Curran & Berger LLP

In accordance with section 212(a)(7)(B) of the Immigration and Nationality Act, an alien who applies for admission into the United States on a nonimmigrant visa (NIV) is required to possess a passport that:

1. Is valid for a minimum of six months beyond the date of the expiration of the initial period of admission into the United States, and
2. Authorizes the alien to return to their home country, or to proceed to and enter some other country at the end of the initial period of admission.

If your passport expires before the expiration date of your NIV, you may not be admitted to the United States for the full duration of your visa.  When you enter the United States, please be sure to carefully check any new I-94 card or NIV stamp in your passport to confirm that expiration date is correct.  

Because of agreements with the Government of the United States, the following countries are NOT subject to this requirement¹:

*Certificates of identity & passports

This requirement may also be waived on the basis of an unforeseen emergency, in certain cases on a reciprocity basis, or in the case of aliens in immediate transit through the United States.  The following groups are also exempt from this requirement²:

1. Alien members of the U.S. Armed Forces,
2. American Indians born in Canada,
3. Aliens entering from Guam, Puerto Rico, or the Virgin Islands,
4. Armed services personnel of a NATO member,
5. Armed services personnel attached to a NATO headquarters in the U.S.,
6. Aliens entering pursuant to International Boundary and Water Commission Treaty,
7. Canadian nationals,
8. Aliens resident in Canada or Bermuda having a common nationality with nationals of Canada or with British subjects in Bermuda,
9. Mexican nationals in possession of a Border Crossing Identification Card,
10. Natives and residents of the trust territory of the Pacific islands,
11. Residents of a foreign contiguous territory,
12. Aliens for whom passport extension facilities are unavailable,
13. Aliens precluded from obtaining passport extension by foreign government restrictions,
14. Members of the armed forces of foreign countries, and
15. Landed immigrants of Canada. 

¹Federal Register / Vol. 67 No. 207 / October 25, 2002 / Notices / Department of State, Bureau of Consular Affairs, Public Notice 4173

²AILA Books / Global Immigration Guide © 2002 / Part III / Nonimmigrant Visa Processing / Passport Requirement