Transit visa through Germany with expired I94
I am an Indian citizen and have completed my OPT/studies. However my I94 has expired because I based it off the Visa which is still valid, due to a misunderstanding. I am returning home and before I purchase my flight, I want to know if I will need a transit visa through Germany or am I ok?
Again my visa is still valid except for I94/I20.
Best Answer
The relevant EU regulation (article 3(5) (c) of the Schengen visa code) is pretty clear:
The following categories of persons shall be exempt from the requirement to hold an airport transit visa provided for in paragraphs 1 and 2:
[…]
(c) third-country nationals holding a valid visa for a Member State which does not take part in the adoption of this Regulation, for a Member State which does not yet apply the provisions of the Schengen acquis in full, or for Canada, Japan or the United States of America, when travelling to the issuing country or to any other third country, or when, having used the visa, returning from the issuing country;
Official webpages from the German authorities explaining these regulations (e.g. germany.info) confirm this. So if your visa is indeed valid, I don't see why you would need a visa to transit in a German airport.
Because of the way US visas work, many people have the opposite problem, they are in the US legally but don't have a valid visa anymore. But there is no reason for the German authorities to care about (or even be aware of) all the niceties of US law.
Note however that your visa situation should be checked before you leave. The database used for that also contains the same information but you could try to contact the airline to confirm they would let you board the plane with the documents you have.
Pictures about "Transit visa through Germany with expired I94"
Do I need a visa if I am transiting through Germany?
Do I need a visa? The vast majority of foreign travellers benefit from the \u201ctransit privilege\u201d - if during a stopover at a German airport, you do not leave the International Airport Area and if the destination is not in a Schengen country, you do not need a transit visa.How long can you transit in Germany without a visa?
A permit, usually in the form of a stamp or a sticker affixed to the passport of the traveler, that allows its holder to get out of their plane in one of the German airports, remain there for 12h at most, and take the other flight that will take them to their destination country.Can I travel through Frankfurt expired US visa?
You can travel via Frankfurt or Munich airports with expired US Visa without any transit visa.Can a transit visa be denied?
An Airport Transit Visa is valid for 24 hours, while a Seafarer's Transit Visa is valid for a maximum of 5 days. Rejected \u2013 if your visa has been rejected, it would have been for a specific reason and you have the right to appeal.Germany Transit Visa Full Information - Who Need It
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