I know details has not been released yet and it is way too early to discuss this but if you can answer with your best knowledge based on previous cases, I would be really appreciate it.
I know that they will be going through identification and check ups. Do you need active passport that isn't expired? I can't make a new one cause someone sued me back in my country about some personal minor issue.
Will they consider expired passport and birth certificate? Or do I certainly need one?
As you have pointed out - there is no reform, yet. Typically you need a passport, but many people have an expired passport. You do not need to send the old passport to your country, you can in most (not all circumstances and countries) renew your passport through the Embassy in the US. Always make sure that you have copies of your passport.
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I agree with my colleague. The only thing I would add is to make a complete copy of your current passport prior to sending it off to be renewed. If your country of citizenship issues a brand new passport, you could possibly lose valuable evidence regarding your entry into the United States, if you did in fact make a legal entry. That being said, definitely try and see if you can obtain a renewed passport and continue watching the news as the issue of reform has picked up steam.
There is no way to know what documents will be required with comprehensive immigration reform, if it passes. However, in the past -- no passport was needed under the 1986 amnesty law. Also for the recent administration program of DACA -- Deferred Action for Childhood Arrivals -- no passport is required, only idenification. You should try to get some type of current photo ID document that is valid. An expired passport may work if you can't get anything else. Mexicans, for example, can obtain a consular ID from a local Mexican consulate.
I agree with my colleagues. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .
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