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Passport expires before I-797

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  • Passport expires before I-797

    Hi Everyone,

    I’m travelling back to the US tomorrow. My current passport expires in July 2026 (little more than 7 months from today). My I-797 is valid until October 2027

    I read that the passport needs to be valid at least until intended date of stay in the US (exempt for India in my case) Will there be any issue at CBP during reentry? I’ve been out of the country a couple of times earlier this year but my I-94 still has expiry date set at 10/27.

    Thanks!​

  • #2
    You should be fine reentering the U.S., since travelers from India are exempt from the six-month passport validity rule and CBP generally follows the I-797 end date when issuing the I-94. Your previous trips and existing I-94 validity are also good signs. If you want added assurance, you can have your documents reviewed through a trusted service like Document Evaluation llc, before you travel to confirm everything is aligned.​​
    Last edited by patricklmcmillan; 12-03-2025, 04:23 PM.

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    • #3
      Originally posted by eppsa View Post
      Hi Everyone,

      I’m travelling back to the US tomorrow. My current passport expires in July 2026 (little more than 7 months from today). My I-797 is valid until October 2027

      I read that the passport needs to be valid at least until intended date of stay in the US (exempt for India in my case) Will there be any issue at CBP during reentry? I’ve been out of the country a couple of times earlier this year but my I-94 still has expiry date set at 10/27.

      Thanks!​
      You can enter, but on your new I-94, you will only be admitted until your passport expiration date, i.e. July 2026, since India is in the 6-month club. If your passport were from a country not in the 6-month club, then you would only be admitted until 6 months before your passport expires, i.e. January 2026.

      This is my personal opinion and is not to be construed as legal advice.

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