Legal Question in Immigration Law in Pennsylvania
applying for work permit
i am a legal resident(not citizen). me and my wife got married in october of 1998. we filled out a I130 and got back a Notice of Action letter from the Ins. The priority date is october 26 1998. My question is : Can she get a driver license or a work permit before the Ins gets to the case? So far they are working on the cases of february 1996. Does that mean that my wife can not do anything until her case is reviewed? She got an ITIN number for taxation purposes
Can she get a driver license with this number? Can we do anything or we just have to wait until the Ins gets to her case in a couple of years? THANK YOU.
1 Answer from Attorneys
Re: applying for work permit
Yes, you're basically correct. Your wife can't get a driver's license and social security number, at least in California, until she gets a work permit from the INS. Maybe the Pennsylvania Dept. of Motor Vehicles has a different policy of issuing driver's licenses to aliens who don't have work permits, but I don't know much about PA. The TIN (taxpayer identification nunber) is only for income-tax filing purposes, and not enough for a driver's license and is not a substitute for a SSN.
Your wife is not entitled to receive a work permit until her case is ready to file for adjustment of status. That won't happen until the INS processes cases similar to yours (spouse of petitioner who's a permanent resident) with the October 26, 1998 priority date or after. Right now, they are processing cases with priority date of March 1, 1996. If you're both from Mexico, then they're even more behind and are now only processing cases with a July 1, 1994 priority date. So, assuming that your I-130 has been approved or will be approved, your wife's case still has at least 2.5 years to go, probably 3 or maybe even 4 years, before she can file for adjustment of status.
You didn't state in your question how long you've been a permanent resident of the U.S. and if you've applied for citizenship. If you become a citizen (after taking the oath and everything) before the next 3 or 4 years, then your wife can apply for adjustment of status immediately at that time and the wait might not be so long. Also, you didn't state whether she has applied for or qualifies for other possible immigration benefits, such as political asylum, that entitle one to a work permit.