If my friend is an illegal immigrant and his passport and visa are expired, can he apply for a state ID card if he has other documentation?

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If my friend is an illegal immigrant and his passport and visa are expired, can he apply for a state ID card if he has other documentation?

He has a SSN, a bank statement, university transcripts, internet bills, visa card and an apartment lease. Will they know that he is illegal when he applies for the state ID and maybe arrest him?

Asked on February 6, 2016 under Immigration Law, Illinois

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

When you say he is illegal, do you mean  he entered the US unlawfully or entered lawfully with a visa and overstayed?  The two are very different for purposes of what he may or may not be able to do within the US.  I would say that he first needs to consult with an immigration attorney to see what his options may be in terms of legalizing his status before he attempts to apply for any benefits, including a state ID.


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