Social Security Numbers and Driver’s Licenses During the Green Card Process

For many foreign nationals, when they finally apply for their green card (permanent resident status) based on marriage or another family relationship, their first burning question is typically – when can I finally apply for a social security card for work and a driver’s license?

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.