Nonimmigrant travel - Know before you go!
In this edition of our Ask-the-Consul, we will answer some common questions about traveling to the United States for non-immigrant purposes.
Q: For how long should my passport be valid when traveling to the United States?
Visitors traveling to the United States are required to be in possession of passports valid for at least six months beyond the period of their intended stay in the United States. Citizens of some countries are exempt from the six-month rule and need only have a passport valid for their intended period of stay in the U.S. Guyana is one of these exempted country. For the full list of exempted countries: https://www.cbp.gov/document/bulletins/six-monthvalidity-update.
Q: My U.S. visa will expire while I am in the United States. Is there a problem with that?
No. If the Immigration Officer at the port-of-entry admits you into the United States, you can remain in the United States for the authorized period of stay, even if your visa expires during the time you are there.
Q: My visa to travel to the United States is still valid, but it is in my expired passport. Do I need to apply for a new visa with my new passport to travel to the United States?
No. 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 main purpose of travel. (Example: You must have a tourist visa when your main purpose of travel is tourism.) Both passports (the valid and the expired one with the valid U.S. visa) should be from the same country. Do not try to remove the visa from your old passport and stick it into the new unexpired passport. If you do this, your visa will no longer be valid.
Q: My visa was issued in my maiden name. I’m now married and have a new passport in my married name. Can I travel with the old visa?
If your name has legally changed through marriage, divorce, or a court ordered name change and you now have a new passport, you may choose to apply for a new U.S. visa to make it easier for you to travel to and from the United States. Please note that a new application fee will be required.
U.S. immigration officials may allow you entry with the old and new passports, as well as the supporting document showing the name change, such as a marriage certificate, but the traveler may have to go through additional screening.
Q: I accidently spilled water on my passport and visa. It now has some water marks, but I can still see the information clearly. Can I use it for travel?
If your visa has been damaged in any way, such as with water, you will need to reapply for a new visa. You may be denied entry into the United States if you travel with a visa that appears tampered with or otherwise altered from its original state. Visa re-application instructions can be found at: https://gy.usembassy.gov/visas/nonimmigrant-visas/.
Q: My visa is not expired, but during my last trip
I stayed for longer than 6 months in the United States due to an emergency. Can I return to the United States with my current visa?
Staying beyond the period authorized by the Department of Homeland Security is a violation of U.S.
immigration law. If you overstayed the end-date of your authorized stay, as provided by the CBP officer at the port-of-entry, your visa will automatically be voided or cancelled unless you applied for an extension of stay prior to departing the United States. You will need to re-apply for a visa for future travel to the United States.
Please note that nonimmigrants who overstayed their admission period by 181 to 364 days may be barred from seeking admission to the United States for a period of 3 years; those who overstayed for 365 days or more may be barred from seeking admission for a period of 10 years.
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“Ask the Consul” is a monthly column from the U.S. Embassy answering questions about U.S. immigration law and other Consular topics. Detailed information about visas can be viewed at https://gy.usembassy.gov/, https://ais.usvisa-info.com/ and https://travel.state.gov/. Information about American Citizen Services can be found at https://gy.usembassy.gov/u-s-citizen-services/.
Applicants are strongly encouraged to prepare their own documents and avoid third-party advice. Consular processes change frequently, and non-U.S. government advisors often provide inadequate or inaccurate information. Please contact our Visa Information Service Center using the contact information at https://ais.usvisainfo.com/en-gy/niv/information/contact_us if you have general visa questions.