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Passport renew advice i-94 requirements. Can the new passport used if expired i-94? overstayed visa might caught.

Fair Lawn, NJ |

my consulate requires i-94 status photocopy to renew foreign passport. i-94 expired would reveal overstayed. New Passport has microchip that stores i-94 status. Do my consulate alert homeland security? Does T S A check status and alert homeland security?

Attorney Answers 3


Let me clarify what seem to be 2 quickly spreading misconceptions:
1. Your consulate should not and in my humble opinion does not "alert" a US government agency. It should have better things to do with its time than harm its own citizens whom it's there to "serve" and assist.
2. No, to the best of my knowledge since the TSA was first created, TSA agents at airports do NOT check one's immigration status when one presents a foreign passport at at security line.

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Instead of asking whether you would get caught trying to travel as an overstay, why not consult an immigration lawyer and see if there is anything that can be done about your overstay? That would seem more sensible. Good luck.

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It would have helped if you told us what country you are from.

As my colleague stated:

1. It is quite rare for a foreign consul to alert ICE so that they will arrest one of 'their own'.
2. TSA doesn't 'normally' run checks on people. But, ICE does and it's not impossible for TSA to contact ICE personnel, if they have an office in the airport.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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