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URGENT - Tourist visa in expired passport from previous nationality

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Filed: AOS (pnd) Country: Mexico
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Hello everyone, long time no see here. My dad wants to come to the US to visit us for the Holidays but his visa is in his expired Peruvian passport. He is now naturalized Mexican and that Mexican passport is still valid. The visa expires Nov 2025, so it is still valid (yet in his expired Peruvian passport). No one can tell us for certain if he would have problems getting inside the country. He is 79 years old I would hate for him to have trouble.

 

We thought about trying an emergency visa renovation and while filling out the forms we realized he had already traveled with this complex situation with one small difference, when he traveled in 2019  his visa was in a expired Peruvian passport, BUT he had a valid peruvian passport, AND his new mexican passport. I assume he entered as a Mexican citizen becuase the stamps for that trip are in the Mexican passport.

 

Wat do you think? Does he need a new visa? Did he get in without problem because the immigration person was kind? we have no idea what to do... and renovating/getting a new visa at this point seem impossible.

 

Thanks!

2010 - We met at work while I was doing my OPT

Jan 2011 - We started dating!

March 2011 - I went back to Mexico becuse my OPT had ended

Apr 2011 - He comes to Mexico to visit me & meets my parents

May 2011 - I come back to the US with a TN-1 visa

March 10, 2012 - We got married!!! Civil ceremony with a few friends and family

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May 24, 2013 - We receive letter with Interview Date for June 24th.

June 12, 2013 - Status on USCIS website for I-765 changes to Card Production

June 20, 2013 - I got my Work Authorization card!

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June 27, 2013 - USCIS website says my GC is in Production. yay!

July 1st, 2013 - Got my Green Card in the mail!

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*** Topic moved from AOS forum to Tourist Visa forum as the question is about a US tourist visa ***
 

Here is what the US Department of State is saying regarding a valid tourist visa in an expired passport:

 

If your visa is still valid you can travel to the United States with your two passports, as long as the visa is valid, not damaged, and is the appropriate type of visa required for your principal purpose of travel. (Example: tourist visa, when your principal purpose of travel is tourism). Both passports (the valid and the expired one with the visa) should be from the same country. When you arrive at the U.S. port-of-entry (POE, generally an airport or land border) the Customs and Border Protection Immigration Officer will check your visa in the old passport and if s/he decides to admit you into the United States they will stamp your new passport with an admission stamp along with the annotation "VIOPP" (visa in other passport). Do not try to remove the visa from your old passport and stick it into the new valid passport. If you do so, your visa will no longer be valid.”

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/frequently-asked-questions/about-basics.html

 

Last time, even though he was admitted as a citizen of Mexico as you say, he had a valid Peruvian passport too. I think that was what led to him being admitted to the US.

 

 

 

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Filed: K-1 Visa Country: Wales
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Renew his Peru Passport.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Russia
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1 hour ago, cbunny said:

his visa was in a expired Peruvian passport, BUT he had a valid peruvian passport

Agree with the others: renew the Peruvian passport and there should be no issues. Take advantage of the valid US visa while you can.

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