While close to applying for these critical documents, there is still a wait after you submit your I-485 application to adjust your status to a permanent resident. This is because you cannot apply for your social security card or driver’s license until you receive your “Employment Authorization Document” or “EAD” for short. You apply for the EAD on form I-765 as part of the adjustment of status process.

Here is an example of what an EAD looks like:

The reason USCIS grants an “adjustment applicant” an EAD is based on the idea that an applicant should be granted work permission (and in turn, the ability to get a social security number and a driver’s license) before the adjustment of status process is completed since this process can take several years.

Several years ago, USCIS was required to issue the EAD within 90 days of filing the I-485. However, that regulation has been thrown out and now it is taking 8-10 months or more after the application is filed before receiving the EAD.

Receipt of the EAD is the first time many individuals are able to apply for their social security number and card and a driver’s license. [This is the first time most family-based applicants will get these critical documents. In contrast, employment-based applicants have had these documents for many years, since they have been authorized to work previously.]

Applying for a Social Security Card/Number and Applying for a Driver’s License

To apply for the social security card, you must find a local social security office and schedule an appointment. You will need to bring a valid ID such as an unexpired passport and your EAD “employment authorization document” issued by DHS (Department of Homeland Security).

Here is the office locator webpage

To apply for a driver’s license, you will need this same information and get an appointment at your local DMV (Department of Motor Vehicles). You should not need a social security card to get your driver’s license, per these document requirements posted by the Colorado DMV (though remember, DMVs are controlled by state law and vary from state to state).

Document requirements for a Colorado Driver’s License

However, it might be a good idea to try and get your social security card before getting your driver’s license.

Why is My Social Security Card “Restricted” and Will I Need to Get Another One After Getting My Green Card?

When you receive your social security card based on your EAD, the card will be restricted in the sense that it will be annotated with the following language – “Valid for Work only with DHS Authorization”. This means that the card alone does not prove work authorization in the U.S. The card must always be presented in conjunction with a valid EAD.

Because this social security card is restricted, the next questions is, do I need a new social security card once I get my green card. The short answer is we recommend you get an unrestricted social security card after you get your green card for two reasons: (1) it is nice to have an unrestricted card since this can be used to prove work authorization without a corresponding document, and (2) requesting and receiving an unrestricted social security card means that SSA (the Social Security Administration) has updated their records to note that you are now a permanent resident, rather than an applicant for adjustment or some other type of temporary status holder.

SSA (the federal agency in charge of your federal retirement benefits, which is tracked with your social security  number) does have some different rules for different categories of individuals. Therefore, it is always a good idea to update your records with SSA when you status changes from temporary lawful status such as an adjustment applicant with an EAD, to a permanent resident (green card holder) and then later to a U.S. citizen.

Unfortunately, each step usually requires an additional trip to a local social security office. HOWEVER, we always check the box on form I-485 asking that a social security card be sent to the applicant even if they already have the restricted card. By checking this box, SSA usually will send the unrestricted card without having to visit their office again. We always recommend that our clients wait 30-60 days after receiving their green card to see if SSA sends the unrestricted card. If they do not, we tell our clients to visit their local SSA office again to get the unrestricted card.

Will my social security number change?

No, it will not change between the card you get with your EAD and the unrestricted card you should later get with your green card. Nor should this number change when you eventually become a citizen.

If I have ever applied for a social security number or driver’s license using fake documents, should I apply for one now?

If you ever applied for a social security number or driver’s license using fake documents, PLEASE SPEAK WITH A LAWYER before applying for these documents correctly now. These agencies may be alerted to the fact that you previously applied with fake documents (via fingerprint checks or other security checks) and this could create serious problems.

We hope this advisory helps. Please feel free to reach out via out contact page or simply give us a call if you have an immigration issue or want to start an immigration application and need our help – SHAFTEL LAW – 303-872-6985.

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While you have the right to an attorney, you do not have a right to have one provided for you. You must request an attorney. Make sure to hire an immigration attorney who specializes in deportation to ensure best results in your case. Also, remember that the government will not pay for an attorney for you no matter how indigent you are. If you cannot afford an attorney, ask your deportation officer for a list of free legal service providers in the area. If the free legal service providers cannot take your case, they may be able to refer you to respected immigration attorneys in the area.

Top 5 Rights to Remember if Held in an Immigration Detention Center

Beyond the biggest right—you’re right to an attorney—we’ve compiled a list of the top 5 rights we think it’s important to remember if you are detained by ICE.

1. You have the right to make telephone calls. You have the right to call your friends and family, an attorney, and the consulate of your country. Immigration and Customs Enforcement (ICE) is required to provide you the number to your consulate, so if you do not see it posted, be sure to ask.
2. You have a right to not sign any statements or documents without talking to an attorney first. It is especially important that you do not sign away your right to a hearing.
   You do not have to volunteer information about your immigration status. Anything you say could be used against you.
3. You have the right to ask for release from custody on bond. Always request a bond hearing. In some cases, a person might not be entitled to a bond, however, you should always request one and have an attorney look into and potentially challenge any finding by an immigration official or judge that you are not entitled to a bond.
4. You have the right to medical care, food, visitation privileges, telephone access, and religious services.
5. Your friends and family have the right to try to contact you. For instructions on locating and communicating with a person in immigration detention, visit our tech tip titled Finding Family Members or Friends Detained by ICE.

Remember, a represented immigrant with representation is six times more likely to have a favorable outcome in their case compared to those who self-represent. If you or someone you know ends up in immigration detention, Contact Shaftel Law for experienced and quality representation.

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Ways to Locate ICE Detainees

The two ways to locate ICE detainees are through an online search or by contacting an Enforcement and Removal Operations field office. Keep reading for specifics.

Search the ICE Online Detainee Locator System

The first place to look for friends and family members (18 and older) detained by ICE is online. Start by searching the ICE Online Detainee Locator System using his or her A-number (alien registration number or USCIS number) and country of birth. For help on locating the A-number, refer to the USCIS E-Verify help site. If you do not know the A-number, try searching with biographical information such as:

• First, last and hyphenated names
• Alias names
• Country of birth
• Date of birth

The Online Detainee Locator System should be updated within 8 hours of the release, removal, or transfer of detainees.

Contact an Enforcement and Removal Operations Field Office

If you can’t find the detainee using ICE’s online system, try contacting the local Enforcement and Removal Operations Field Office where you believe the person was apprehended. You can reach ERO Field Offices:

• By phone
• By email*
• By regular mail
• In person

*If you are sending sensitive personal information by email, note that the system is not secure. The more secure option for your inquiry is U.S. mail.

Contacting a Detainee at a Local Detention Center

In most cases, once you have located the detainee, you can call the detention center 24 hours a day to:

• Obtain info about the detainee.
• Leave an urgent message for the detainee.
• Leave the phone number at which you can be reached by the detainee.

Keep in mind that detainees can’t receive incoming calls and that you must provide your name and contact number as well as the individual’s biographical information and A-number when you call.

Each detention center posts online its contact information, visiting hours, how to send items to the detainee and more.

Contact Shaftel Law Regarding Your Immigration Matter

If you have any questions or concerns about a removal case and want to speak to an experienced immigration attorney, contact Shaftel Law online or call (303) 872-6985.

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An I-94 is the Department of Homeland Security arrival/departure record issued to most non-immigrant aliens. The I-94 contains the following information:

• The alien’s name
• I-94 number
• Class of admission
• Date of entry
• Date until which the the traveler is admitted

An I-94 can either be issued by U.S. Customs and Border Protection (CBP) or by United States Citizenship and Immigration Services (USCIS).

I-94 Issued by U.S. Custom and Border Protection

Often times, if you’re traveling by land, you will still receive a paper copy of your I-94. An example is pictured below. If you are traveling by sea or air, this arrival/departure record is entirely electronic. In most circumstances, you will not receive a paper copy of your I-94.

How to Look Up your I-94 Record and Travel History

As an alien, you can look up your I-94 record and travel history electronically through Custom and Border Protection (USCBP). All non-immigrant aliens with an I-94 record who travel either by air, land or sea can retrieve an electronic version of their I-94. Using information found on your passport, go to the Department of Homeland Security’s site to either:

• Get your most recent I-94 form to prove your legal visitor status in the United States
• View your United States arrival and departure history for the past 5 years

See an example of this electronic record pictured below on the right.

I-94 Issued by U.S. Citizenship and Immigration Services

Sometimes non-immigrant aliens extend or change their status while here in the United States. To do so, you must request the extension or change of status from U.S. Citizenship and Immigration Services (USCIS). If USCIS approves your request, it will issue you a new Form 1-94 by sending an I-797A and thereby extend your stay in the U.S. until the date listed on your new I-94. Unfortunately, the new I-94 record issued by USCIS will not be updated in the Custom and Border Protection electronic record online. See the sample below of an I-797A with an attached I-94 card.

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