How to Fill In Old and New Passport Information on Form I-539 Extension Applications
This article explains the difference between the passport fields in Part 1 and Part 4 of Form I-539 extension applications, and outlines how to fill them in when the admission stamp and I-94 are in the new passport, the old passport, or split between the two, including adding a note in the cover letter.
Recently, many readers have asked: if the visa and I-94 are in an old passport that has expired or is about to expire, and the new passport does not show I-94 information, how should Form I-539 be filled out when applying for an extension?
Form I-539 has two places where passport information is required
Part 1. Information About You
Provide information about your most recent entry into the United States (passport and I-94 information at entry)
11. Form I-94 Arrival-Departure Record Number 12. Passport Number 13. Travel Document Number 14.a. Country of Passport or Travel Document Issuance 14.b. Passport or Travel Document Expiration Date
[…]
Part 4. Additional Information About the Applicant
Provide Your Current Passport Information (if different from Part 1).
1.a. Passport Number 1.b. Country of Passport Issuance 1.c. Passport Expiration Date
Entry stamp and I-94 are both in the new passport
Reader Wei entered with a new passport and her I-94 is in the new passport. According to her feedback:
The Immigration Services Administrator responsible for adjudication just called me to explain how to fill in this section. She said that Part 1 should contain the passport information used during the most recent entry into the United States. That is, even if I hold both old and new passports and the valid U.S. visa is in the old passport, as long as the new passport was used during the most recent entry, Part 1 should contain the new passport information (i.e., the current passport). Part 4, however, applies to a different situation: the old passport was used at entry, a new passport was obtained within the United States afterward, and the new passport was not used for entry or exit; only then should the new passport information be provided in Part 4.
In other words, in the above case, both Part 1 and Part 4 should be filled with the new passport information.
Entry stamp is in the new passport, I-94 is in the old passport
It is recommended to fill in the new passport information in both Part 1 and Part 4, but explain in the cover letter that the I-94 contains old passport information.
Entry stamp and I-94 are both in the old passport
My understanding is: fill in the old passport information (along with I-94 information) in Part 1, and the new passport information in Part 4. If you are concerned that USCIS officers might confuse or misunderstand, you can briefly explain in a cover letter.
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