Nope ... you must have a valid SS# or ITIN to file a return. The lawyer is correct ... WAIT for the SS#. If you are getting a refund waiting will not hurt you. But if you will owe then he can file a separate return now and you will amend later however the new rules may hurt you if you do... this may be a time to talk to a tax professional to discuss your filing options because they can be confusing.
The Protecting
Americans from Tax Hikes or PATH Act made several changes to the tax law, including
preventing retroactive claims of the EITC and CTC by amending a return or
filing an original return for any earlier year in which the individual or
anyone listed on the return did not have a SSN valid for employment. You can't
claim EITC or CTC unless the Social Security number for you, your spouse (if
married filing a joint return) or a qualifying child is issued before the due
date of the return including any valid extensions.
http://www.thetaxadviser.com/newsletters/2016/jan/congress-makes-changes-to-popular-tax-credits.html
