Passport renewal in USA w/o visa

[dwija21]

I am currently in the USA holding a valid H1 visa and possess Canadian Permanent Residency (PR) status. However, my partner is currently in the USA without legal status, and his Indian passport recently expired last month. We are in the process of preparing a spousal sponsorship application for him. Our immediate concern is renewing his passport, but he lacks the necessary document—a valid visa—to do so.

I would like to inquire whether there is a possibility of presenting the spousal PR application as a supporting document during the passport renewal process at the VFS office. If anyone has faced a similar situation, your insights would be greatly appreciated, as this matter is quite time-sensitive.

Additionally, is there a potential option to initiate the application process using the expired passport and, once he receives an Invitation to Apply (ITA), present this document at the VFS office for passport renewal? Furthermore, does anyone have any information on the typical duration of the renewal process in such circumstances?

 

[scylla]

I am currently in the USA holding a valid H1 visa and possess Canadian Permanent Residency (PR) status. However, my partner is currently in the USA without legal status, and his Indian passport recently expired last month. We are in the process of preparing a spousal sponsorship application for him. Our immediate concern is renewing his passport, but he lacks the necessary document—a valid visa—to do so.

I would like to inquire whether there is a possibility of presenting the spousal PR application as a supporting document during the passport renewal process at the VFS office. If anyone has faced a similar situation, your insights would be greatly appreciated, as this matter is quite time-sensitive.

Additionally, is there a potential option to initiate the application process using the expired passport and, once he receives an Invitation to Apply (ITA), present this document at the VFS office for passport renewal? Furthermore, does anyone have any information on the typical duration of the renewal process in such circumstances?

I don't know if this is possible. Have you tried contacting the VFS?

Note that you will not be able to submit the spousal sponsorship until you have moved back to Canada permanently.

FYI - There is no ITA with spousal sponsorship.

 

[dwija21]

Hi @scylla
Thank you for your response. I am planning to move to Canada to start the application, so that is not a problem.
Also, I tried reaching VFS NY, but no luck; I cannot reach them. I contacted the Indian Passport Government offices too, but even they didn't have any answers. I tried calling the Canadian Embassy too, but I guess luck is not on our side.

I will still continue contacting VFS NY, I also plan on visiting them in the worst case, and hopefully I will get a way to renew his passport without a US Visa and with a PR application document. We are aware that the best bet is for him to just go to his home country and renew the passport; if we have no choice, we will go ahead with this option.

 

[scylla]

Hi @scylla
Thank you for your response. I am planning to move to Canada to start the application, so that is not a problem.
Also, I tried reaching VFS NY, but no luck; I cannot reach them. I contacted the Indian Passport Government offices too, but even they didn't have any answers. I tried calling the Canadian Embassy too, but I guess luck is not on our side.

I will still continue contacting VFS NY, I also plan on visiting them in the worst case, and hopefully I will get a way to renew his passport without a US Visa and with a PR application document. We are aware that the best bet is for him to just go to his home country and renew the passport; if we have no choice, we will go ahead with this option.

I don't think the Canadian Embassy is going to be able to help you at all. This has nothing to do with Canada. It's about India's rules with regards to passport renewals.

 

[dwija21]

I agree, but I just wanted to try everything possible so that we wouldn't miss or regret anything later.

 

[scylla]

Hi @scylla
Thank you for your response. I am planning to move to Canada to start the application, so that is not a problem.
Also, I tried reaching VFS NY, but no luck; I cannot reach them. I contacted the Indian Passport Government offices too, but even they didn't have any answers. I tried calling the Canadian Embassy too, but I guess luck is not on our side.

I will still continue contacting VFS NY, I also plan on visiting them in the worst case, and hopefully I will get a way to renew his passport without a US Visa and with a PR application document. We are aware that the best bet is for him to just go to his home country and renew the passport; if we have no choice, we will go ahead with this option.

Have you spent time researching the info available online? A quick search shows this:

Q:I am an Indian Citizen, at present living in San Francisco, USA, last week my visa status has been expired, what should I do to re-issue of my expired Indian Passport ?

A:To re-issue your Indian Passport we need your valid visa status, if you do not have valid visa status you can visit our website www.cgisf.gov.in and apply for Emergency Certificate (EC). If you already started the process of legalizing your stay in USA with USCIS then please submit your application along with notice of action issued by USCIS (i.e. I-797C etc.) based on this we will issue a Short Validity Passport (SVP), once you get your valid visa status you can apply for Full Validity of Passport (FVP).

https://www.cgisf.gov.in/page/faq-s-on-passport/

So that would seem to indicate that getting an actual passport renewed is not possible without valid status. All that is possible is an EC which is essentially a travel document that would allow someone to return to India.

 

[scylla]

I agree, but I just wanted to try everything possible so that we wouldn't miss or regret anything later.

So my suggestion is that you post to US immigration forums. You are far more likely to encounter people there who are in this situation (i.e. in the US illegally with an expired Indian passport) and who can advise what is and isn't possible. Good luck.

 

[dwija21]

Yes, I have been researching this quite a while now and have been looking for answers on the Canada VISA website and other places as well. I talked to friends in Canada as well who might have heard/faced similar situations.

Also, I came across a thread on this website, where a person was in a similar situation: his wife had no visa and an expired passport but was still able to get through it. I am trying to contact him. I see you were in the conversation as well. So might be familiar to you -

https://www.canadavisa.com/canada-immigration-discussion-board/threads/us-illegal-immigrant-apply-in-canadian-consulate-in-usa-for-canada-study-permit.201135/#post-6224211

Lastly, yes, we will have to go with the option you are suggesting, but before that, we just want to see if there's a possibility of renewal with the Canada PR application. I am just waiting to ask this question to VFS NY. As soon as they answer me no, I will immediately go for the back to my home country option.

Lastly, thank you so much for your help and responses. I really appreciate it!