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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105129
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My spouse is an out of status immigrant. We recently got

Customer Question

My spouse is an out of status immigrant. We recently got married. I'm a US citizen. Is it possible to obtain a form of ID while his petition is in process for work permit/green card?
Submitted: 7 days ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 7 days ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

How did he enter the U.S.? Illegally or with a visa? Which visa? What country is he from? How long ago did he enter the U.S.? How old was he when he entered the U.S.? Please try to answer each question. Thank you.

Customer: replied 7 days ago.
He entered US under his name with a B2 visa, approximately 4 years ago. He was 27 years
Expert:  Guillermo J. Senmartin, Esq. replied 7 days ago.

Ok. I have good news and bad news. The bad news is that he probably will not be able to get a form of ID unless he lives in a state that will accept just USCIS receipt of a pending process. The good news is that he should be able to get what he needs in just a few months. I will explain. To start the legalization process, he needs to file the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at

The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Citizenship, proof of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least.

In about 3 to 5 months after filing, the work permit and Advance Parole (travel permit) should be issued. About 5 to 7 months after filing the interview should be scheduled (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later the U.S. Lawful Permanent Residency card (green card) should come in the mail.

Please let me know if you have any additional questions as I will be happy to respond, but because this case is the type of case that I love to handle, I will now send you a low-cost offer so that I can pass on my personal phone number and email. I have multiple services available to you from document review to full representation and all at very reasonable prices though I can only discuss those in private, not an open forum like this. You won't be disappointed as these are my favorite cases to do and have been doing them for many years. If you decline, no problem, you can ask additional questions without any additional charge. But PLEASE remember to leave a positive rating for me. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Also, a bonus is always appreciated if you feel I earned it. And finally, your question does NOT close just because you leave a positive rating. I can still answer additional questions for you without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 4 days ago.

Hello Michelle. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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