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sarahk316

I-485 and no passport?

By sarahk316 in Adjustment of Status from Work, Student, & Tourist Visas

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sarahk316 Explorer

sarahk316   2

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Filed: AOS (pnd) Country: England
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Hi all. I had a long post about my visa overstay and being In deportation proceedings a while back. The case was thankfully dismissed and now I am waiting on my I-130 and can now file the I-485. Problem is I am having a hard time getting my passport back from the dhs who took it when I was picked up. The state attorney on my case is hard to get hold of. Now, not only do I noy have the passport back but it's actually expired. I need it to apply for a new one and it'll take 5 weeks to get that... So even if I get the passport back soon it'll be a while before I get my new one. So can I send the application off without it or should I just wait? Thanks in advance!

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Alex and Sofya Explorer

Alex and Sofya   7

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Filed: Citizen (pnd) Country: Russia
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Hi all. I had a long post about my visa overstay and being In deportation proceedings a while back. The case was thankfully dismissed and now I am waiting on my I-130 and can now file the I-485. Problem is I am having a hard time getting my passport back from the dhs who took it when I was picked up. The state attorney on my case is hard to get hold of. Now, not only do I noy have the passport back but it's actually expired. I need it to apply for a new one and it'll take 5 weeks to get that... So even if I get the passport back soon it'll be a while before I get my new one. So can I send the application off without it or should I just wait? Thanks in advance!

My husband applied without his passport. It was lost (he had to file a police report). He is still waiting for a new passport. :(

If it only takes 5 weeks for you to get a new passport, go ahead and apply. At the same time file I-485. Attach any proof you might have regarding who has your passport.

01/28/12 Mailed I-130, I-485, I-102, I-131, I-765
04/18/12 Biometrics done in Philadelphia
05/10/12 RFE response received and under review
06/07/12 Interview is scheduled on 07/10/12 :)
07/11/12 I-130 approved/no word on I-485 :(
07/12/12 5:20 PM received an email I-485 approved!!!!!!!!
07/16/12 Hard copies of I-130 and I-485 approval letters received
07/17/12 Card production ordered
07/18/12 Card Sent :)
07/20/12 Greencard received

ROC:

04/21/14 Mailed I-751

05/08/14 Received NOA dated 04/28/14

07/08/14 Emailed received - biometrics are current

11/07/14 Approval letter came in the mail dated 11/04/14

Card received during our vacation 11/11/14-11/18/14

N400

04/13/15 Eligible based on 3 year rule 90 days prior

04/27/15 Mailed package by UPS

04/28/15 Package received

05/26/15 Biometrics (completed 05/21/15)

07/21/15 Interview

08/11/15 in line for oath ceremony

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sarahk316 Explorer

sarahk316   2

Posted
Filed: AOS (pnd) Country: England
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My husband applied without his passport. It was lost (he had to file a police report). He is still waiting for a new passport. :(

If it only takes 5 weeks for you to get a new passport, go ahead and apply. At the same time file I-485. Attach any proof you might have regarding who has your passport.

Yes five weeks for a new passport but I need my old one to get a replacement or I have to say its lost which it isn't, I have a feeling it's going I be a whole before I get t back. Maybe we can send off and explain why the passport isn't included as you said you did?

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Alex and Sofya Explorer

Alex and Sofya   7

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Filed: Citizen (pnd) Country: Russia
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Yes five weeks for a new passport but I need my old one to get a replacement or I have to say its lost which it isn't, I have a feeling it's going I be a whole before I get t back. Maybe we can send off and explain why the passport isn't included as you said you did?

I think, first you have to mail a certified letter to DA asking to return the documents to you.

Then, you can apply to AOS, but make sure to write an explanation and include a copy of the letter you wrote to DA.

I will also ask a consulate if you can still apply for replacement of your passport (explain them your situation and tell them you need your passport in order to apply for AOS).

Good Luck

01/28/12 Mailed I-130, I-485, I-102, I-131, I-765
04/18/12 Biometrics done in Philadelphia
05/10/12 RFE response received and under review
06/07/12 Interview is scheduled on 07/10/12 :)
07/11/12 I-130 approved/no word on I-485 :(
07/12/12 5:20 PM received an email I-485 approved!!!!!!!!
07/16/12 Hard copies of I-130 and I-485 approval letters received
07/17/12 Card production ordered
07/18/12 Card Sent :)
07/20/12 Greencard received

ROC:

04/21/14 Mailed I-751

05/08/14 Received NOA dated 04/28/14

07/08/14 Emailed received - biometrics are current

11/07/14 Approval letter came in the mail dated 11/04/14

Card received during our vacation 11/11/14-11/18/14

N400

04/13/15 Eligible based on 3 year rule 90 days prior

04/27/15 Mailed package by UPS

04/28/15 Package received

05/26/15 Biometrics (completed 05/21/15)

07/21/15 Interview

08/11/15 in line for oath ceremony

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sarahk316 Explorer

sarahk316   2

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Filed: AOS (pnd) Country: England
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I think, first you have to mail a certified letter to DA asking to return the documents to you.

Then, you can apply to AOS, but make sure to write an explanation and include a copy of the letter you wrote to DA.

I will also ask a consulate if you can still apply for replacement of your passport (explain them your situation and tell them you need your passport in order to apply for AOS).

Good Luck

Thanks so much for your help

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