Review of DMV in Virginia for DL

[Veronik 19]

Hello everyone!

Here is what happened today when I tried to go get my driver's license. First of all some details about my current situation so you can understand the rest better. I-94 will expire on November 17th, AOS package sent and NOA1(I-797C) dated October 18th, and I have a Quebec DL.

So about a month ago, I took a first trip to the DMV to get my license. I was under the impression that I had to get it within 60 days of arriving here. I was turned around because I did not have a valid proof of residence.

Last week, I got the proof of residence, i.e. a current statement from the bank with my adress on it. In the meanwhile, I found out on here through a very helpful member that I might not be able to get a license since the Governor has recently changed the elligibility factors for immigrants to get a license after an illegal alien drove drunk and ended up killing someone. So, this morning Chris and I went to the DMV to try it anyways, and see what would happen. He had to renew his license anyways, so we figured we'd kill two birds with one stone.

Here are the documents that I brought with me:

- Passport and I-94 (must be valid as you will see below)

- Qc DL

- SSN card

- Marriage certificate

- Proof of adress (current statement that I got at the bank, signed by the teller)

- NOA1 for I-485, called I-797C (not necessary but brought it anyways just in case, but it ended up saving the day!)

So, the first woman that I talked to at the information desk told me that first of all, the I-94 needed to be valid for at least another 30 days (which would confirm that you need to get it within 60 days). She also looked at my current statement from the bank and said that it was not valid and that I needed to print one off the Internet. I showed her the documents I had gathered from my previous visit to the DMV on which it says that you CANNOT print something off the Internet as it would not be valid, and she said that that wasn't right, the law changed. I thought that was pretty retarded, but oh well... She also said that I probably would have to wait for my green card to get a license. I asked her if the EAD would be enough, and she said that when I get the EAD to come back and that they would have to look at it...

I wasn't very satisfied with her answers, so I followed Chris to the desk when his number was called, and this is where it got interesting.

I explained the situation to this lady, I asked her if I should go get a number, and she said no, I'll do it right now. She gathered all my documents - the current statement from the bank was fine, go figure - and she went and got a little pad with all the requirements for various visa types. She seemed confused, but took my I-797C with her and went and spoke to her supervisor. After 5 minutes she came back and explained that she was able to issue a temporary driving permit that would expire on the day the I-797C would expire. So a year basically. I did the eye exam, filled out a piece of paper, paid 4$ (that's right, 4$!) and that was it! She had to have the paper I filed out approved by another supervisor. This person also seemed confused at first, but then the teller said that she ran it by James and he said it was ok (that was the first person she went and talked to). I was out of there in one hour! I now have to wait 10-15 days to receive the license in the mail, and I hope nothing will pop up until then! She did say that I was right on the limit. The limit of what I don't know. Either the fact that my I-94 is about to expire, or the fact that the law might change.

So I don't know if I just got lucky, but I think it helped that Chris had to go to the DMV and that I was able to talk to a different person. Obviously, the two lady at the two different information desks had no idea what they were talking about. I don't think I would have been able to ask my questions to a teller under different circumstances.

Sorry this is so long, but I hope it can help someone else!

Very happy I got the license anyways!

[nickbits 43]

It's nuts that the first person said that Internet printouts are better, that makes no sense whatsoever.

Glad you got it sorted out!

[Veronik 19]

It's nuts that the first person said that Internet printouts are better, that makes no sense whatsoever.

Glad you got it sorted out!

I know I couldn't believe it! I almost felt like laughing at her, but that wouldn't have been nice. Always be nice.

[Jadenjewel 9]

Yikes more info that's leaves one wondering if they REALLY know what they are doing? Glad you got it!

[qcmeetsnc 1]

Well, I guess the good thing after all this mess is that a US driver's license is much, much cheaper than a Quebec one! Speaking of which, did they keep it? You probably already know this, but don't forget to let the SAAQ know so that you get part of your money back for the portion of the license you didn't use. Maybe you'll have enough to treat yourself to some Starbuck's!

[soon2batexan 3]

Thanks for the info! I'm moving to Texas in 3 weeks on my K-1, and I'll keep this info handy so I remember all that I need to bring. Every state is different in their processes, and it can get especially tricky with a K-1 given that you don't have a green card right away, etc. It seems odd that they require new residents in TX to get a DL within 90 days of moving, yet you have to have the SSN and proof that you're allowed to stay for at least 6 months before they'll issue anything. I read somewhere that CDNs can drive in many states up to a year with their Canadian DL, but again, each state is different.

[Canadiandggal 49]

I am glad you got your license, I got mine too. Am I about to write my maryland review

[kennys 0]

Congrats.and thanks for the info

[Veronik 19]

Well, I guess the good thing after all this mess is that a US driver's license is much, much cheaper than a Quebec one! Speaking of which, did they keep it? You probably already know this, but don't forget to let the SAAQ know so that you get part of your money back for the portion of the license you didn't use. Maybe you'll have enough to treat yourself to some Starbuck's!

I actually received the notice of renewal for my Quebec's license, and it is due in December... No refund for me

And they let me keep my Quebec's license!

[Canadiandggal 49]

I actually received the notice of renewal for my Quebec's license, and it is due in December... No refund for me

And they let me keep my Quebec's license!

I am going to try to get a refund as my oontario license was only 4 months old and the MVA kept it

[Veronik 19]

I am going to try to get a refund as my oontario license was only 4 months old and the MVA kept it

Awww... They kept it? Yeah, definitely try to get a refund! I wish I could have gotten one too!

[MalolosToUSA 0]

Congrats on getting your license! This is a case of incompetence working in your favor. It is obvious that the DMV workers know nothing about this. This is a good thing for you. I think the rule is outrageous.

There is another article out this morning stating the Virginia Attorney General has confirmed that an EAD is not valid for proving legal residency.

http://hamptonroads.com/2010/11/cuccinelli-dmv-can-refuse-federal-papers-licenses

The state Department of Motor Vehicles doesn't have to accept federal working papers as proof of legal presence in America from those applying for a driver's license or other form of identification, according to a legal opinion by Attorney General Ken Cuccinelli.

But it isn't prohibited from doing so either, Cuccinelli said.

The guidance comes about two months after Gov. Bob McDonnell instructed the DMV to stop accepting a federal employment document provided to immigrants as a way to show they are here lawfully when applying for a license.

In his opinion, dated Friday, Cuccinelli advised DMV Commissioner Richard Holcomb that his department "has the authority to accept or to refuse to accept" the federal Employment Authorization Document.

That's consistent with state law, which "gives the commissioner and no one else the discretion to decide what documents are used to prove legal presence," Claire Guthrie Gastanaga, a lobbyist who works on immigration issues, said after the release of the opinion.

She urged Holcomb "to use that discretion to reinstate acceptance of the Employment Authorization Document."

Despite that plea, it appears unlikely the current policy will change any time soon.

"Until the federal government can provide clear assurances that everyone who has an EAD is lawfully in this country, we will direct the DMV to continue not accepting this paperwork for purposes of receiving a Virginia driver's license," McDonnell spokesman Tucker Martin wrote in an e-mail.

Holcomb also sought guidance on whether the DMV has the power to take action if the holder of a state-issued license or identification card is the subject of deportation proceedings.

Responding to that query, Cuccinelli told Holcomb that the DMV lacks the authority to rescind previously issued state forms even in the event of deportation but can require a person to provide proof of lawful status if he or she applies for a renewal.

McDonnell in September ordered the DMV to cease taking the federal document as proof of residence amid concerns about whether it reflects a person's current status in the country.

The issue arose after Carlos Martinelly-Montano, a 23-year-old from Bolivia with two drunken driving convictions, was charged in an August crash in Prince William County that left a woman dead and two others seriously injured. Police said Martinelly-Montano was drunk at the time of that crash.

Martinelly-Montano had received a federal employment document in 2009 while deportation proceedings were under way, the governor's office said in a September statement. The statement noted that he did not have a driver's license at the time of the crash but had used the employment document to apply for a state identification card.

At the time, McDonnell said "the integrity of the credentials issued by the commonwealth is of the utmost importance."

[Veronik 19]

Hahaha! Wow, I got lucky I guess! But I'll celebrate once I have the license in my hands! They could always revoke it or something...

Knock on wood!