Impact of Passport expiration on visa and AOS

[Nilokas]

Hi everyone,

I'm currently living in the US (NY) and my French passport will expire on May 6, 2019. I'm currently working in the US via a E2 visa, sponsored by my current employer but I have a I-485 in process (family based - I'm married to an American citizen) for which I already received an EAD and Travel authorization. I have a few questions regarding the impact of the expiration on the different documents / processes:
1) Regarding my current E-2 visa, the visa itself is stamped in my passport. What should I do with it when I change my passport? Do I need to wait for the new passport to arrive before updating the visa? Or is my new passport supposed to arrive with the E2 visa already in it? How does the process work? Can everything be done from the US (I know that a simple passport renewal can be done at the French embassy, but I don't know when there is a visa involved)
2) When I change my passport due to expiration, do I get to keep the old one? (I may need it for the AOS process I've started?)
3) All documents/forms related to the I485/AOS process are based on my current passport number, etc. What would be the impact if I renew my passport while the process is ongoing? (e.g. what if they ask for an interview and realize the passport is not matching anymore?)

Thanks for the help!

[bobm445]

You have an EAD now. Your Visa is not important. My wife is from the Philippines. When we had to renew her passport we went to the embassy and did the proper paperwork. When the Passport arrived we opted to get it by mail as we live in Boston Area and Embassy is in New York. What we had to do was mail the old passport with a self addressed envelope (priority mail) to them. When they got the old passport they punched holes in it to cancel it and both old and new back to us. I wouldn't worry about your visa for now. You Have An EAD which allows you to work in the us pending your green card.

[okccanary]

Visa still Valid in old passport just have to keep it with new

Hi everyone,

I'm currently living in the US (NY) and my French passport will expire on May 6, 2019. I'm currently working in the US via a E2 visa, sponsored by my current employer but I have a I-485 in process (family based - I'm married to an American citizen) for which I already received an EAD and Travel authorization. I have a few questions regarding the impact of the expiration on the different documents / processes:
1) Regarding my current E-2 visa, the visa itself is stamped in my passport. What should I do with it when I change my passport? Do I need to wait for the new passport to arrive before updating the visa? Or is my new passport supposed to arrive with the E2 visa already in it? How does the process work? Can everything be done from the US (I know that a simple passport renewal can be done at the French embassy, but I don't know when there is a visa involved)
2) When I change my passport due to expiration, do I get to keep the old one? (I may need it for the AOS process I've started?)
3) All documents/forms related to the I485/AOS process are based on my current passport number, etc. What would be the impact if I renew my passport while the process is ongoing? (e.g. what if they ask for an interview and realize the passport is not matching anymore?)

Thanks for the help!

1. I accidently damaged my old passport a few years back by getting it wet and had to renew it but the visa stamp inside it was undamaged. When I researched it I believe that the visa is still valid despite being in an old passport(as long as it is not damaged) and you just have to have both of your passports when you travel to show security.

2. I am British and every time I renew my passport I always get my old one sent back separately. This also happened with my wife who recently updated her US passport. I assume this is the norm for everyone.


3. Not sure about this, you may need to send in paperwork updating or you may just have to keep your old one and take it with you to the interview with your new one.

The only other thing is I would update my passport sooner rather than later as it can take a month or later to renew if you are not paying for it to be rushed and if you definitely don't have your interview anytime soon. Otherwise I would wait until after the interview unless you need to travel overseas.

[outsidebones]

1. I accidently damaged my old passport a few years back by getting it wet and had to renew it but the visa stamp inside it was undamaged. When I researched it I believe that the visa is still valid despite being in an old passport(as long as it is not damaged) and you just have to have both of your passports when you travel to show security.

2. I am British and every time I renew my passport I always get my old one sent back separately. This also happened with my wife who recently updated her US passport. I assume this is the norm for everyone.


3. Not sure about this, you may need to send in paperwork updating or you may just have to keep your old one and take it with you to the interview with your new one.

The only other thing is I would update my passport sooner rather than later as it can take a month or later to renew if you are not paying for it to be rushed and if you definitely don't have your interview anytime soon. Otherwise I would wait until after the interview unless you need to travel overseas.

I renewed my passport while in the UK as it was going to expire. I contacted USCIS and asked if they needed the new one, and they said, no, but bring it to the interview. Should not be an issue

[Nilokas]

Thanks everyone for the answers, much appreciated!

[Enub4]

I answered but lost the information. For some reason I had to login again (new in this forum).

Basically:
- you renew your passport, will be without visa
- you keep your old passport with visa
- I think if you travel outside the USA, you will need your new passport and EAD to enter back. You no longer enter with your visa
- the process continue as normal
- when you go to your interview, you bring the passport you used to fill the forms, and the new one.

Some consulates will give you the passport the same day, some will take a few weeks, it all depends on how they do things.

My passport will expire in June 2019 and I just did the biometrics. I always renew my passport before it expires, even if I don't need to travel.

[BluePanther]

Thanks everyone for the answers, much appreciated!

Enub’s answer is the best one. When you renew your passport at the embassy you need to inform them that you request to keep the old passport because your visa is inside. They will have to invalidate the passport so you should ask them to invalidate the passport but not the visa page so you can continue to use the visa.

Contrary to some of the earlier answers the visa is the only document that currently makes you eligible to stay in the USA. The EAD allows you to work, but the EAD does not give you right to be in the USA per se.

Better safe than sorry!

For the interview you probably need to bring both the old passport (which matches the application) and the new passport (valid id). If you are unsure on this one, probably a good question for an immigration attorney (you can ask the lawyer supporting your current E visa).

If your visa expires prior to the green card approval, you can ask the employer to request extension of the visa. This will be included in the new passport. If you do not yet have the new passport when you request the visa extension, you should be able to start the process with the old passport and provide updated passport information as soon as you have the new passport.

[Nilokas]

Enub’s answer is the best one. When you renew your passport at the embassy you need to inform them that you request to keep the old passport because your visa is inside. They will have to invalidate the passport so you should ask them to invalidate the passport but not the visa page so you can continue to use the visa.

Contrary to some of the earlier answers the visa is the only document that currently makes you eligible to stay in the USA. The EAD allows you to work, but the EAD does not give you right to be in the USA per se.

Better safe than sorry!

For the interview you probably need to bring both the old passport (which matches the application) and the new passport (valid id). If you are unsure on this one, probably a good question for an immigration attorney (you can ask the lawyer supporting your current E visa).

If your visa expires prior to the green card approval, you can ask the employer to request extension of the visa. This will be included in the new passport. If you do not yet have the new passport when you request the visa extension, you should be able to start the process with the old passport and provide updated passport information as soon as you have the new passport.

Thanks, a follow-up question:

If the EAD only allows me to work in the USA but not to be there, how am I supposed to be able to use it? Because if I were to use it (i.e. seeking employment with another employer), then my current E2 visa would be revoked by my current employer (I dont see why they would continue to sponsor me if I don't work for them anymore), therefore forcing me to leave the US? What is the point of the EAD then?

Thanks

[BluePanther]

Thanks, a follow-up question:

If the EAD only allows me to work in the USA but not to be there, how am I supposed to be able to use it? Because if I were to use it (i.e. seeking employment with another employer), then my current E2 visa would be revoked by my current employer (I dont see why they would continue to sponsor me if I don't work for them anymore), therefore forcing me to leave the US? What is the point of the EAD then?

Thanks

Great question and I am not sure. I think someone else answered that being in AOS process and having EAD is enough, but my company’s lawyers made me renew my L1 visa despite being in AOS and EAD. Perhaps it is more than required and the lawyer did unnecessary action to make extra money, but in this type of situation I would rather play safe and ensure I am not overstaying in order to prevent any risk to AOS.

[bobm445]

Great question and I am not sure. I think someone else answered that being in AOS process and having EAD is enough, but my company’s lawyers made me renew my L1 visa despite being in AOS and EAD. Perhaps it is more than required and the lawyer did unnecessary action to make extra money, but in this type of situation I would rather play safe and ensure I am not overstaying in order to prevent any risk to AOS.

my wife overstayed her B2 visa by 24 years. Once you are married to a USC and file for adjustment of status and go through the background checks you get your EAD and AP they are not going to deport you. They have bigger fish to fry. Unless you have committed a deportable act (crime, voted etc) you are pretty much safe.

[miiki]

Just answering your visa question. Before applying for AOS, my husband carried both the new passport and the expired one with the visa in it when traveling. He was told by the consulate in his country that they wouldn't stamp his new passport until he needed to reapply for the visa.

When traveling after AOS with the AP, his still valid visas (P1 and B2) didn't/don't matter one bit because you'll be paroled in. Always present your AP. You can work anywhere now with the EAD with no restrictions, so your E visa doesn't even apply anymore. I'm sure the other poster's lawyers wanted to maintain the work visa so that if for any reason the AOS is denied, they can still fall back on the visa and continue living and working in the US.

Your AOS application allows you to be in the US while it's pending. AP allows you to leave/reenter the US without abandoning your AOS.

[BluePanther]

Just answering your visa question. Before applying for AOS, my husband carried both the new passport and the expired one with the visa in it when traveling. He was told by the consulate in his country that they wouldn't stamp his new passport until he needed to reapply for the visa.

When traveling after AOS with the AP, his still valid visas (P1 and B2) didn't/don't matter one bit because you'll be paroled in. Always present your AP. You can work anywhere now with the EAD with no restrictions, so your E visa doesn't even apply anymore. I'm sure the other poster's lawyers wanted to maintain the work visa so that if for any reason the AOS is denied, they can still fall back on the visa and continue living and working in the US.

Your AOS application allows you to be in the US while it's pending. AP allows you to leave/reenter the US without abandoning your AOS.

Makes sense :-)

[Nilokas]

Thanks everyone for the answers, it does make sense and it's very helpful !