Illegal immigrants married to U.S citizen,but expired passport. How to get green card?

Asked almost 3 years ago - Usk, WA

I came to America legally. But I overstayed for many years now. I recently got married with a U.S citizen. However, since I stay in America illegally for many years now. My passport has already expired. Is there anyway to obtain a new passport without going back to my home country?Or Do I have to have a valid passport to adjust my status?

Attorney answers (5)

  1. Lisa Ellen Seifert

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . Your passport is important, but not so important as your chance to become legal. Many people who overstay legalize their status --and they never renew their passport. You can do this. Please contact an attorney to help you get this done soon. Good luck.

    This is general advice, and does not constitute an attorney client relationship.
  2. Jennifer Doerrie

    Contributor Level 14

    3

    Lawyers agree

    Answered . Hello,

    In addition to Mr. Abbott's comments that you may be able to renew your passport from within the United States, you asked if it is necessary to have a valid passport to adjust status. Some immigration officers do prefer there to be a valid passport at the time of the interview and will request it, but the law does not require that your passport be valid at the time of your adjustment.

    Of course, you likely will need some kind of valid photo identification to complete the biometrics process (fingerprints and photos). Do you have other photo identification that is valid? If not, trying to renew your passport through your country's nearest consulate/embassy in the United States may be the best option to obtain the needed identification document.

    Best wishes,
    Jennifer

    Ms. Doerrie's answer to your question is general in nature, as not all facts and circumstances relating to the... more
  3. C. C. Abbott

    Contributor Level 20

    2

    Lawyers agree

    Answered . Your ability to get a passport is controlled by your country's regulations. You should contact your local country's Consulate or Embassy in US and ask for their process. This is regularly done for aliens within the US and should not result in any issue being brought forward.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to... more
  4. Eugene J. Glicksman

    Contributor Level 17

    1

    Lawyer agrees

    Answered . So long as you still have the passport you used to enter the US, with the proof of your legal entry, you should be able to apply for adjustment of status. You will need to have a valid passport at the time of the interview, so you should check with your country's consulate as to either getting your old passport renewed or getting a new one issued. In no case should you lose or give up the old passport.

    Good luck!

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A... more
  5. J Charles Ferrari

    Contributor Level 20

    Answered . Your spouse will need to petition you and will file for adjustment of status with proof of your legal entry.

    For your passport questions, you need to contact the Embassy of your country.

    You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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