Miami, FL asked in Immigration Law for Florida

Q: I lost my passport while a petition was on filing for me. How will it affect the process?

There is a pettition in process for me, but i have lost my passport from my birth country. It was the same passport used to start the filing. I am now trying to replace the lost passport. How will this affect the process? I have not gotten a finger print date yet.

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1 Lawyer Answer

A: If you also filed an Application to Adjust Status with the petition to which you refer, presumably a Petition for Relative, then U.S. Citizenship & Immigration Services will want to see at the adjustment of status interview your proof of entry documents (e.g., passport with entry stamp, I-94 record). If you did not provide with your Application to Adjust Status copies of your passport and I-94 record, do you still know what your passport number was? You can try to retrieve your I-94 record from the U.S. Customs & Border Protection (CBP) website: https://i94.cbp.dhs.gov/I94/#/home If you explain that your passport was lost (perhaps consider filing a police report), the I-94 record may suffice to demonstrate that you were originally inspected and admitted. If you are not pursuing an adjustment of status case, then I would not be too concerned about the lost passport (although you may still wish to file a police report). Concerning a "finger print date," to which you make reference, this suggests that you did file an Application to Adjust Status, as biometrics appointments are not scheduled for stand-alone Petition for Relative cases. If/when you are scheduled for biometrics, you will need to show a valid, government issued photo ID. It does not need to be the passport you used to enter the U.S. It can be, for example, a driver license or new passport. For additional information, consider scheduling a consultation with a competent immigration attorney, particularly if you are seeking adjustment and never provided with the adjustment application proof of your initial lawful entry and inspection.

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