1) Question:

My husband has just gotten his visa approved today and will be receiving it soon. We are just wondering, once he gets to the United States, how should he obtain a driver’s license, social security number, and any other documentation he may need?

Answer:

When a foreign national enters the U.S. on an immigrant visa their passport is stamped with a temporary I-551 stamp. This stamp is proof of their permanent resident status until they receive their green card in the mail. The foreign national can use the passport with the I-551 stamp to apply for a social security card from the Social Security Administration and to apply for a driver’s license.

Permanent residents who enter as conditional residents (CR) are initially given a green card valid for two years. During the 90 days before the card expires, the foreign national must file a joint application with their spouse to remove the condition from their residence. At that time, the foreign national will be expected to show that the marriage is bona fide.

If the foreign national divorces prior to this time, they should file an application for a waiver of the application to remove the condition from their residence. They will be required to show that the marriage was bona fide even though it ended in divorce.

All permanent residents are required to file an AR-11 change of address form any time they move. Male permanent residents between the ages of 18 and 26 must register with the Selective Services Administration.

2) Question:

My wife and I are in the U.S. in L status and are about to have a child. Since our child will be a U.S. citizen, does that grant us any immigration rights? Are we entitled to stay in the U.S. until our child is old enough to take care of himself?

Answer:

It is true that (with a few exceptions) a child born in the U.S. is granted U.S. citizenship even if the child’s parents are in the U.S. in nonimmigrant status or even out of status. But having a U.S. citizen child, by itself, does not grant the child’s parents any immigration benefits. The idea of the “anchor baby” is a myth. Even though your child is a U.S. citizen and therefore has a right to live in the U.S., you and your wife do not. You must maintain your L nonimmigrant status and extend or change/adjust your status as necessary. When your child turns 21, then they can petition for you and your wife to become permanent residents.