A currently valid passport IS needed at interview. If he had a past expired on and entered th US on that he needs that too for USCIS to examine to see that he entered legally, if he did, and in what status and how many times he has come to the US.
At the intereview, does he still have his I-94 entry card? If so, this will show the examiner that he did enter legally since it can't be shown by the stamp in his now lost passport.
If can't prove he entered legally, his permanent residence will be denied.
Not necessarily. It depends upon why the passport is needed. Passports and I-94 cards are usually used to provide proof of inspection which is required in most adjustment of status cases. However, a photocopy of these documents along with other photo identification can be sufficient.
Whenever Immigration requests a document, and that document is not submitted at the interview, Immigration may either deny the case or postpone it. The passport may be needed to show proof of legal entry and whether trips abroad have been taken. For this reason it is always of great value to attend the interviews prepared and accompanied by a representative, when that is necessary.
However, if your husband has proof of his legal entry, meaning an I-94, and a photo copy of his passport, these documents should be sufficient. For legal advice as opposed to general information, feel free to schedule a consultation.
This attorney is Board Certified, speaks Spanish and French, and represents clients throughout the United States. For more information, click through to the Blog.
Elizabeth R. Blandon