AOS Passport expired (TN to GC)

S

Saneman

New Member
I filled my AOS on Dec 03 and have fingerprints completed on Dec 31. I'm waiting for EAD/AP/ I485 approval. Wait time is a moving post has more than 6 months now. TN status was granted for July 2020 but because my passport was expiring on April 19/2019 so does TN status and Driving License. I was asking my attorney to renew passport but he asked me to wait because USCIS is unpredictable and they can ask for interview anytime.
I sent my passport for renewal in March and because of photos were not 2 X 2 3/4 (US ppt photos are 2 X 2), it was rejected and Passport Canada notified me by snail mail. Long story short, I got my passport finally today and confused that what I supposed to do? I can't renew my Driving License without valid TN. I asked my corporate attorney and he didn't respond yet.
Should I go to local USCIS and get it stamped so I can renew my DL? Worried that they may question dual intent (I485 filled). Please help
 
You say TN status was granted until July 2020 and then you say that your TN status expires in April 2019. Which is it? Did you get your most recent I-94 from entry to the US or from the approval of a I-129? And what date does it say on this most recent I-94?

Driver's license requirements vary by state. What state are you in?
 
I'm glad you ignored your lawyers advice and sent in your passport; you obviously needed the passport to stay in status and get your TN extended, so that was foolish advice. The delays in getting your passport this month did not harm you, since there was still no way to get your TN extended once you submitted your I-485, which your lawyer should have fixed BEFORE submitting I-485.

You could ask for deferred inspection at a local office, to see if they will extend your I-94, but I do not know for sure that they will.

If that fails, because you filed I-485, you are considered in legal status, but you were not allowed to work after April 19, until you get an EAD. Then you will get your DL (your state *might* have rules on those who have submitted AOS but only have receipt notice -check with them)

You filed an I-485 with only 4 months left on your TN I-94 validity, which was not wise. Sometimes that can't be avoided, but in your case that would have easy been done: you should have addressed the expiring passport LONG ago -- last summer perhaps -- by going to Canada, getting new passport by expedited process (it is a widely known issue that mailing passport application from US often gets rejected for pictures, so most of us do so when in Canada). And then you would have crossed back into US, gotten your I-94 updated to July 2020, and wouldn't be in the mess you are in now.

Sorry that you didn't come here sooner, and didn't get better advice from your lawyer.
 
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newacct, I-94s issued at border by CBP do not go past passport expiry, and the date on the I-94 is crucial to TN status.
 
Thanks everyone for guidance.
Holly Mackerel! I'm in deep ***. I asked in corporate in October before filing AOS to renew passport but I was told to hold. I've been working and paid so far. I don't know how corporate will handle legal but unauthorized mess.
Should I go to Mexico border (I live in OKC) and ask for I-94 extension? :confused:
Will update.
 
nelsona said:
newacct, I-94s issued at border by CBP do not go past passport expiry, and the date on the I-94 is crucial to TN status.
Click to expand...
But I-94s granted from Extension of Status or Change of Status inside the US do go past passport expiry, and it's not clear what his most recent I-94 is.
 
It's clear to me. he went to the border, got a new TN 2 years ago, as most Cdns do, and it was granted, but the I-94 was issued only 'til passport expiry. This is always the case when I-94 is issued at border.I think our poster knows what his I-94 says. Let's stick with the current issue:

Saneman,
Absolutely DO NOT GO TO THE BORDER!!!
First, since your AP is not issued, leaving US automatically abandons your AOS process.
Second, you are no longer allowed to enter US under TN (or any other status than H1 or L) without AP, since you have demonstrated immig intent by filing I-485. You would therefore be forbidden to enter US on any status.

You are stuck in US until you get EAD/AP, and you are no longer allowed to work legally until the EAD comes. You need to inform HR that you have no work authorization. But, remember, you are in legal status (adjustee) because you have filed I-485.
 
Nelson is correct that TN was issued till April 19/2019 coincident with passport expiry as is always the case. I tried to renew passport when in Canada but that was far off from expiry so it wasn't done. My kids and wife passports were renewed and their I-94 is valid till July 2020. Mine and my eldest son's passport are expired at same date. I was thinking to try CBP local port of entry near OKC airport. For DL I'm thinking taking I-485 receipt to DMV. I'm just told by HR to leave immediately:(.
 
"I tried to renew passport when in Canada but that was far off from expiry so it wasn't done."

In retrospect you should not only have tried, but instead have DONE IT. The loss of a year of passport validity would have been far less costly that what you are facing now. Even though you may not renew if it is still valid for 12 months, your explanation would probably have sufficed to get it done, or you would have then made sure to go back last summer and do it, not wait until your GC process was started, when your firm's and your lawyer's nerves and inexperience got in the way of clear thinking! the advice here back then would have been to do at all costs.

You can't go to a POE within US to be processed for entry without leaving country, so don't get your hopes up.
The DMV might work for DL.
 
When I said I tried meaning passport Canada refused to renew. 'Any punch remembered after the fight is for your own face' thats my condition right now. My boss asked me to leave as soon as I can, and was pissed how corporate attorneys and HR made this mess. She said HR is working to get me paid or attorneys will do something to correct the situation within 30 days. She is going to update me when she will here anything form them. Any rampification possible? anything?
 
As I said, with an explanation, they would have renewed, or you (the most interested party) would have taken it upon your self to make sure.

Obviously too late in your case, but I post here for the benefit of others.

You need to wait for EAD. Period.
 
With this problem in hand and keeping health insurance (I love you Canada) is the biggest sword hanging on my neck. My learned fellows, I need your opinion. I'm thinking two routes:
1) Since my I-485 was filled on Dec 03 and Jun 01 will be 180 days, Can I invoke AC-21?
2) Should I switch AOS to Counselor Processing?

As always, thankful for you advice.
 
1 Huh? AC21 doesn't apply to TN. Who is feeding you that advice?!
2. No. You will get your EAD/AP far sooner than you will get a consular green card appointment. You have already exhibited immigration intent, so switching (which you are probably not permitted to do at this point) would still not allow you to leave US and come back until the appointment. again, ignore whomever is giving you these cockamamie schemes.
Your time to go to Canada was last summer, to renew your passport and get a new I-94. Sorry that your bozo lawyer didn't realize the sh!t he was dropping you in.
 
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Saneman said:
1) Since my I-485 was filled on Dec 03 and Jun 01 will be 180 days, Can I invoke AC-21?
Click to expand...
If you are talking about the I-140 not being revoked if withdrawn after I-485 has been pending 180 days and you are working in a similar job: 1) if your employer would withdraw the I-140 after 180 days, why wouldn't they withdraw it now (before 180 days)? and 2) you need an EAD to work in a similar job anyway, so this is moot before you get an EAD.
 
Since I-140 is not work authorization, and I-485 submission prevents getting a (new) TN, you would need an H1-B. Thus AC21 has absolutely no application to getting or extending TN.
 
If you filed AOS with EAD/AP on Dec 3rd, PLEASE, PLEASE just wait for the combo card to arrive.
According to USCIS website, I-765/EAD, I-131/AP is taking 5-7 months from the National Benefits Center.
It should come very shortly.
If you have not already, register with the US Postal Service for "Informed Delivery", and you will get a daily email of mail that will arrive that day.
Ensure your name and family members names are on your mail box to ensure USPS delivers your cards.

It sucks you have to stop working and must remain in US until your EAD/AP arrives. Mistakes happen, and this was a big one. But the stakes are high. You don't want to risk it.
You should get the "ready for interview" notice a few weeks or months after your EAD/AP (depends of Field Office, some are faster than others).
You will get the actual interview notice a few weeks after "ready to schedule" notice.

You need to explain in the interview what happened, that you did work "unauthorized" for a few weeks, but as soon as you found out you stopped working. I would like to think they will over look it and approve you and your family green card / AOS.

Let us know what happens.

And a warning to those that are reading this forum. You need to do your own homework and understand the fine details of the US immigration system yourself. Lawyers are not always giving good advice (especially when it comes to TN to GC, as it is not very common)
 
Since you are in an employment-based category, working illegally does not affect your AOS as long as you haven't been out of status or working illegally for more than 180 days since your most recent admission (INA 245(k)). So your AOS should be okay, as long as your company doens't withdraw your I-140 and is still offering you employment after you immigrate (at least until you get an EAD).

Your company kind of messed up too, since they should have re-verified your I-9 when your employment authorization expired, which should match the date your I-94 expired.
 
Thanks all for your great input. My employer has offered me unpaid leave of absence ( I need to pay premium) until then. Since its kind of mixed mess, I'll blame myself for this, employer is not revoking I-140 they are part guilty. Going through last year emails, found that email when I told HR and attorney about this concern. If some of you remember I asked a question about waiting for 100 days before filing for AOS. ( I travelled outside NA).
Disregarded my wife counsel at that time to fly to Canada and renew passport.

Amberleaf, thanks for great advice. I'm already USPS informed delivery member. I'm watching other immigration forums and looks like Oct/2018 filers are getting EAD/AP in droves. Oct being first month of fy its very loaded. Hopefully I'll get EAD in few weeks. finger crossed
 
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nelsona said:
1 Huh? AC21 doesn't apply to TN. Who is feeding you that advice?!
2. No. You will get your EAD/AP far sooner than you will get a consular green card appointment. You have already exhibited immigration intent, so switching (which you are probably not permitted to do at this point) would still not allow you to leave US and come back until the appointment. again, ignore whomever is giving you these cockamamie schemes.
Your time to go to Canada was last summer, to renew your passport and get a new I-94. Sorry that your bozo lawyer didn't realize the sh!t he was dropping you in.
Click to expand...
Nelson, You are a great source of knowledge. All these schemes come to mind when some one is drowning. As a site administrator can you please update curiousgeorge sticky. Step 12(a) talks about invoking AC-21, may be I misunderstood. Please take a look. Thanks
 
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