Received a I-130 receipt. Can my husband now obtain a license?

Asked about 1 year ago - Fort Myers, FL

He is not legal but we are married and are in the process of the I-130

Attorney answers (6)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    22

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    Answered . No, an I-130 receipt does not make him legal.

    Please click the link at the very bottom for additional information.

    ---------
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Omar Carmona-Sanchez

    Pro

    Contributor Level 11

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    Answered . 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

  3. Michael Hugh Carlin

    Contributor Level 18

    9

    Lawyers agree

    Answered . An I-130 does not authorize a person to remain in the United States. The fact that you filed the I-130 for your husband will not, by itself, make him eligible for a driver license.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  4. Alexander Joseph Segal

    Contributor Level 20

    8

    Lawyers agree

    Answered . Depending on the state. In Florida, I believe, it is only when he gets an employment authorization.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  5. Kyndra L. Mulder

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . 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.

  6. Anu Gupta

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Not till after you file the adjustment application.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more

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