I entered the USA legally on L1 Visa. I'm married to the US Citizen and wanted to apply for green card through her. Just a day before I could apply for green card, someone broke into the window of my rental car and stole laptop bag that had passport in it. I carry my Canadian passport with me everytime I fly in the US since the elections.
It will take a month to get a new Passport, I don't want wait that long before sending in my green card application. My question is, can I do that or should I wait to get a new one and then file for green card application?
If you have no evidence of your lawful admission to the U.S. you cannot file for adjustment of status.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
You can file, but it will delay processing.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
You can provide I-94 as proof of legal status. Do you have at least copies of your passport ID page and L-1 visa? Did you report the theft? If so, you can file, but a change in passport number will complicate things. I recommend waiting and using the time preparing your AOS file with your attorney.
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