My parents came to the United States on Visitor Visa and while they were here, I filed for their I-131 + I485(through adjustment of status filing). Because of the I-485 filing, they have to stay here until they receive their Green card.

Now, during this waiting period, their B2 visa has expired. So all I have is their I-485 receipt on name or Proof of legal stay in the United States. Meanwhile, their passport from my home country is expiring soon and I am applying for a new passport and sending the application to the embassy here in the United States. Now, they are asking me for proof of legal stay, which to me is the I-485 receipt. Now, I am worried that what if Indian Embassy does not understand(or respect) the I-485 receipt as proof of legal stay?

Now, I do have the following questions:

  1. Do my worries have a fair ground?
  2. If so, how do I convey it to the Indian embassy in the United States that I-485 is actually proof of legal status?
  3. Should I provide any documentation from the USCIS which clearly states that? If so, what should I present?
  • If the consulate does not consider her to have proof of legal stay, they will still allow her to apply for an Emergency Certificate, a passport-like booklet that serves as a valid travel document for return to India. Will that serve her purposes?
    – user102008
    Feb 14, 2021 at 17:49
  • May be, but consulate gave an example saying that if you applied for B2 extension and you have receipt from USCIS then it should be fine. I’m thinking, if I can extend that logic to I-485 receipt. Because B2 extension receipt is also not a legal status if your current visa is expired and you are awaiting decision from consulate.
    – Lost
    Feb 14, 2021 at 17:56


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