Canadian with no passport/overstay in US

[Dee1020]

My wife and I are having our AoS interview in a month and i was just wondering if I would be ok if i did not have a passport. And also, I have overstayed in the US.

Please comment. Thank you.

[thetreble]

I don't know anything about your passport issue. I would assume a lot of people use their passport as identification when they file the AOS so if you didn't have it when you filed, does it matter now? You should really apply for a Canadian passport if you have not yet and right now, they are backlogged for up to 6 months (especially it seems to Canadians in the US applying from the US)

Also, your "overstay" doesn't really matter if you filed for your AOS. I also have over stayed my 6 months as a tourist at this point but my lawyer said as soon as you file the 485 it doesn't matter anymore.

[canadianinmd]

IT would be advisable to get a passport. It will make your life a lot easier.
But as long as you have a birth certificate, maybe a valid drivers license (a valid picture ID ) you should be fine.
The only thing is, if you FLY outside the states you need a passport. If your driving to Canada a passport is not required (yet).

[Dee1020]

Thank you for replying.

You guys suggest that I should go back to Canada to get my passport. I wish it was that simple. The problem is. To get a passport in Canada, I believe I need to get proof that I've been living in Canada for more than 2 years. Which I do not have. Also, my lawyer suggests that I do not leave the States while in the middle of doing all this. If you're all wondering how long I been in the States, I've been here for more than 7 years. My wife and I just got married this year and started filing all the paper works this year. But bottom line is...you guys really think I'll be ok without a passport and that I overstayed in the U.S? Oh yeah, I do have all of my other paper works like Canadian Citizenship/Drivers license etc...but no social security number =(.

Anyway, thank you for the ones that replied. Any other suggestions or replies...please feel free to do so. Thank you very much.

Dee

[thetreble]

Well first off, you can't fly home. You need a passport to fly home.

If you want to drive home, that would be okay. Take your Canadian birth certificate to the border. And take your receipt notices of your AOS stuff to show the Canadian border patrol that you are applying for a Green Card in the US. There is no way you can have a valid Canadian drivers license if you have been living in the US for 7 years. I thought they expire every 5 years or so and you have to renew? What is the date on the back of yours? Don't show it at the border if it's expired. I guess you would have to have a valid driver's license if you drive. Hmmm. Were you living in the US illegally all this time or were you on a Visa?

To get a passport in Canada you do not need "proof" you having been living in Canada for two years. You need a guaranteer that can prove they have known you for at least 2 years to verify your identity. You can apply for a Canadian passport here in the US while you are waiting(send it online) as you cannot go home now that you filed your AOS unless you hold another type of visa in your hand like (HB-1, etc) or you have your Advanced Parole document which you won't have if you just filed.

[Dee1020]

Well first off, you can't fly home. You need a passport to fly home.

If you want to drive home, that would be okay. Take your Canadian birth certificate to the border. And take your receipt notices of your AOS stuff to show the Canadian border patrol that you are applying for a Green Card in the US. There is no way you can have a valid Canadian drivers license if you have been living in the US for 7 years. I thought they expire every 5 years or so and you have to renew? What is the date on the back of yours? Don't show it at the border if it's expired. I guess you would have to have a valid driver's license if you drive. Hmmm. Were you living in the US illegally all this time or were you on a Visa?

To get a passport in Canada you do not need "proof" you having been living in Canada for two years. You need a guaranteer that can prove they have known you for at least 2 years to verify your identity. You can apply for a Canadian passport here in the US while you are waiting(send it online) as you cannot go home now that you filed your AOS unless you hold another type of visa in your hand like (HB-1, etc) or you have your Advanced Parole document which you won't have if you just filed.

Thanx for the advice on how to get a passport. The thing is, I do not have a
guaranteer that can prove that has known me for 2 years. As for me being here illegally or on visa. I would say illegally. I do not know much about this, but when i came to the States, i didn't need a visa. I was able to fly/drive over here without a problem. Then again, that was a few years back.

But all this isn't what I care about. I mainly just want to know if I would have a chance of gettin approved at the AoS interview without a passport, and that I overstayed. Thats mainly what I want to know. I could careless if I can go back to Canada right now or not. Thank you.

[thetreble]

Well for most people, as soon as they file their AOS application their "over stay" doesn't matter anymore. However, you overstayed quite some time. Do you have an attorney? I can't really give you much more advice on the situation or I would be misinforming you.

Most people take their passports to the interview so the passport can be stamped. I am pretty sure it's required for identification.

https://www.immihelp.com/adjustment-of-status-interview/

[canadianinmd]

here is a bit of info

Here is a bit of info i found from a reliable site.
Obviously, you should not leave the country until you get approval (according to this)
A good immigration lawyer is your key right now.



Any person who has overstayed should discuss the possible implications of the violation with an immigration attorney, particularly in terms of the consequences of departure after an extended period of overstay. If the person has been in the U.S. unlawfully for 180 days or more, there is likely a three-year bar to reentering the U.S. This increases to a ten-year bar on reentry if the person is unlawfully present in the U.S. for one year or more. Every period of overstay does not necessarily mean a person has been unlawfully present, subjecting him/her to the three- or ten-year bar. It is important to consult with an immigration attorney to determine this critical distinction. One must understand that just because the USCIS has issued an AP document, if the person is subject to the three- or ten-year bar, the AP document does not cure the problem.

[canadianinmd]

My wife and I are having our AoS interview in a month and i was just wondering if I would be ok if i did not have a passport. And also, I have overstayed in the US.

Please comment. Thank you.

You are fine. I did my interview with my wife with no passport and had no problem.
I basically had other identity to show who I was..if you have that then you are fine.

[Dee1020]

Thank you for your help guys.

[carolinem]

need passport

I am a Canadian also living in MD. I just had my interview this past Thursday and yes you need your passport. There is no point in even attending the interview without one, as they will ask for it and if you do not have it they will not continue the interview until you have one.

You can apply for a Canadian Passport while residing in the USA. You can download the forms online and have a Guarantor in the USA sign for you. If you do not have a Guarantor there is away of doing it without one, it is explained in the forms you download from Passport Canada. Just make sure the pictures you get taken for your passport meet the Canadian Passport requirements, as they are different than USA Passport requirements. This information is also available on Passport Canada website.

Good Luck

[Dee1020]

I am a Canadian also living in MD. I just had my interview this past Thursday and yes you need your passport. There is no point in even attending the interview without one, as they will ask for it and if you do not have it they will not continue the interview until you have one.

You can apply for a Canadian Passport while residing in the USA. You can download the forms online and have a Guarantor in the USA sign for you. If you do not have a Guarantor there is away of doing it without one, it is explained in the forms you download from Passport Canada. Just make sure the pictures you get taken for your passport meet the Canadian Passport requirements, as they are different than USA Passport requirements. This information is also available on Passport Canada website.

Good Luck

Ok, now I'm confused. One person say they did their interview without a passport and was ok with it. Then another say you need it. Now im starting to get worried lol. Anyone know for a fact you need it or not?
Becacuse if you need it, then I'm screwed bascially unless if I apply for a passport now, and it comes within a month. Because my interview is just a month away.

[carolinem]

Phone the customer service number that is listed on your notice of interview paper you received and ask them. What ever answer they give you make sure you ask for their employee I.D. and keep it on record just incase when you go for the interview you have proof that you called C/S.

[thetreble]

I know Canadianinmd said he didn't have a passport but he was also on a Visa. Were you on a visa prior to this?

I do agree with Carolinem though. It seems strange to me that they would not have to see the passport from your own country which really proves your identity and citizenship.

[Dee1020]

I know Canadianinmd said he didn't have a passport but he was also on a Visa. Were you on a visa prior to this?

I do agree with Carolinem though. It seems strange to me that they would not have to see the passport from your own country which really proves your identity and citizenship.

Like I said, I do have everything else. Like my Canadian Citizenship, Drivers License, Birth certificate and Health card. Wouldn't that be enough to prove my identity. By the way, I do have a good immigration laywer. You guys are probably wondering why I shouldn't be talking to him instead of on here. Well I am seeing him this weekend. I just like to hear other peoples' advices and such. Hope you guys understand. I am very anxious for my AoS Interview. Oh also, I was just approved for my work authorization yesterday. Why you they approve that if I would have any problems with the passport and the overstaying. Just wondering. Please comment. Thank you very much.