I plan to marry a foreign national that over stayed his tourist visa. I am a US citizen, and never married. His foreign passport expired last year. Does he need a valid foreign passport in order to obtain permanent residence?
Yes and no. There is a ground of inadmissibility for those who don't have valid passports. Where I practice (Denver, CO), they often don't enforce this provision. I recommend consulting with local counsel to determine how to proceed.
Please note that this response is for informational purposes only and does not create an attorney-client relationship.
A valid passport is not an absolute requirement but I would suggest that your future spouse obtain a valid passport. Such passport can be endorsed to indicate the issuance of resident status.
It is not necessarily mandated but I would get it renewed and it would also serve as an ID when submitting the adjustment application.
The answer above is only general in nature and is not to be construed as legal advice for any subject as all the facts are not known. Any and all answers are of a general nature only. The answers are not meant to and do not create an attorney-client relationship. Any recipients of content from this answer should not take action or refrain from taking action based on the answer provided in this general question/answer forum. Please seek appropriate legal advice based on the facts from an attorney licensed to provide such advise.
The technical answer is no as long as you are able to show a legal entry into the U.S. But having a valid foreign passport while in the United States is not only a good idea it is required by law.
Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.
I agree with the other answers in this forum. I would like to add that the origin country and the US relationship with that country may factor into the need to understand the current legal status with the foreign national and his host country.
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