Can I get a Green Card with expired passport?

Asked over 1 year ago - San Jose, CA

Hi there,

My daughter filed for my Green Card while I was in the USA and I am still in the USA waiting for my green card.
My passport has expired.
I am expecting interview call in a couple of months and my passport has expired.
Will I need to get my passport renewed? Or can they give me Green card with my expired passport?

Thanks so much

Attorney answers (4)

  1. Irene Vaisman

    Contributor Level 20

    4

    Lawyers agree

    Answered . you can do this with an expired passport. if you choose to renew, make sure to keep copies of the old passport, visa page and I-94 card and to have "a passport" at your interview

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  2. Amanda Faye Mitchell Diaz

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    1

    Answered . You can get your green card with the expired passport. As my colleague just stated, you should bring the passport, your visa, and your I-94 card with you to your interview with the immigration officer. If you are approved at the interview, the officer can give you a stamp in your passport (called an I-551 stamp) to show that you have a green card while you wait for the actual card to come in the mail. In my experience, officers will put these stamps in expired passports so that you can show proof of status while you wait.

    Amanda M. Diaz
    www.MitchellDiazLaw.com

  3. Dean P Murray

    Contributor Level 18

    1

    Lawyer agrees

    1

    Answered . You would be able to use your expired passport. If you appreciate the time spent preparing this answer, kindly consider marking it HELPFUL. Also, please be sure to read my disclaimer below. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  4. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree that Ms. Vaisman is correct. In general, adjudicators are not supposed to place I-551 stamps in expired passports, because the passports are an invalid document unless renewed. In some areas, the USCIS will not put I-551 stamps in passports unless there are emergencies, such as travel to visit a very ill loved one or for other justified emergencies.

    At this point, it may be unwise to renew your passport, because you will need it at the interview with the I-94 card, which may be lost or misplaced by your consulate or embassy during the renewal process.

    If the adjudicator cannot make a decision, then you should not travel if you have been unlawfully present for more than 180 days, even if you have filed and received an advanced parole authorization to travel on your employment authorization card. Good luck.

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

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