I485 application - passport expiring in two months

U

ulhaschamkeri

New Member
Hello Guys,

My passport is expiring by the end of August 2007. If I apply for the new passport it may arrive in 4-5 weeks which will be the 3rd-4th week of July. I do not want to wait that long and want to apply at the earliest.

My question is

Can I apply with my current passport (valid until august 2007)? will that be any problem?
I hear people say that the passport should be valid for six months to apply for 1485. Is that true?

Please advise

Thanks,
Ulhas
 
ulhaschamkeri said:
Hello Guys,

My passport is expiring by the end of August 2007. If I apply for the new passport it may arrive in 4-5 weeks which will be the 3rd-4th week of July. I do not want to wait that long and want to apply at the earliest.

My question is

Can I apply with my current passport (valid until august 2007)?
-YES
will that be any problem?
------------NO, not because of passport
I hear people say that the passport should be valid for six months to apply for 1485. Is that true?
-------------------not true
Please advise

Thanks,
Ulhas
Click to expand...
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I attest to what Ginnu mentioned. First hand experience, with my wife's passport. We are applying with the current one and will renew the passport later.
Confirmed it with a good attorney as well.
 
... me too, my wife's passport had 2 months to go when we filed I-485.

Speaking of which, my turn to ask a question:

Is there a legal requirement that an alien maintain a valid passport during the adjustment period? For non-immigrant status, it is a requirement, but what about adjustment period? What is interesting is that a lawyer told me that once I have a green card, there is no real legal requirement to maintain a valid foreign passport (but of course it's inconvenient). But what about adjustment? Anybody know?
 
jk0274 said:
... me too, my wife's passport had 2 months to go when we filed I-485.

Speaking of which, my turn to ask a question:

Is there a legal requirement that an alien maintain a valid passport during the adjustment period? For non-immigrant status, it is a requirement, but what about adjustment period? What is interesting is that a lawyer told me that once I have a green card, there is no real legal requirement to maintain a valid foreign passport (but of course it's inconvenient). But what about adjustment? Anybody know?
Click to expand...

Passport & the visas are only to travel. Once you enter the country, your legal status depends only on I-94, I-485, non-immigration extention of status etc.
 
Actually, no. If you are in non-immigrant status, you must have your passport valid at all times. Letting your passport expire can make you out-of-status if you are on F, J, B, etc non-immigrant visas.
 
hi
My lawyer says passport should be valid min 6month to apply 485. mine expiring on sep.so i went to NY and renewed same day
 
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