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My girlfriend's child was born in the US, but my girlfriend is not a US citizen. The child is a minor. She does not have a current passport, but she does have a visa which allows her to cross normally. Since her child is a US citizen, is she allowed to cross the land border from Mexico to the US, even with COVID restrictions?

ouflak
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Throwaway Dude
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    Is her visa a border crossing card? Is her son's school in the area within which she is permitted to travel after entering with a border crossing card and no passport? – phoog Jun 24 '21 at 00:12

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No. Under INA 212(a)(7)(B), a nonimmigrant is inadmissible to the US unless they have a passport that is valid until 6 months after the end of the period of admission (or, for passports of countries in the 6-month club, valid until the end of the period of admission). See 9 FAM 302.1-4.

If her passport is already expired, she cannot use it to enter.

user102008
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  • Once her passport is renewed, can she cross by land even with COVID restrictions? – Throwaway Dude Jun 22 '21 at 18:04
  • @ThrowawayDude: What is the purpose of her visit to the US? – user102008 Jun 22 '21 at 18:30
  • For enrolling her son (who is a US citizen) in school – Throwaway Dude Jun 22 '21 at 19:07
  • @ThrowawayDude: Then no, land entry to the US is still restricted to essential travel. She would have to fly in. – user102008 Jun 22 '21 at 23:07
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    This answer overlooks the (likely?) possibility that the girlfriend has a border crossing card, which may be used without a passport, though with significant restrictions, and which functions as a B visa when presented in combination with a passport. – phoog Jun 24 '21 at 00:10