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Can i apply for adjustment of status if i don't have any valid identification? ( and right now i can't obtain one)

Reston, VA |

I overstayed my visa, i got married and now i wanna try to adjust my status.
I already spoke with a lawyer and he told me that i am eligible to adjust my status to green card. The problem is that at the time when i was speaking with him i had а valid ID and passport which are now expired. I tried to renew my passport, but i can't.
The question is: do i need any valid, non-expired identification for all that process.
I was also reading that for the biometrics appointment at the ASC the applicant should bring the appointment notice and a VALID piece of identification, which i don't have and unfortunately i'm not able to obtain one. Pls help.

Attorney Answers 3


Expired photo ID documents are still photo id documents unless baby picture for an adult. USCIS and ASC (biometrics) need to confirm that you are you. I would apply for a current passport however.

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law

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The expired documents may still be used under the circumstances. However, I'd be concerned about sending your new passport.

Remember, your passport has your expired visa and your I 94 card. Those are very important documents. Don't lose them! Otherwise, you may not be able to adjust status.

This is general information, not legal advice, and does not create an attorney client relationship.

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Identity is always an issue Without valid ID, regardless of whether it is expired, and proof of the manner of entry, you will not be able to adjust

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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