If you have obtained a US visa that is still valid but have a passport that has expired and is no longer current, you may be seeking answers on how your expired passport may affect the validity of your visa. If so, continue reading to discover what it means if your passport has expired but your visa is still active. As you'll gain clarity on whether or not you should attempt to enter the United States if your visa sticker is in your old expired passport or not.

Can You Enter The US With An Expired Passport And A Valid Visa?

No, it doesn't matter if you have a current visa that will allow you to legally enter the United States, if you don't have a current passport, you will not be permitted to enter the country. If you have a visa to visit or reside in the United States and you don't have a current passport, it's in your best interests to apply for a brand new passport, as soon as possible. To make things easier for yourself, just ensure that your new passport is issued by the same country that issued the passport in which your visa stamp or sticker is located inside.

What To Do If You Have A New Passport And Your Visa Is Attached To Your Expired One

You will be able to enter the United States if your current visa is associated with your expired passport and you have obtained a new, current passport. However, there are a few conditions that you will have to meet, in order to be let into the United States. Firstly, you'll need to travel with both of your passports. Your expired passport, which is associated with your current visa, and your new passport, which allows you to legally travel from country to country. Secondly, your visa must be in excellent condition, even if it's located inside of an expired passport.

There are a few further rules that you should be aware of. For example, both of the passports which you plan to travel with, your outdated passport and your current passport, must be issued by the same country and must be the same type of passport. This means that if you are a dual citizen and your US visa is inside an expired passport from one country and your new passport has been issued by a second country, it's highly unlikely that you will be allowed to step foot inside the United States.

Do These Regulations Apply To All Types Of Visa?

Yes, it doesn't matter which type of visa you currently hold. If you're able to meet the conditions which have been specified above, you will still be able to travel to the United States. Despite the fact that your visa is located in a void passport. This is true no matter whether you're looking to stay in the United States on a temporary visa or a permanent visa which is also known as a green card.

Can You Have Trouble When You Check In Your Flight To The United States?

If you're worried that your chosen airline may prohibit you from checking in and boarding your flight to the United States, there's no need to be overly concerned. As airline staff who operate flights to the United States are aware of the regulations surrounding current visas and expired passports. While the customer service agent who checks you into your flight may ask to take a look at your visa as well as both of your passports, they will not prevent you from boarding your flight.

Will Airport Security Check Your Visa And Passports?

Visa And Green Card Inquiries  - Immigration LawyerIt's possible that security staff at various checkpoints in your departure lounge can ask to check the validity of your visa and both of your passports but as long as you have satisfied the requirements listed above, you will have no issues moving through each checkpoint. As their primary concern is just to ensure that you have a valid visa to enter the United States.

Legally speaking, the only reason that you could get into trouble at a checkpoint at the airport, is if your visa stamp or sticker is in poor condition. For example, if your visa sticker or stamp is illegible or torn. So ensure to keep your expired passport safely stored away until the day of your flight. You may even want to go to the effort of housing your expired passport inside a special passport cover, which will give your passport additional protection. You can even purchase waterproof covers for passports that will keep your visa in great condition.

Will You Be Interrogated About Carrying Two Passports At Your Entry?

It's highly unlikely that you will be interrogated about attempting to enter the United States with a valid passport and an expired passport, as the CBP officers who you'll come across are well aware of the regulations surrounding valid visas in expired passports. Remember that you are well within your rights to enter the United States as long as you have a current passport and a current visa and are able to show CBP officers who you come across with both legal documents.

In Conclusion

As long as your old expired passport which contains your visa is in great condition and you have a current passport that was issued by the same country, you will be able to enter the United States. As long as you have both passports on you and your visa is still valid. This is true no matter what type of US visa you plan to use to enter the United States. For example, the regulations which are outlined above apply to B-1 business visas, B-2 tourist visas, student visas, and work visas. If you want to ensure that you'll be able to visit the United States on your valid visa in the near future, you can always get in touch with a reputable, experienced attorney.

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