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Renewing Indian passport in US when AOS pending

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  • Renewing Indian passport in US when AOS pending

    Can we renew Indian passport while AOS pending for greencard in USA? Or should we return to India and get the passport renewed and apply for AOS.
    Asking this before applying for adjustment of status in US.
    Pls note: This is for parents on visitor visa from India.
    Last edited by archy; 02-01-2017, 01:10 PM.

  • #2
    A valid passport is not needed for AOS. They do need some kind of ID for biometrics, so hopefully the passport will be valid until then. Apply for EAD with AOS so that the EAD can serve as an ID once it is received. It's unclear whether Indian consulates will renew passports with AOS receipt or an EAD as proof of legal status.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by archy View Post
      Can we renew Indian passport while AOS pending for greencard in USA? Or should we return to India and get the passport renewed and apply for AOS.
      Asking this before applying for adjustment of status in US.
      Pls note: This is for parents on visitor visa from India.
      Hi, Were you able to resolve this situation? I'd like to hear what you did with regards to this issue. I am facing a similar issue.

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      • #4
        Originally posted by vn1977 View Post
        Hi, Were you able to resolve this situation? I'd like to hear what you did with regards to this issue. I am facing a similar issue.
        As mentioned earlier, AOS is assigned to you, not to your passport, you can renew & get a new passport in between the process.
        - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

        If my opinion helping you, then please do click "like" button below.

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        • #5
          Originally posted by Libra_14 View Post
          As mentioned earlier, AOS is assigned to you, not to your passport, you can renew & get a new passport in between the process.
          I believe the issue may be that India might not renew passports abroad for people who are out of status or are in a short-term status like visitor status; they may only issue an emergency travel document for return to India.

          This is my personal opinion and is not to be construed as legal advice.

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          • #6
            Originally posted by newacct View Post
            I believe the issue may be that India might not renew passports abroad for people who are out of status or are in a short-term status like visitor status; they may only issue an emergency travel document for return to India.
            Indian embassy do not check your current status in foreign country, when you apply for renew of visa - I renewed my passport 2 times.
            - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

            If my opinion helping you, then please do click "like" button below.

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            • #7
              Originally posted by Libra_14 View Post
              Indian embassy do not check your current status in foreign country, when you apply for renew of visa - I renewed my passport 2 times.
              This is incorrect. You are explicitly asked to submit documents supporting your valid status in the US (and submitting a receipt notice from USCIS if for e.g., a status change or extension petition is pending with them is OK). If you state that you do not have a proof of valid status, then you are asked to submit a letter from the embassy/consulate authorizing the issue of passport by the agency that collects your documents for submission (Cox & Kings).
              Just an opinion; Not legal advice.

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              • #8
                Originally posted by scientist2016 View Post
                This is incorrect. You are explicitly asked to submit documents supporting your valid status in the US (and submitting a receipt notice from USCIS if for e.g., a status change or extension petition is pending with them is OK). If you state that you do not have a proof of valid status, then you are asked to submit a letter from the embassy/consulate authorizing the issue of passport by the agency that collects your documents for submission (Cox & Kings).
                Thanks Scientist, good to know that.
                - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

                If my opinion helping you, then please do click "like" button below.

                Comment


                • #9
                  Can the Indian Passport be renewed with AOS pending receipt in USA? Any updates on this discussion. I am planning to file for my parent's green card but my mothers passport is expiring in 5 months time.

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