Expired Passport Adjustment of Status

[sinnerman26 0]

Hi Everyone,

My wife(US Citizen) and I got married in April of this year. I entered the US with inspection and have the valid I-94 but my student visa and work visa expired in December 2015. My passport also expired in June 2016.

We are applying for AOS however for the medical examination for form I-693 all the civil surgeons require a valid photo id. As my driver's license was tied to my visa it has expired too.

I contacted my country's consulate for passport renewal however they require you to provide a valid legal status. I told them that I need the passport in order to start the process for legalizing my stay however it's not allowed they said. So I'm in a catch 22. I cannot get a fresh passport without legal status and in order to get the legal status I need a passport.

I do have a foreign driver's license which is valid till 2022. My question is for the medical examination can I use the foreign driver's license ? USCIS website instructions says that a foreign issued driver's license is acceptable but leaves it to the discretion of the civil surgeon See the below link:

https://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/May%202012/civil-surgeonQA-11-13-12.pdf

Has anyone else been through this experience? Is a valid passport required for any other things while adjusting the status like biometrics examination or when you send the initial package to USCIS?

Thanks everyone for their help.

[slee0000 13]

Why don't you try calling the civil surgeon and see if they will accept your foreign driver's license? When I went in for mine, one of the patients didn't have a driver's license or a passport either and used his student ID, but he was there for other reasons, so I'm not sure if that would apply..

My passport was expired when I sent in my AOS, so that's not going to be a problem. They just need the passport in which you entered the country with

When you go for biometrics, I believe they do need a government issued ID, so since my passport was expired, I used my driver's license. I would just try calling your closest USCIS office and ask.

[sinnerman26 0]

Why don't you try calling the civil surgeon and see if they will accept your foreign driver's license? When I went in for mine, one of the patients didn't have a driver's license or a passport either and used his student ID, but he was there for other reasons, so I'm not sure if that would apply..

My passport was expired when I sent in my AOS, so that's not going to be a problem. They just need the passport in which you entered the country with

When you go for biometrics, I believe they do need a government issued ID, so since my passport was expired, I used my driver's license. I would just try calling your closest USCIS office and ask.

thank you for the response and for sharing your experience.

when you went for biometrics did you use an american driver's license or was it a foreign one? my american driver's license was tied to my work visa date and hence its expired.

[AdalbertMars 1]

Information about your current passport is required.

If your passport expired its not possible to be in status. I think you should go home and get your passport renewed, and then comeback. You have not accumulated 180 days of unlawful presence so you are not yet inadmissible.

[Transborderwife 4,666]

Information about your current passport is required.

If your passport expired its not possible to be in status. I think you should go home and get your passport renewed, and then comeback. You have not accumulated 180 days of unlawful presence so you are not yet inadmissible.

That would be fraudulent. You cannot enter with intent to adjust. how would he get home without a valid passport? Edited July 12, 2016 by Transborderwife

[newacct 688]

Information about your current passport is required.

If your passport expired its not possible to be in status. I think you should go home and get your passport renewed, and then comeback. You have not accumulated 180 days of unlawful presence so you are not yet inadmissible.

1. You are not required to have a passport to do Adjustment of Status

2. Passport being expired does not mean you are not in status

3. You don't need to be in status to do Adjustment of Status as an Immediate Relative (which the OP is)

[slee0000 13]

thank you for the response and for sharing your experience.

when you went for biometrics did you use an american driver's license or was it a foreign one? my american driver's license was tied to my work visa date and hence its expired.

I used my american driver's license

[slee0000 13]

1. You are not required to have a passport to do Adjustment of Status

2. Passport being expired does not mean you are not in status

3. You don't need to be in status to do Adjustment of Status as an Immediate Relative (which the OP is)

Very true, my passport was expired when I filed for AOS, and I had no problem.

Hopefully he can get his biometrics with his foreign drivers license, otherwise, the OP is just stuck.. :/

[AdalbertMars 1]

OK.

If that is the case, why don't you apply for AOS without either? Then tell your consulate you are in AOS pending status when you get your reciept, get your passport renewed, and then get your medical when they issue a rfe?

[sinnerman26 0]

Thank you everyone for sharing your experiences and insights.

I finally found a civil surgeon today who is willing to do the immigration physical on an expired passport. However the biometrics is a different matter. the Detroit field office which is where I would have to go doesn't answer this question when I tried to call them. My lawyer said that usually they don't create trouble even if you have an expired passport but Im afraid to take the chance.

If I apply for the adjustment of status and then renew passport based on the pending application then the risk with this option is that my country's consulate is really slow and takes up to a month just to make the decision on whether they will accept or reject an application. If my biometrics interview date comes while my passport is with the consulate then I would not be able to attend it.

Right now even if I had voluntarily leave the country I would not be able to do it without a valid passport as no airlines would let me board the flight. My only other option is to go to the consulate which is located in Chicago in person and explain them the situation and have them issue an emergency certificate/emergency travel document or a passport with short validity.

I am really confused as to how to proceed.

[Valkyrja 3]

Not sure where you're from, but Washington DC probably has a consulate you could go to and renew your passport. Someone I know did this recently. They drove up to DC, filed for a renewed passport and then received it a few weeks later in the mail. If you leave the country after overstaying, you'll be on a ban (depending on your case, it could be 3-10 years or permanent).

[AdalbertMars 1]

I'm not sure about where you live, but in Texas AOS pending is also legal status to renew your drivers license for a year.

Bottom line is don't wait to file, get your receipt so you can get your ID. You should be able to get either a drivers license or passport before your biometrics, if not you can reschedule.

I'm sure the USCIS wont have an issue with you delaying your appointment so you can get acceptable ID.

[Hopeful_2017 0]

I have a similar problem. My Canadian passport & drivers license expired. I do not have a visa as I am a canadian citizen. I'm filing for AOS so will this be a problem and what photo ID can I use? ??

[sinnerman26 0]

On 2/26/2017 at 9:36 PM, Hopeful_2017 said:

I have a similar problem. My Canadian passport & drivers license expired. I do not have a visa as I am a canadian citizen. I'm filing for AOS so will this be a problem and what photo ID can I use? ??

Go with your expired passport if its not impossible to get it renewed. I got my medical, biometrics done on the expired passport. Once I had my work permit I got a driver's license which I took with me for the adjustment of status interview. Also make sure you take the original passport on which you entered the US(expired or not) for you adjustment of status interview. The officer more than likely will want to see it to see your visa, travel history,etc.

 

 

[AdalbertMars 1]

On 2/26/2017 at 8:36 PM, Hopeful_2017 said:

I have a similar problem. My Canadian passport & drivers license expired. I do not have a visa as I am a canadian citizen. I'm filing for AOS so will this be a problem and what photo ID can I use? ??

Canadians in the USA can renew their passport in the mail.  I would suggest using an overnight courier such as Fedex.

 

I did this last year and it took about three weeks.  You should expect it within four - six weeks.