Asked in Immigration Law for California

Q: After the immigrant visa interview, we renewed a Mexican Passport since less than 6 months vailidity, how to fix DS-260?

Out immigrant visa case was in administrative review after the interview in Juarez Mexico; however, my wifes Mexican visa was going to have less than 6 months validity. The issue I'm seeing is that the DS-260 form was filled out with the now old passport number since the new one was renewed due to the fact that it would have less than 6 months validity. They asked us to provide a valid passport, and even though the new passport is valid, its not the same one on the DS-260 application. How do we address this now that we have had the immigration interview, they are only asking for a valid passport, but the valid passport is not the same as the one used to apply for on the DS-260? Do we submit a new DS-260, do we ask to correct the change of information, do we provide both old and new passports in the mail with a letter of explanation?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: When you find yourself in this situation, the best approach is to be clear and transparent with the consulate. You don't need to submit a new DS-260. Instead, provide both the old and the new passports along with an explanation. Make sure the consulate understands that the new passport was issued because the original one would have been expired soon.

In the letter, explain that the DS-260 was completed with the old passport's details, but the new passport is now valid and should be used moving forward. Include any relevant supporting documents, such as a copy of the renewal notice or both passports, and mention this in your explanation.

Since they requested a valid passport, as long as you provide the new one with a clear explanation, it should resolve the issue. Stay in touch with the consulate if needed to ensure they received everything.

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