How can we renew an Indian passport while the I-485 is pending? - EB5Investors.com

How can we renew an Indian passport while the I-485 is pending?

My mom entered the U.S. on B-1/B-2 in Feb. 2023 and we applied for her AOS (I-485/130/131) concurrent filing in June. Still waiting on all three petitions as they are in process. We have a situation now as her Indian passport is expiring in April 2024. Can she renew her Indian passport here in the USA with a green card petition pending, on a valid B-1/B-2 visa? If this is not possible, what should we do? I’m trying to contact the Indian embassy but no luck so far.

Answers

Julia Roussinova

Julia Roussinova

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If your mom has a pending I-485, she is in an authorized period of stay by the attorney general regardless of whether I-94 is expired after her entry on a valid tourist visa. She should be able to renew her Indian passport. She should not travel outside the US until she receives her advance parole card.

Matthew Kolodziej

Matthew Kolodziej

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

There is no problem with renewing your passport while an adjustment of status application (I-485) is pending. Whether she can renew it here in the US, or whether she will have to leave, is up to the Indian embassy. Remember she cannot travel with her B1/B2 visa while her I-485 is pending, however, and will have to wait to get her combo card (EAD and travel document, forms I-765 and I-131) to travel.

Steffanie J Lewis

Steffanie J Lewis

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Seek renewal at the Indian Embassy. Should be no impediment that EB-5 and adjustment of status are pending.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Yes, she should renew her Indian passport by whatever way India indicates to do this. Some countries allow online and others require a trip back which she shouldn’t do until she gets her travel permit.

Rani Emandi

Rani Emandi

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Yes, you may contact the Indian embassy in Washington and follow the process.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.