > Lina

Crg14624

    > Lina <> wrote in message news:<cf0keg$48s$>...
    > >
    > > I am an international graduate student, and my F-1 visa is valid until
    > > 2008. I got the visa and entered the US in 2003, before all additional
    > > security measures (photos and fingerprints) were implemented at
    > > consulates and ports of entry.
    >
    > I'm surprised to hear this - many US visas have had photos for many
    > years. Fingerprints are new.
    >
    > > I plan on visiting my home country in December 2004 and come back around
    > > New Year's eve. My passport (the visa is in it) expires in January 2005.
    > >
    > > My questions are:
    > >
    > > 1. Can I enter the US using a passport that will expire in about 10 days
    > > after the date of entry and then apply for a new passport through my
    > > home country's embassy here?
    >
    > I'm not sure of this. I believe you should be allowed to enter, but
    > will only be admitted until the expiry of your passport. With this
    > short a period, they might choose not to admit you at all. Whatever
    > the actual regulations are, this situation is likely to lead to hassle
    > at the Port of Entry.
    >
    > > 2. If I am able to get a new passport while I am in my home country,
    > > will the visa in the old passport still be valid? Can I enter the US
    > > using two passports, the old one with the visa and the new one?
    >
    > Yes. I think this would be the preferred method.
    >
    > > 3. As far as I know, the photo and fingerprints at the port of entry
    > > serve to verify whether you are the same person who got the visa in your
    > > home country. Since I was neither photographed nor fingerprinted when I
    > > got my visa (neither when I entered the US in 2003), can this cause a
    > > problem?
    >
    > Anything *can* cause a problem when asking to enter the USA. Remember
    > that having a valid visa does not guarantee admission. I think it is
    > unlikely that this will be a problem with such a recently issued visa.
    > One possibility is that they will admit you this time but cancel your
    > visa, requiring you to get a new one before the next time you try to
    > enter the USA.

"[quote=J. J. Farrell]I'm surprised to hear this - many US visas have had photos for many
years. Fingerprints are new."

---The fingerprints aren't on the visa. They are part of the US VISIT program.

"I'm not sure of this. I believe you should be allowed to enter, but
will only be admitted until the expiry of your passport. With this
short a period, they might choose not to admit you at all. Whatever
the actual regulations are, this situation is likely to lead to hassle
at the Port of Entry."

---This would be true for a B, H, L, E, R visa, but not for an F or a J. They will not be admitted for a short period of time. They will be admitted D/S. Part of the status is contingent on the alien maintaining a valid passport. If her passport is valid at the time of entry, they will admit her D/S and tell her to get her passport renewed before it is expired.

"One possibility is that they will admit you this time but cancel your
visa, requiring you to get a new one before the next time you try to
enter the USA."

---They will not cancel the visa in this situation. They will also not cancel someone's visa and admit them at the same time unless it is one of the old "INDEFINITE" visa stamps which were changed to 10 years plus one visit.

---I don't know where you come up with this stuff, but it has no basis under the law.

J. J. Farrell

"crg14624" <member20421@british_expats.com> wrote in message
news:34$246688$1586380$...
    > "[quote=J. J. Farrell]I'm surprised to hear this - many US visas have had
photos
    > for many years. Fingerprints are new."
    > ---The fingerprints aren't on the visa. They are part of the US VISIT
program.

What about the requirement of Section 303 of the Enhanced Border Security
and Visa Entry Reform Act (Pub. L. 107-173, 116 Stat. 543) that US visas
issued after October 26, 2004, include biometric identifiers? This was the
stated reason for the discontinuance of the service for revalidating visas
within the USA. Many US Consulates are already including biometric versions
of the applicant's fingerprints in the visa. Yes, this is part of US VISIT.

    > "I'm not sure of this. I believe you should be allowed to enter, but
    > will only be admitted until the expiry of your passport. With this
    > short a period, they might choose not to admit you at all. Whatever
    > the actual regulations are, this situation is likely to lead to hassle
    > at the Port of Entry."
    > ---This would be true for a B, H, L, E, R visa, but not for an F or a J.
    > They will not be admitted for a short period of time. They will be
    > admitted D/S. Part of the status is contingent on the alien maintaining
    > a valid passport. If her passport is valid at the time of entry, they
    > will admit her D/S and tell her to get her passport renewed before it
    > is expired.

As I said, I wasn't sure - thanks for the correction. I stand by the
assertion that any even slightly unusual situation is likely to lead to
hassle of some sort at the Port of Entry.

    > "One possibility is that they will admit you this time but cancel your
    > visa, requiring you to get a new one before the next time you try to
    > enter the USA."
    > ---They will not cancel the visa in this situation.

Wild guess, shouldn't have made it. I now can't even see the logic that
led to it.

    > They will also not cancel someone's visa and admit them at the same
    > time unless it is one of the old "INDEFINITE" visa stamps which were
    > changed to 10 years plus one visit.

I know of cases where they've cancelled Green Cards in this way, and
I've a vague memory of hearing of others, which is probably false.

Crg14624

    > "crg14624" <member20421@british_expats.com> wrote in message
    > news:34$246688$1586380$...
    > > "[quote=J. J. Farrell]I'm surprised to hear this - many US visas have had
    > photos
    > > for many years. Fingerprints are new."
    > > ---The fingerprints aren't on the visa. They are part of the US VISIT
    > program.
    >
    > What about the requirement of Section 303 of the Enhanced Border Security
    > and Visa Entry Reform Act (Pub. L. 107-173, 116 Stat. 543) that US visas
    > issued after October 26, 2004, include biometric identifiers? This was the
    > stated reason for the discontinuance of the service for revalidating visas
    > within the USA. Many US Consulates are already including biometric versions
    > of the applicant's fingerprints in the visa. Yes, this is part of US VISIT.
    >
    > > "I'm not sure of this. I believe you should be allowed to enter, but
    > > will only be admitted until the expiry of your passport. With this
    > > short a period, they might choose not to admit you at all. Whatever
    > > the actual regulations are, this situation is likely to lead to hassle
    > > at the Port of Entry."
    > > ---This would be true for a B, H, L, E, R visa, but not for an F or a J.
    > > They will not be admitted for a short period of time. They will be
    > > admitted D/S. Part of the status is contingent on the alien maintaining
    > > a valid passport. If her passport is valid at the time of entry, they
    > > will admit her D/S and tell her to get her passport renewed before it
    > > is expired.
    >
    > As I said, I wasn't sure - thanks for the correction. I stand by the
    > assertion that any even slightly unusual situation is likely to lead to
    > hassle of some sort at the Port of Entry.
    >
    > > "One possibility is that they will admit you this time but cancel your
    > > visa, requiring you to get a new one before the next time you try to
    > > enter the USA."
    > > ---They will not cancel the visa in this situation.
    >
    > Wild guess, shouldn't have made it. I now can't even see the logic that
    > led to it.
    >
    > > They will also not cancel someone's visa and admit them at the same
    > > time unless it is one of the old "INDEFINITE" visa stamps which were
    > > changed to 10 years plus one visit.
    >
    > I know of cases where they've cancelled Green Cards in this way, and
    > I've a vague memory of hearing of others, which is probably false.

They've been known to clip the corner from an old I-151 green card (which was blue with green stripes over the photo I think) but the person still got in. Maybe that's what you were thinking of.

J. J. Farrell

crg14624 <member20421@british_expats.com> wrote in message news:<34$246688$1589133$>...
    > > > They will also not cancel someone's visa and admit them at the same
    > > > time unless it is one of the old "INDEFINITE" visa stamps which were
    > > > changed to 10 years plus one visit.
    > >
    > > I know of cases where they've cancelled Green Cards in this way
    >
    > They've been known to clip the corner from an old I-151 green card
    > (which was blue with green stripes over the photo I think) but the
    > person still got in. Maybe that's what you were thinking of.

This was about 10 years ago, and a classic case of a no-longer-resident
permanent resident. He was making a business trip to the USA and tried
to enter on his Green Card. They determined that he had abandoned his
residency and cancelled his GC. However, they still let him in for his
trip. I don't know on what basis they let him in - perhaps parole or
WB (I don't know if the Visa Waiver program was in place then).