Can you get your ssn right away after getting married to a usc? when do you get your ead?

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my friend who came here legally as a student has been out of status for 3 years. he is marrying a usc. after marriage, can he apply for ssn right away so he can get a driver's license and work? can his spouse apply for him to get an EAD before filing for I-130 and AOS? Basically, he needs the step by step guide to get his status changed legally. thanks.

Attorney Answers

4
C Abbott ·
The alien will have to file for an EAD with the I-130 and I-485 and wait for the EAD to be approved. Then, he/she can take the EAD to the SSA and request an SSN; the card will state that work authorization document required. He/she can also go to the DMV with the EAD and other required documents (located on State DMV website) and complete teh requirements for the DL. Good luck to your friend.
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Philip Eichorn ·
Marriage to a US citizen only confers the right to apply to adjust status. A person seeking to adjust must be admissible. That is a legal determination based on INA 212. If admissible and eligible (see INA 245(c)) then the person can file for adjustment. At that time they can file for work authorization, obtain an SSN and a drivers license. Please consider retaining counsel.
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J Ferrari ·
No. You need to be work authorized in order to be issued a social security number. You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
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Rebecca Mccarthy ·
As advised in the previous answers, your friend cannot apply for a social security number right away. He will not be eligible for a social security number until he is authorized to work. Since he entered legally the I-130, I-485 and application for work authorization can all be filed at the same time. It takes approximately 90 days for the application for work authorization to be processed. It is important that your friend talk to an immigration attorney prior to filing in order to ensure that he is fully eligible to adjust his status.
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