He is not legal but we are married and are in the process of the I-130
No, an I-130 receipt does not make him legal.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
The simple answer is no; the I-130 does not give any immigration status. The I-130 is the first step to getting your husband legal in the US. Now your husband needs to adjust status based on your I-130. However, you mentioned that your husband is not legal in the US. You and your husband need to contact an immigration attorney as soon as possible to discuss your options. Do not file anything else into you speak with an attorney. This is one of those cases that having an attorney is going to make a huge difference. Good Luck
No. An I-130 serves only to show that the government has determined you to be an immediate relative to your immigrant spouse. Because he has an immediate relative he is eligible for an immigrant visa without having to wait for a priority date. The I-130 does not give your husband legal status in the USA even if granted. He must file an I-485 Application to Adjust Status to that of an LPR in order to receive employment authorization or a DL in Florida.
Your husband may receive a temporary DL if he currently has a valid EAD, SS Card and visa. Check the website for the Division of Motor Vehicles for a list of sufficient documents in order to receive a license, or, go to your local DMV and they will provide you with a list.
Get free answers from experienced attorneys.
24,607 answers this week
2,554 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary