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How can I enter the U.S. with an expiring passport and a valid advance parole?

I am a Japanese EB-5 investor with a pending I-485. I have an advance parole permit that is valid until May of 2019. I am currently in Japan and plan to return to the U.S. on Jan. 2. However, my passport will expire on Jan. 13. I plan to renew my passport at the Japanese consulate after I return to the US. In my case, what would be the validity date on my I-94? Will it be the expiration date of my passport or that of my advance parole?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    It is advisable to have a valid passport when entering the U.S. even though you have a valid advance parole to enter the U.S.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You can enter the U.S. with the current expiring passport and your valid advance parole. The I-94 is issued on the date of entry even though it will have an expiration date tied to the current advance parole permit that is clearly beyond the expiration date of the passport. Advisably, get your passport renewed ASAP upon arrival.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    As a general rule, passports must be valid for six months beyond the date the traveler will exit the U.S. However, the U.S. has signed agreements with a number of countries including Japan that waive this. However, you may have a problem boarding the plane and I, therefore, recommend you get an extension in Japan before you seek to enter.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    My recommendation is that if you could get a new passport, you should do so just to be on the safe side. If, for some reason, you cannot and need to enter the U.S. with your valid soon-to-expire passport and advanced parole, you should be fine.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    USCIS requires you to have a valid passport for travel, but I do not think they will tie your new I-94 to your passport validity dates. You will just be responsible for getting yourself a new passport.

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    Charles Foster

    Immigration Attorney
    Answered on

    With a valid U.S. advance parole, you should be admissible within the U.S. upon presenting same. Likewise, with a valid passport, you should be able to board the airplane. Technically you are supposed to have a passport that will not expire within six months, but given the fact that you are an applicant for permanent residency and you will be paroled in the U.S., you should still be admissible. You will be admissible for the validity period of your advance parole.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    I would advise you to get a new passport before you enter. However, if you do not, it is likely that they may only stamp you until your passport is valid only.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    As long as the passport and advance parole are valid/unexpired on the date of entry (as is the case for you), you are fine to re-enter using that passport, and you will be admitted for a year from date of entry (not to the validity date of the advance parole or passport).

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It should be the expiration date of your advance parole.

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