Passport for AOS? (merged)

[randomperson2 5]

4 hours ago, Boiler said:

That would be one option.

Thanks for you responce. I've been in touch with my cousin and they've found the passport and my I-94 Card that proves that I've come in the states in June 24, 2001 onboard Flight PR112, the I-94 States a Valid Stay up to August 17, 2003. All of the documents has my Pictures and Biometrics but not my Name and other info as my mom used my aunt's and my cousin's documents to obtain said Passports, Visas and other documents. In 2008 when the modernization of passports to the electronic one, my cousin applied for a new one and thus the name in the passport i used is used by the real owner. It is also important to note that the passport i used contained a birth date in 1998 and I'm born in 1996 so to the eyes of the officer that inspected me in  2001, Im a 3 year old instead of 5. Thanks for all of your responce. It habe been so helpful to me. 

[randomperson2 5]

12 hours ago, Cyberfx1024 said:

Exactly and this first issue will require a lawyer in order to do AOS. The other issue in regards to the passport can be done but considering it's the Philippine embassy it will still be a pain in the neck

I've heard that PI officials can be corrupt and is notorious for being late or being subject to red taoe

[randomperson2 5]

Hi! Just wanted to ask if anyone might know something about my situation. Me and my Mother came in the US under a Fraudulent Passport aka "Baklas Passport"  with an H2 Visa (mom's) and H4 visa (mine), We came in June 24 2001 through SFO and was inspected at the POE , I was only 5 year old back then and my mother was supposedly is only 25 however due to the Baklas Passport our ages became 3 and 31 respectively. The passport has since been sent back to the philippines. I was wondering if i could apply for a first time passport in the Philippine Embassy in DC as i need a valid travel document in order to apply for AOS or Adjustment of Status at the grounds that I'm married to a US Citizen for about 5 years and we have 1 child together. I have a PSA issued birth certificate, A California Driver's License that was issued in 2015  and a college ID. Am I still illegible for AOS since i came here illegally? I only became aware of my situation when i was 17. I think by the way i came i was smuggled here. My mother and I have been into hiding ever since but i'm striving to have a better life and to be legalized as i treat USA as my own country. the only one i have as i grew up here and i don't have a glimpse of anywhere else. not even my home country.

[Hank_ 9,174]

That is a tough question, and I am not sure of your best course of action for acquiring your Philippine passport.   Being you are in a foreign country (USA) the Philippine consulate will require an "original and photocopy of additional proof that the applicant is still Filipino" - this would be a green card (something you don't have).   

 

https://philippineembassy-usa.org/new-e-passport-applicant-adult/       EMAIL:    passport@phembassy-us.org

 

(At this time I don't see but one option for you to get your Philippine passport, and you wouldn't like what that is.)

 

As for AOS you need more than a "valid travel document".  You are missing necessary documents there also.

 

4. Inspection and Admission or Inspection and Parole

Unless applying under INA section 245(i), most Form I-485 applicants must submit photocopies of documentation showing they were inspected by an immigration officer and either admitted or paroled into the United States. The following types of applicants do NOT need to submit documentation of inspection and admission or parole: registry applicants, asylees, VAWA self-petitioners, special immigrant juveniles, T nonimmigrants applying under INA section 245(l), U nonimmigrants applying under INA section 245(m), and individuals born under diplomatic status in the United States. Form I-485 Instructions 10/15/19 Page 10 of 45 You must establish any claim that you were admitted or paroled into the United States. This evidence must relate to your most recent arrival into the United States.  Submit copies of the following documents, if available:

 

A. Passport page with admission or parole stamp     <<<  this    (issued by a U.S. immigration officer);   

 

B. Passport page with nonimmigrant visa;    and       <<<  this

 

C. Form I-94 Arrival-Departure Record   <<< this       (See Form I-94 Arrival-Departure Record in the General Instructions section of these Instructions).

 

https://www.uscis.gov/i-485

 

https://www.uscis.gov/system/files_force/files/form/i-485instr-pc.pdf?download=1

 

 

Did you submit a DACA application earlier?   I don't see DACA as being an option at this time (I read that a Court decision won't be released until June 2020, at the earliest) :

 

https://www.uscis.gov/archive/consideration-deferred-action-childhood-arrivals-daca

[Crazy Cat 41,887]

***Please don't post duplicate threads******  

Edited March 21, 2020 by Lucky Cat

[Just Paul 4,595]

41 minutes ago, Hank_ said:

Did you submit a DACA application earlier?   I don't see DACA as being an option at this time (I read that a Court decision won't be released until June 2020, at the earliest) :

DACA isn't an option for a new application.  Only renewal filings for previous DACA holders are accepted.

 

OP - for the passport, you are going to need to spend some time at the consulate once it reopens.  The odds are really low to get an initial passport outside of the Philippines.   Ultimately you may find that you are only eligible for a travel document for a one way boarding to the Philippines.  Of course that will limit your availability to return to the US.   Getting an attorney to figure out the AOS first may be the best option.

[randomperson2 5]

42 minutes ago, Hank_ said:

That is a tough question, and I am not sure of your best course of action for acquiring your Philippine passport.   Being you are in a foreign country (USA) the Philippine consulate will require an "original and photocopy of additional proof that the applicant is still Filipino" - this would be a green card (something you don't have).   

 

https://philippineembassy-usa.org/new-e-passport-applicant-adult/       EMAIL:    passport@phembassy-us.org

 

(At this time I don't see but one option for you to get your Philippine passport, and you wouldn't like what that is.)

 

As for AOS you need more than a "valid travel document".  You are missing necessary documents there also.

 

4. Inspection and Admission or Inspection and Parole

Unless applying under INA section 245(i), most Form I-485 applicants must submit photocopies of documentation showing they were inspected by an immigration officer and either admitted or paroled into the United States. The following types of applicants do NOT need to submit documentation of inspection and admission or parole: registry applicants, asylees, VAWA self-petitioners, special immigrant juveniles, T nonimmigrants applying under INA section 245(l), U nonimmigrants applying under INA section 245(m), and individuals born under diplomatic status in the United States. Form I-485 Instructions 10/15/19 Page 10 of 45 You must establish any claim that you were admitted or paroled into the United States. This evidence must relate to your most recent arrival into the United States.  Submit copies of the following documents, if available:

 

A. Passport page with admission or parole stamp     <<<  this    (issued by a U.S. immigration officer);   

 

B. Passport page with nonimmigrant visa;    and       <<<  this

 

C. Form I-94 Arrival-Departure Record   <<< this       (See Form I-94 Arrival-Departure Record in the General Instructions section of these Instructions).

 

https://www.uscis.gov/i-485

 

https://www.uscis.gov/system/files_force/files/form/i-485instr-pc.pdf?download=1

 

 

Did you submit a DACA application earlier?   I don't see DACA as being an option at this time (I read that a Court decision won't be released until June 2020, at the earliest) :

 

https://www.uscis.gov/archive/consideration-deferred-action-childhood-arrivals-daca

If you have viewed my profile you might notice that i accidentally left some details. The Passport we used belonged to a family member, They sent it via Postal today and i hope that i'll receive it after the Virus. They sent both the Passports and the I-94s that will serve as proof that we were "Inspected" at the POE, I never applied for DACA as for lack of documents. I am still a filipino, I have been studying by means of a non-disclosure scholarship. I have a PSA Birth Certificate and Baptismal that proves i was born in the Philippines and my USA High School Transcript that states that my nationality is Filipino. My mother is a different story though as she continued using the false identity or "Baklas Passport" documents in means of getting a SSN and other documents before sending the passport back to the philippines. According to the I-94 we (assumed the name on the passports) are authorized to stay until August 2003. I have no ssn today as H$ wasn't qualified to have one, since then in school and drivers licenses i have been using my real name and documents.

[randomperson2 5]

1 minute ago, Paul & Mary said:

DACA isn't an option for a new application.  Only renewal filings for previous DACA holders are accepted.

 

OP - for the passport, you are going to need to spend some time at the consulate once it reopens.  The odds are really low to get an initial passport outside of the Philippines.   Ultimately you may find that you are only eligible for a travel document for a one way boarding to the Philippines.  Of course that will limit your availability to return to the US.   Getting an attorney to figure out the AOS first may be the best option.

I'm really desperate i'm already considering walking to Mexico and go to the Philippines using that way, since technically i have no record of ever entering the US under my real name as i entered through false documents. but i think the biometric systems will caught up and honestly as i've stated in another thread. I don't have the guts. I really hope that'll the consulate will open soon so i can discuss mine and my mom's options. I'll get a lawyer as soon as i've saved up.

[Crazy Cat 41,887]

Can you be considered "inspected" when you entered illegally?   Have you consulted an attorney?

[Hank_ 9,174]

Just now, Paul & Mary said:

DACA isn't an option for a new application.  Only renewal filings for previous DACA holders are accepted.

 

OP - for the passport, you are going to need to spend some time at the consulate once it reopens.  The odds are really low to get an initial passport outside of the Philippines.   Ultimately you may find that you are only eligible for a travel document for a one way boarding to the Philippines.  Of course that will limit your availability to return to the US.   Getting an attorney to figure out the AOS first may be the best option.

 

Correct.   Which is why I asked if she had applied earlier, and even that is "on hold" until the supreme court is done chewing on it.

 

And I don't see any option of her getting a Philippine passport with her current status.   

 

Only options are; 

 

1) Get past legal status in the USA, which isn't likely at this time either.   

2) Return to the Philippines, acquire her Philippine passport and start the petition process.  (which raises questions in itself)

[Crazy Cat 41,887]

1 minute ago, Hank_ said:

 

Correct.   Which is why I asked if she had applied earlier, and even that is "on hold" until the supreme court is done chewing on it.

 

And I don't see any option of her getting a Philippine passport with her current status.   

 

Only options are; 

 

1) Get past legal status in the USA, which isn't likely at this time either.   

2) Return to the Philippines, acquire her Philippine passport and start the petition process.  (which raises questions in itself)

To me, # 2 seems more realistic......but will not be easy or fast.

[randomperson2 5]

1 minute ago, Lucky Cat said:

Can you be considered "inspected" when you entered illegally?   Have you consulted an attorney?

I really don't know, I didn't choose for my life to go like this and to have problems like this. All of my problems now is caused by faulty decisions by my MOM 19 years ago, but i think she just had an American Dream per se . Currently the passport we used to enter the US as well as the I-94 is being sent to us , well i hope it gets here after the corona virus ends.

[randomperson2 5]

2 minutes ago, Hank_ said:

 

Correct.   Which is why I asked if she had applied earlier, and even that is "on hold" until the supreme court is done chewing on it.

 

And I don't see any option of her getting a Philippine passport with her current status.   

 

Only options are; 

 

1) Get past legal status in the USA, which isn't likely at this time either.   

2) Return to the Philippines, acquire her Philippine passport and start the petition process.  (which raises questions in itself)

I'm a HE lol, I guess i can face a 10 year bar? ( is that applicable even if the passport i used isnt in my name) then be petitioned by my wife. Honestly though I don't know how to start over there, What opportunity or what kind of life would i have in there? 

[Just Paul 4,595]

2 minutes ago, randomperson2 said:

I'm really desperate i'm already considering walking to Mexico and go to the Philippines using that way, since technically i have no record of ever entering the US under my real name as i entered through false documents. but i think the biometric systems will caught up and honestly as i've stated in another thread. I don't have the guts. I really hope that'll the consulate will open soon so i can discuss mine and my mom's options. I'll get a lawyer as soon as i've saved up.

I'm also a Mexican permanent resident.  Leaving via Mexico won't fix anything.  In fact you actually run the risk of being jailed trying to leave Mexico.  (they still take being illegally in the country seriously) While you can enter Mexico by land without a passport you cannot leave Mexico without a passport or travel document.   Mexico has outbound passport control and you won't have a FMM form for your entry.  https://www.mexicotouristcard.com/

 

You need to address the issues from the US side.

[Hank_ 9,174]

7 minutes ago, randomperson2 said:

If you have viewed my profile you might notice that i accidentally left some details. The Passport we used belonged to a family member, They sent it via Postal today and i hope that i'll receive it after the Virus. They sent both the Passports and the I-94s that will serve as proof that we were "Inspected" at the POE, I never applied for DACA as for lack of documents. I am still a filipino, I have been studying by means of a non-disclosure scholarship. I have a PSA Birth Certificate and Baptismal that proves i was born in the Philippines and my USA High School Transcript that states that my nationality is Filipino. My mother is a different story though as she continued using the false identity or "Baklas Passport" documents in means of getting a SSN and other documents before sending the passport back to the philippines. According to the I-94 we (assumed the name on the passports) are authorized to stay until August 2003. I have no ssn today as H$ wasn't qualified to have one, since then in school and drivers licenses i have been using my real name and documents.

I was aware of how your entered the USA ... 

 

YOU can not use that passport or I-94 !!!  That is FRAUD as it is not your passport!     Fraud can get you a lifetime ban.

 

You have been married 5 years, how does your husband file taxes as a married couple if you do not have an SSN ?   Or is he filing as single?