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Passport Expiring soon filling for I 485

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  • Passport Expiring soon filling for I 485

    Today some one at my work place said to me that i may have problems getting EAD if my passport is expiring in 6 Months when filling I 485. My passport is expiring in February which is about 4 months from now and my dates are current. Can some one please let me know if it really matters if i file I 485, EAD, AP with my passport expiring in 4 Months. I checked passport renewal timings but it seems it depends from case to case some got them in 3 days and some 3 months. Can some one through similar scenario guide me what is the process to do it.

  • #2
    It would matter if you were applying for the employment authorization from a consulate abroad since they typically require that you have a passport that is valid at least six months into the future. If you are already in the US on an employment-based or other type of non-immigrant visa, maintaining a valid passport at all times while you are here may be one of the requirements for keeping within the terms of the visa. However, for adjustment of status I don't think they care all that much about the currency of the passport. I was never asked for my current passport when I did my I-485 and EAD applications or when I interviewed for my GC. What they DID require was the expired passport that included the visas, I-94, and immigration entry stamps from when I last entered the country. I have read in other posts where people said that the IO who interviewed them for the GC stamped their current passports during the interview. When I did my GC interview I asked the IO about that. She said they do that stamping if the applicant did not apply for an EAD/AP because the stamp is temporary proof of lawful presence and permission to work until the applicant actually receives the GC.

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