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.
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
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
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
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.