The Social Security Administration (SSA) Will Now Issue Spouses of L & E Visas Social Security Cards Without Requiring an EAD

The SSA recently clarified its current policy regarding the issuance of Social Security Cards to E and L visa spouses, stating that the SSA will now issue Social Security Cards to E and L visa spouses without the requirement for an Employment Authorization Documents (EAD) to be issued by the USCIS. Previously, the SSA required L & E spouses to produce original EAD cards in order to be issued a Social Security number. 

IMMIGRATION TIP:

For Adjustment of Status (“Green Card”) and N-400 Naturalization applications, you do not need to obtain a  “police clearance” report anymore prior to filing your application. The fingerprints, which are taken by the Support Center, provide all that the Immigration now needs. So don’t waste time going to the local police station to obtain such reports, the USCIS has not required such reports for several years now.

However, in both types of cases, if you were ever arrested, even if the case was later dismissed, you need to obtain an official stamped/certified copy of both 1) the arrest report (obtain from the police dept. which arrested you) and 2) the court disposition (obtain from the court where your case was adjudicated). The originals are to be given to the USCIS officer at the time of your interview. Only send copies in your initial petition package.

QUESTIONS:

Question: I am from Trinidad, married to a Citizen and will be filing my residency papers soon. On the list your office gave me, I see that I have to have an immigration medical examination. I am otherwise healthy, but have Diabetes. I am worried that this might affect my Green Card application, what do you think? Is there any way for me not to have to take the exam?

Answer: Every intending immigrant must have a medical exam performed by a civil surgeon authorized by the USCIS, there are no exceptions.  But no worries; your condition is not a problem issue. There is a specific list of diseases that would render you inadmissible:  1. chancroid,  2. gonorrhea, 3. granuloma inguinale,  4. HIV/AIDS, 5. Hansen’s disease (infectious leprosy), 6. lymphogranuloma venereum,  7. infectious state syphilis, 8. infectious tuberculosis (TB) (clinically active).  Diabetes is not on the list; you will be fine. 

Question: I am a US citizen's wife and came to the US on the K-3 visa from Jamaica at the beginning of August. My husband had applied on the I-130 form. Do I need to inform the immigration department of my arrival in the states so that they change my status to resident now that I am here, or has it been done by the immigration department at the airport? And if yes then how do I go about it?

Answer: If you entered on a K-3 visa, as the spouse of a U.S. citizen, there is no automatic change to a Green Card, you must apply for it. This is done by completing a residency package which includes the I-485 petition, G-325 (for each spouse), new medical, I-864 Affidavit of Support, I-765 for work permit, etc. You’ll need to include much of the documentation you used for the K-3, as well as additional documentation. The package is filed with the National Benefits Center at:

USCIS-NBC

Question: I was a permanent resident when I applied for my wife to get her the green card about two years ago.  I will become a US citizen in about a month when I swear in. I want to file for my wife’s adjustment of status (I-485) as soon as possible. Should I file another I-130 form and send all the information again or I should the immigration office be informed that my status has been changed and ask them to modify the first I-130 form for my status change?

Answer: The USCIS requires that you provide either 1) an approved I-130 notice, 2) an I-130 receipt for a pending I-130, or 3) a new I-130 application with filing fee with your wife’s full adjustment package. Since you’ve already filed her I-130, all you need to do it include a copy of the receipt, you do not need to file a new one. As soon as you receive your Naturalization Certificate, you can file for her Green Card immediately. Good luck!