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

Fort Myers, FL |
Attorney answers 6


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.

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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 receipt does not make him legal.

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Carl Shusterman, Esq.
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


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

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


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.


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 Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.