Legal Question in Immigration Law in New York

Request a SSN before you file I-130

Is it possible to have a SSN here in the U.S. before filing an I-130? Can you be present in the United States on an expired I-94 and have a SSN and work before someone petitions for you?


Asked on 2/09/07, 3:38 pm

2 Answers from Attorneys
Elizabeth waiguchu Elizabeth Waiguchu, Patent Attorney & Attorney at law

Re: Request a SSN before you file I-130

If you apply for an I-130 with an expired I-94 and no one to petition for you for a status change, you will most likely not get any documents allowing you to get an SSN. Additionally, You will also need to give a very good explanation of why your documents are expired. Please seek legal counsel before proceeding any further with your plan.

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Answered on 2/10/07, 5:19 pm
William Frenkel Frenkel Sukhman LLP

Re: Request a SSN before you file I-130

Normally not, as SSA would not issue a SSN without the applicant having some sort of eligibility for employment (other immigration status). You can be present in the US and work without employment authorization but that does not make it legal and can make it more difficult or impossible for you to adjust to permanent residence later. Contact an immigration attorney before filing I-130 or anything else with the government.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 2/09/07, 3:57 pm


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