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jigabodo

Possible expired passport and overstay prior to AOS interview

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Hello all,

I am currently an international student on F-1 visa in the States. My mother is a US citizen and filed a PR petition for me as "Unmarried sons and daughters of USC over 21". My PR priority date is around Aug 2009, meaning that the PR visa should be ready around sometime in 2016.

My status in the State is currently legal. I am to expected graduation on 2015 and my current passport expire on 2015 as well. However, due to conscription issues I WILL NOT be able to able to renew my passport once it expires, putting me in a huge limbo when my AOS interview comes up. This also means that I will not be able to maintain legal status in the States and will be overstaying.

My question is, will my overstay status and expired passport pose a significant issue during my AOS interview? I have my passport, it's just that they will no longer be "valid passports" when my interview time comes around. I also currently have State issued driving license (expires in 2018) if that helps any.

Thanks for all your help, I sincerely appreciate it!

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Overstay makes you ineligible for a GC. If you overstay, your AOS will be denied and you will be deported. Go home in 2015 and come back with the appropriate family visa.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Harpa Timsah is right. In your case, overstay would not be forgiven. You will have needed to maintain a legal status until it's time to file for AOS. Should this be impossible, you need to go back home and apply for a visa at a US consular post.

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Overstay makes you ineligible for a GC. If you overstay, your AOS will be denied and you will be deported. Go home in 2015 and come back with the appropriate family visa.

If the OP can't even renew their passport due to conscription issues, I think that going back would be the thing they are trying to avoid.

Edited by newacct

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The passport is not the issue. The issue is that, as you are in a non-"immediate relative" category, you need to be in legal status at the time you file for AOS.

Usually, F-1 students can get one year of OPT (more if STEM major) after they graduate (which will give you one year + 4 months of legal stay after graduation: OPT can start up to 60 days after graduation, and there is also another 60 day grace period after OPT if you complete it successfully), unless you've already used up your OPT at that degree level. Alternately, you may be able to find a "language school" to enroll in to maintain student status during the gap; however, I am not sure if they will approve it.

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If the OP can't even renew their passport due to conscription issues, I think that going back would be the thing they are trying to avoid.

That's exactly right.

It turns out that I can still get a passport valid for 6 months only once the current one expires in 2015 (they give it because I still need a passport to go back to my home country). Would I be able to use the "6 months only" passport to apply for OPT and maintain legal status in the States while I wait for my AOS interview?

I understand passport generally needs to be valid for at least 6 months when you enter the States or you will be denied entry, but I am already here in the States and just want to use that passport to get OPT.

Thanks again!

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