Yes, you can get your passport stamped. However, it’s not always simple. Here’s what you need to know about getting a visa stamp in your passport.
What do I need to know about getting a visa stamp in my passport?
Hi, I'm Jim Hacking, an immigration lawyer practicing law throughout the United States out of our office here in St. Louis, Missouri.
When I was a new immigration lawyer, I didn't really understand how visas worked and I wasn't really sure if people were in the United States, whether they could stay.
I remember it was very confusing. So, I thought I would make this video to explain to you what a visa is and what happens when you go overseas to get it stamped.
Key Takeaways
• A visa stamp is required to enter the U.S., even if you already have approved status.
• You can ask to get your passport stamped at a U.S. embassy, but the embassy has full discretion to approve or deny.
• Legal status in the U.S. does not guarantee a new visa stamp from the embassy.
• Always consult with an immigration attorney before planning international travel if your visa has expired or your status has changed.
Table of Contents
A visa is a ticket to enter the United States. Obviously, US citizens and green card holders can stay in the United States forever. Most other people are going to be here on some kind of a visa.
It's your entryway, the paperwork, the stamp in your passport. You actually get a visa stamp in your passport, and that's what tells the TSA, customs, and border patrol to let you into the United States.
When you get your visa stamp, that's how you enter the United States. That’s why people often ask, “Can I ask to get my passport stamped?”. And yes, you can, but it must be done at a U.S. embassy or consulate abroad.
Some people will get what's called a single-entry visa, and others will get a multiple-entry visa.
• A single-entry visa means you're allowed into the United States one time.
• A multiple-entry visa means you can come and go repeatedly (within the visa's validity period).
For instance, a lot of people from Brazil or other countries will get a 10-year multiple-entry visa. As long as they follow the rules and leave on time, they can return multiple times without reapplying.
Sometimes, people are in the United States and change their status or get an extension. Or maybe they're students, and their entry into the United States is for the duration of their status. Then, they need to go back overseas for some reason, usually to visit a sick family member or just to visit family.
When they leave the United States, if their prior visa has expired but they're still in status (either through an extension or a change of status), they’ll need to go to the U.S. embassy, file Form DS-160, and ask to get a new stamp in their passport.
In this case, yes, you can ask to get your passport stamped.
We've been seeing a lot of people who have very straightforward, approved extensions or changes of status or who have been maintaining their status through studies or work go overseas, try to get a stamp, and then get stuck because the embassy just doesn't feel like giving them a visa.
This was especially common during the coronavirus pandemic when embassies were closed. But even now, this remains a real risk.
We’ve filed probably 15 or 20 lawsuits in the last 12 months against the State Department for people who have gone overseas to get a visa and have gotten stuck.
Navigating border protection and passport stamping requirements shouldn’t be guesswork - we’ve got the expertise.
As always, I really want to encourage you to think long and hard before you leave the United States, especially if it involves trying to get a stamp in your passport.
This can be a really problematic area for people. The problem is that the State Department has complete discretion as to whether or not to give you the visa.
Unfortunately, we've seen many people get stuck outside the United States for months, even years, trying to get that visa stamp back in their passports.
So you really have to ask yourself:
• Is it worth it?
• Can I afford not to work?
• Can I afford not to be here in the United States?
• What kind of impact will this have on my day-to-day life?
• Really make good decisions before you leave the United States.
Can I ask to get my passport stamped if I’m in the U.S.?
No. You must leave the U.S. and visit a U.S. embassy or consulate abroad to get a new visa stamp. Visa entry stamps are issued outside the country.
Can I re-enter the U.S. with an expired visa if my status is still valid?
No. Even if your status (like F1 or H1B) is valid, you need a valid visa stamp in your passport to re-enter the country after international travel.
What happens if the embassy refuses to stamp my passport?
You could be stuck abroad for months or years. In some cases, lawsuits can be filed, but there’s no guarantee of a quick resolution.
Do green card holders need a visa stamp?
No. Lawful permanent residents (green card holders) do not need visa stamps. Only foreign nationals with temporary visas do.
How do I apply for a visa stamp at an embassy?
You must file Form DS-160, pay the required fee, and schedule an interview at the U.S. embassy or consulate in your home country.
If you're unsure whether to travel or how to get your passport stamped, talk to an immigration attorney before making a decision.
At Hacking Immigration Law, we assist foreign nationals and foreigners arriving in the U.S. with assessing travel risks and securing essential travel documents, including immigration stamps, exit stamps, and support with border protection concerns. Whether you're stuck overseas due to visa delays or unsure if your boarding pass is enough for re-entry, don’t risk your job, education, or family by making an uninformed decision.
If you have questions about this, please give us a call at (314) 961-8200.
You can email us at [email protected].
Be sure to join us in our Facebook group, which is called Immigrant Home.
If you liked this video, please share it on social media so that you can get updates whenever we make videos like this one. Thanks a lot. Have a great day.
