I want to extend my E-2 visa with USCIS and realized my passport is expired. Do I have to have a valid passport when applying for an extension of status with USCIS? Do I have to have a valid passport even if I don’t plan to travel outside the U.S.?

By November 20, 2020E-2 Visa

Example

You entered the U.S. on a B-1 visa back in 2014 and in 2014 you filed a change of status petition with USCIS and you changed your status from B-1 to E-2. Since 2014, you have not left the U.S. and you have been extending your status with USCIS. You now want to file another extension of status petition but you just realized that your passport expired couple weeks ago.

Will this be an issue? Do you have to have a valid passport at the time you will be filing an E-2 extension?

The answer is yes. You have to have a valid passport at the time you will be applying for your extension of status with USCIS, otherwise your E-2 extension of status petition will be denied. You should keep this in mind as it usually takes some time to get the passport renewed and your E-2 extension of status petition has to be received by USCIS before your status expires. For example, if your current status expires on December 1, 2020, then the extension of status petition has to be received by USCIS by December 1, 2020.

Additionally, you also have to maintain a valid passport during your whole stay in the U.S., meaning, that you always have to have a valid passport if you are in the U.S. on a non-immigrant visa status. For example, if USCIS approves your extension of status from December 15, 2020 until December 14, 2022, you have to have a valid passport at all time.

Many people do not realize that they have to have a valid passport during their whole stay in the U.S. especially if they are not planning to leave the U.S. anytime soon. However, immigration regulations specifically state that you have to maintain a valid passport while in the U.S. and if you are not, USCIS may raise this issue and argue that you are not maintaining your status.

Please see our blog post on B-1 visa when you click here.

Please see our blog post on E-2 visa when you click here.

Please see our blog post about E-2 renewal process when you click here.  

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