Child Passport expiring and effect on 485

[neilgc]

Hi All,
My case details:
- CSC PD:Jan 2002
- 140 approved
- 485 pending
- working on EAD, H1 and dependent H4 expired.

We have EADs for me and my wife. We didn't apply for childs(4 year old) EAD as he doesn't need it. First AP is also expired. Did not apply for new AP yet.

My childs passport is expiring in January. Yesterday I went to Indian Consulate in New York for childs passport renewal. They are saying without current EAD or current AP for the child they cannot renew the passport.

I showed them childs 485 receipt and tried to make them understand that "pending 485" or "Adjustment of Status" is a valid status in US, they seem to not agree with that. I provided my current valid EAD but still they didn't agree.

Anyone has faced simillar situation. If I apply for childs EAD/AP now, it may take more that 2 months to get it and by that time his passport will expire. How will it affect his/our pending 485 cases.

Any advice will be appreciated.

THanks in advance..

 

[avantika]

Don't worry mean while apply new EAD/AP. then Apply for passport

when is your chaild passport expiring? is it indian passport? if it is indian passport you can re-new the passport with in 1year of the passport expiry(After expiring means if it expires on 11/30/2006 then you can re-new the passport with in 11/30/2007) mean while you can apply new EAD/AP.

http://www.path2usa.com/immigration/relatedinfo/passport_renewal.htm

 

[avantika]

Read this link it say 6 months not 1 year

http://www.info2india.com/visa/san-francisco-other-information.htm

How do you know that you are covered under this section ?

i) When there is an ‘F’ or ‘Finally’ written after the date of expiry

ii) Or passport was issued 10 years back.

When should you apply for the new passport ?

i) Within one year of expiry of your passport. For example if your passport is expiring on 31st Dec,2002, you can apply for a new one anytime starting from 30th Dec,2001.

ii) But not later than 6 months after date of expiry. If your passport is expiring on 31st Dec,2002, you can apply for a new one not later than 30th June,2003. If for any reason you have delayed applying for a new passport more than six months after expiry of your passport, see instructions below (passport expired more than 6 months back).

 

[neilgc]

Thanks for the details. My childs Indian passport is expiring in Mid January.

Although I can renew passport even after it expires, what if USCIS asks for new passport(our 485s are pending) for the child and it is not renewd yet. THats what I am worried about.