Applying I-485 & Passport Expired

O

onebite2

Registered Users (C)
I'm ready to apply I-485 since my PD 02/02/2003 has become current. I got my medicals done and everything is ready to go except for passport. My passport is expired on 04/02/2007 and i forgot about that. Is this an obstacle for I-485 you think. I did apply for new passport but looks like its going to take at least 3 wks to get it and I can’t wait for that. Do you think I can still apply I-485 and send the new passport information as soon as I get it. Let me know what would I do.

Thanks
Cindy
 
This may present a problem with eligibility due to falling out of status. Check with others on this forum, and/or with a lawyer, but a condition of maintaining non-immigrant status (which I assume you are on) is holding a valid passport at all times. If you are indeed out of status, you might be ineligible to apply for I-485 or will have to pay a penalty. As I'm not too familiar with what steps you'd need to take, it might be worth consulting a lawyer, but wait for other posts to your question here first.
 
My suggestion is to renew your passport first and then apply with full thrust. Waiting for three weeks at this time is worth then getting an RFP or some thing else and then waiting for three months. Always try to reduce your chances of getting RFE's

Trust me, if I would be at your place, I would go for the renewal first and then apply, keeping in mind the latest Visa Bulletin, that there will be no retrogression at least till July 31st.

Rest decision is yours.
 
We are non-immigrants and have never had passports. We have had MANY TN's renewed and it was never an issue. We have renewed at both points of entry and via mail without passports. We found that valid birth certificates have been adequate for Immigration.
Passports are a good idea for sure, but they have never been a stumbling block yet.
 
Trade Nafta (TN)

Neil B. said:
We are non-immigrants and have never had passports. We have had MANY TN's renewed and it was never an issue. We have renewed at both points of entry and via mail without passports. We found that valid birth certificates have been adequate for Immigration.
Passports are a good idea for sure, but they have never been a stumbling block yet.
Click to expand...

That's because you appear to be Canadian citizens who are the only exception to the valid passport requirement. All other nationalities are required to carry valid passports at all times. I must admit that there are probably many cases of lapses in validity while a passport is getting renewed or is forgotten to be renewed, and I don't know if (and don't think that) the rule is strictly enforced as long as you get your passport renewed at the embassy at some point.
 
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