I-485

C

chapter11

Registered Users (C)
Folks

Need your help in this.

Me and my wife's I-485 got approved Nov 2003. My sons case is still pending. We were working with EAD and my son has expired visa.

My son's passport is expiring feb 2004. I went to Indian consulate to renew the passport . The officer told me that as the visa for my son has expired , we may get an extension for one year and it will take them 3-4 weeks to process the case.
We came back without submitting the passport.

Could any of you please help us in this ? What if my son's I-485 gets approved but the passport has expired. Can we do the stamping on an expired passport.

Thanks for all your help

chapter11
 
Chapter11,

My understanding is that if your son has an Indian passport which has expired they should renew it on the same day. Since his I485 is pending he is in legal status and does not need a visa to stay in USA.
Tell them two things
Its the job of the Indian consulate to renew the passport of its citizens.
Your son has a valid legal status on basis of I485 and the visa expiration does not matter.
I'm not sure if you can do the GC stamping on an expired passport.
 
What zztop said is absolutely correct. The Indian consulate may at best check if the passport holder is in status. The expired Visa is not at all applicable. Visa is only for entry to US and nothing to do with status. Also I would opinion- the consulate should not even bother with valid status- that maybe a bilateral arrangement of co-operation.

I had got my passport renewed @DC (by mail) actually got a new passport- as old one could not be renewed any more. The procedure required only to to show some status document- I had shown H1.
So you should be able to show AOS document and get PP renewed.
HTH
 
Can we do the stamping on an expired passport.
If you HAVE to get stamp on expired passport, state clearly
"VALID VISA in OLD PASSPORT" message before renewing,
in past they have done this, they attest the old passport to
the new one and put a stamp inside stating valid visas
in old passport. hope this helps.
 
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