Passport availability at AOS interview

[Simon2011 0]

H-1 overstay since 2003 filed through citizen wife concurrently and awaiting interview date in October.

In the meantime my Indian passport is expired since last June and my consulate is willing to renew it conditionally for 2 years till I get my green card.

Million dollar question is, based on interaction with Indian consulate, they might be able to get me the new passport before October but just in case they don't is this going to be a big issue at the AOS.

I have not traveled outside the country using my "current" passport that expired last June. All my travel and US entries happened on my last two passports that the Indian consulate said I don't have to mail in for renewal.

Please advise as I would like to travel out immediately after my green card receipt and need to book tickets in advance for December travel.

[CC90 90]

As long as you have your I-94 and *a* passport, I don't think this is a big deal. However, you're obviously going to need a valid passport to travel if you intend to do so.

Edited August 25, 2011 by CC90

[Alex7 0]

We have been in exactly the same situation. It does not really matter whether your passport is expired or not for interview purposes.

We had receipt from our consulate showing that we applied for new passport, but no one was interested in it.

[Simon2011 0]

We have been in exactly the same situation. It does not really matter whether your passport is expired or not for interview purposes.

We had receipt from our consulate showing that we applied for new passport, but no one was interested in it.

Thanks Alex! I take it you had an older passport with your last US entry visa stamp & i94. If not how did you address this issue during the interview?

[ceadsearc 516]

At the interview, they will want to see that you entered legally (visa and I-94) so they'll want to check your old passport for that. The IO will most likely understand why you don't have a new passport, and there's no real reason you have to have one so it shouldn't be an issue. Obviously, you won't be able to travel without it, nor would they be able to give you a stamp in your passport if you are approved on the spot and needed it for some reason, but again, since you have no passport you obviously aren't planning to travel that moment anyway. In a nutshell, you really should be fine as long as you have your old passport with proof that you entered legally.

[CC90 90]

The I-94 is typically considered proof of legal entry while the passport is proof of nationality.

[Alex7 0]

Thanks Alex! I take it you had an older passport with your last US entry visa stamp & i94. If not how did you address this issue during the interview?

You are absolutely right, we had an expired passport with latest I94 in it.

[Simon2011 0]

At the interview, they will want to see that you entered legally (visa and I-94) so they'll want to check your old passport for that. The IO will most likely understand why you don't have a new passport, and there's no real reason you have to have one so it shouldn't be an issue. Obviously, you won't be able to travel without it, nor would they be able to give you a stamp in your passport if you are approved on the spot and needed it for some reason, but again, since you have no passport you obviously aren't planning to travel that moment anyway. In a nutshell, you really should be fine as long as you have your old passport with proof that you entered legally.

Thanks Ceadsearc! Please confirm that they are not stamping passports with a "green card" stamp but rather mailing it to the applicant post interview

[ceadsearc 516]

Thanks Ceadsearc! Please confirm that they are not stamping passports with a "green card" stamp but rather mailing it to the applicant post interview

Everyone approved gets a green card in the mail. Sometimes, an IO will give a temporary passport stamp (551) if you are approved on the spot and have a pressing need for it (ie traveling quite soon), but it's getting less common and you don't need it. Anyone approved will get a green card in the mail.

[Simon2011 0]

Everyone approved gets a green card in the mail. Sometimes, an IO will give a temporary passport stamp (551) if you are approved on the spot and have a pressing need for it (ie traveling quite soon), but it's getting less common and you don't need it. Anyone approved will get a green card in the mail.

Thanks for clarifying that Cedsearc!

[Brother Hesekiel 2,236]

If you really want to sabotage your AOS, all you have to do is not having your old passport with the visa, the entry stamp, and the I-94 in it.

The I.O. doesn't care if you ever get a new passport in your lifetime. For all he cares you can stay in the U.S until you become a U.S citizen. But what he wants to see more than anything is your old passport.

[Simon2011 0]

Thanks for all the insights!

Another related question. Our interview notice asks to bring copies of all supporting documents submitted with our application. We have already prepared that.

My question is that if they want further copies of some additional documentation, not required in my application such as my I20's from my student days, do they have the provision to make photocopies there. This is just an example but given that I am coming from an H-1 overstay since 2003, we are taking all the paperwork available in our hand to support our case but also don't want to make unnecessary copies either.

Thanks in Advance!

[Simon2011 0]

Another example, I have three passports since my first entry in 1986 as a high school student. Do I photocopy non blank pages from all three? I already submitted photocopies of non blank pages from my recent two which covers the last entry till now.

Wondering if I need to photocopy the third or original entry passport as well? I don't want to photocopy anything unnecessarily as I am carrying all the originals.