In a really sticky bind and i need some advice

[D3m 0]

"Bring a proof of birthdate and legal residency. " - technically i am not a legal resident yet correct? I am in the process of becoming a permenant resident which would put me as out of status?

not legal residency, but legal presence meaning you are here legitimately (ie., didn't jump the fence) and not a tourist

ps-I forgot to mention before is that theres a chance of having your license suspended once you receive it, or barred for applying for it, once get a DUI conviction.

"California does recognize a valid driver license that is issued by a foreign jurisdiction (country, state, territory) of which the license holder is a resident."

http://www.dmv.ca.gov/dl/dl_info.htm#international

[athena_ny 1]

Good afternoon folks,

I landed myself in a really disappointing and somewhat bad situation on Tuesday and i need any advice I can get. Let me give you a brief status overview.

I came into the US through san francisco on the 1st of Jan 2007 on a K1 Visa which was approved in December 2006.

I got married within the 90 days on March 17th 2007.

I filed for AOS middle of Nov 2007. (I know its late but we were on an extended travelling holiday.)

The situation :

A couple of weeks after i arrived in the states i applied for a SSN and successfully got one.

I then went to the DMV a month later and took a theory test (written exam) for a drivers license and failed it. I then went back a month later and they said that they could not issue me an exam because my I94 had expired. The I94 i was given upon arrival expired in April 2007. So I had a long debate with them explaining that I need to drive as everyone does in southern california. They told me they couldnt do anything until I get some more documentation, namely a green card or an accepted AOS notice.

This put me in a tricky situation as i need to drive. I was under the impression that I could drive on my UK license since California would not issue me one. I called a lawyer and they said the reason they didnt give me one is because i am considered "out of status" which is fine. I have since received my NOA notices for my AOS and have a biometrics interview pending for next week. (18th of Dec).

I have been driving on my UK license since January and have never been pulled over at all. 3 weeks ago driving to san francisco from LA a cop pulls me over and gives me a speeding ticket. He suggested that i am not allowed to drive on my UK license but i told him that California would not give me a state one. He let me go with just a speeding ticket.

On tuesday night i was in downtown LA with some visitors from England and had a beer. By the time I finished with the visitors i maybe had 3-4 beers total. Not UK pint size, substantially smaller amounts. I was driving down through laguna beach after dropping them at their motel on my way home and a cop pulls me over. To cut a long story short, they arrested me for suspected DUI (Driving under the influence) and not having a valid driving license. I explained my situation to them about the license and they didnt have a clue about anything but decided to charge me for an invalid license anyway. I was held for 28 hours in Laguna Beach police station. I have to say at this point that personally, having 4 beers over the space of 6 hours and having one on average every hour DID NOT make me feel drunk in the slightest. However, i know the limit is 0.08%. I decided to opt for a blood test rather than the breathalizer and i have to wait 7-10 days for the results to see if i was over or not.

To cut a long story short I ended up being released and was given a court date for 01/30/2008.

I have a few questions that I need answers too and i was wondering if anyone could help me with them :

1. If I was over the limit will this affect my changes of getting AOS, EAD, AP, etc?

2. Am i legally allowed to drive on my UK license when i am out of status considering the DMV would not issue a california one to me.

3. Can I get a california license with the paper work I have now ? (NOA for AOS, and notice of action for AP and EAD + interview date notice)

4. What will happen to me since i am out of status and dont have a california license?

5. Will this stop me getting a California driving license?

6. Were they right to hold me for 28 hours since they had no proof i was over the limit because i opted for a blood test which takes 7 to 10 days?

7. What other options do I have to be able to drive legally since apparently i am not allowed to drive on my UK license and California will not issue me a local one?

8. Does anyone have any experiences related to the same issue? I would love to hear from you.

Being the stupid British man I am, i felt 100%ok to drive my car back home and genuinely did not think i was over the limit. Like I said i had 4 beers over a period of 6 hours. In 10 days i guess i will find out when the blood test gets back.

Any help is greatly appreciated,

Best Regards

Martin

You have no other options if the DMV will not issue you a license - you'd need to check with the laws specific for your state, but here in Florida, they will take the NOA a lot of the time. But in New York, you NEED an EAD or a green card, an NOA is no good. So check with the laws, and that should tell you. Time to find some public transportation if they will not issue you a license - and I'm not saying that to be heartless, but "it's California/Florida/New York/insert state of your choice here and I have to drive" isn't really a valid argument. (A lessen my own husband earned the hard way, and I had to drive him everywhere for months...hi, not fun. So I get it, but still.)

My husband had a driving with an expired license charge, but no alcohol was involved, and that was dropped when he got his license. And now, he has a clean driving record since they finally changed his name to the correct one, giving him a new license number and everything.

Even if you are below .08%, in most states they can hit you with a lesser charge - usually driving while impaired or something along those lines, which has a lower legal limit and more minor consequences.

A DUI charge can affect you in the ways detailed on the following: http://www.californiadui.com/articles/immi...sues-of-dui.php

It can carry deportation or denied admission, but this may be able to be overcome with a waiver if your wife can prove significant hardship if forced to move to your country - more details on this would be found in the waiver forum. I am not sure how waivers work at the AOS stage, so I can't help there.

My best advice is to remain calm for now, investigate, and when you get your results back, take it from there. If it turns out that you are going to be hit with an alcohol related charged, please speak with a qualified family based immigration attorney to cover all of your options, as he/she will be far more qualified to answer specific questions. good luck!

Totally not true...the NY comment...my husband just took his written test with a letter from SS stating that his visa was ineligible for a social security card. All he needed was his six points of identification...

Would you mind explaining what 6 points of documentation he needed to get one?

I have an SSN already, it seems as if the DMV computers just pop up an 194 input screen and didnt consider anything else i was saying.

Six points is a NY thing - I think Krikit gave CA information, that would be most relevant to your situation.

[Krikit 1,164]

"Bring a proof of birthdate and legal residency. " - technically i am not a legal resident yet correct? I am in the process of becoming a permenant resident which would put me as out of status?

You are a legal resident. You're a k-1 visa holder pending adjustment of status. The Florida DMV accepted my AOS NOA as proof of residency and gave me my license. See point 8 in D3m's post.

[athena_ny 1]

"Bring a proof of birthdate and legal residency. " - technically i am not a legal resident yet correct? I am in the process of becoming a permenant resident which would put me as out of status?

You are a legal resident. You're a k-1 visa holder pending adjustment of status. The Florida DMV accepted my AOS NOA as proof of residency and gave me my license. See point 8 in D3m's post.

They did the same for my husband, who was on a B-2 previously. I know Bora Bora's husband who came on a K-1 had the same experience. (They told my husband, "Well...it LOOKS like you came in legally...so okay!")

[D3m 0]

while the supreme court said no in the other articlefor DUI as a crime of violence, may have to watch out for DUI as a crime involving moral turpritude

Edited December 13, 2007 by D3m

[D3m 0]

"California does recognize a valid driver license that is issued by a foreign jurisdiction (country, state, territory) of which the license holder is a resident."

http://www.dmv.ca.gov/dl/dl_info.htm#international

Cal Veh Code § 12505(e)::

Subject to Section 12504[Nonresident minors], a person over the age of 16 years who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid driver's license issued to him or her by any other foreign jurisdiction having licensing standards deemed by the Department of Motor Vehicles equivalent to those of this state, may operate a motor vehicle in this state without obtaining a license from the department, except that he or she shall obtain a license before being employed for compensation by another for the purpose of driving a motor vehicle on the highways.

[Martin + Amie 0]

"California does recognize a valid driver license that is issued by a foreign jurisdiction (country, state, territory) of which the license holder is a resident."

http://www.dmv.ca.gov/dl/dl_info.htm#international

Cal Veh Code § 12505(e)::

Subject to Section 12504[Nonresident minors], a person over the age of 16 years who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid driver's license issued to him or her by any other foreign jurisdiction having licensing standards deemed by the Department of Motor Vehicles equivalent to those of this state, may operate a motor vehicle in this state without obtaining a license from the department, except that he or she shall obtain a license before being employed for compensation by another for the purpose of driving a motor vehicle on the highways.

D3M Where did you get the above snippet from? I am currently not employed by anyone.

[Martin + Amie 0]

Ok so I have another update.

I just called the police department and asked them why i was given NO information as to proceedings. When i was eventually released i got two papers. One is a yellow sheet which has my blood test information and where to get the results from and another one is a certificate of release from custody which states my court date and the charges filed against me. The charges are CVC 23/52 (A) AND CVC /2500 (A) which i am trying to research online but cant find anything.

The officer that picked up the phone said that i cannot even get a copy of my police report until the court date. He said i dont even need an attorney until the court date because all the hearing will be about is to decide whether they will actually file charges or not. I dont know who to believe, i called 10 attorney's today and they all said i need to file a court date with the DMV, and then the police officer says i dont because i dont have a california drivers license and they didnt suspend anything. I feel like everyone i call does not know what they are talking about as I am getting conflicting information from everywhere.

HELP!

[rebeccajo 14]

Get a lawyer, Martin. Don't call ten. Hire one.

[no name 1]

Get a consultation with a lawyer.

[Martin + Amie 0]

Get a lawyer, Martin. Don't call ten. Hire one.

I dont know what sort of lawyer i need though? Its an immigration issue and a DUI issue, does anyone know of any good lawyer or law firm in the orange county area?

[Jengles 0]

Meow mix

Your post stated he needed an EAD or green card in NYas of last week friday he had neither, but he got a lerner's permit. Now your adding unexpired I-94, read your initial post.

His six points were, unexpired passport from home country = 3 points (they never mentioned i-94), health card = 1 point, credit card = 1 point, utility bill with his name on it = 1 point.

They gave my hubby a hassle and made him go the social security office they were familiar with and get the letter again and he did, but he got it.

and in NY also, you can drive on your foreign driver's liscense...I mean technically foreigners can rent cars here so what is the difference?

[Jengles 0]

wow, just read the link, read up and get a good lawyer not a immigration lawyer. after reading seems like it would look bad if you were caught driving with a suspended license after being convicted. but the officer was right they can't suspend what you don't have.

[Martin + Amie 0]

Ok so i just found what the charge codes mean. The handwriting on the document was awful but it was the following :

CVC 23152 (A) http://www.dmv.ca.gov/pubs/vctop/d11/vc23152.htm (Look at section A)

and

CVC 12500 (A)

http://www.leginfo.ca.gov/cgi-bin/displayc...ile=12500-12527

Reading the definitions in the links above I am indeed being charged with driving under the influence. This is what amazes me, i was told by an attorney that you can get DUI even if you have a 0.01 BAC (Blood alcohol Count). What that basically means is that you cannot even have a beer at dinner and then drive home?

[athena_ny 1]

Meow mix

Your post stated he needed an EAD or green card in NYas of last week friday he had neither, but he got a lerner's permit. Now your adding unexpired I-94, read your initial post.

His six points were, unexpired passport from home country = 3 points (they never mentioned i-94), health card = 1 point, credit card = 1 point, utility bill with his name on it = 1 point.

They gave my hubby a hassle and made him go the social security office they were familiar with and get the letter again and he did, but he got it.

and in NY also, you can drive on your foreign driver's liscense...I mean technically foreigners can rent cars here so what is the difference?

As I've already stated, I was providing examples of how the REQUIREMENTS FOR HIS STATE needed to be investigated, because the course of action in DIFFERENT STATES IS DIFFERENT. I was also speaking regarding the OP'S CURRENT SITUATION. The OP has an EXPIRED I-94, so the rest is irrelevant. If you cannot understand that I was speaking about how THINGS DIFFER FROM STATE TO STATE, I'm sorry, but this banter on New York state requirements does not need to continue. (And the I-94 probably wasn't mentioned because it was valid, or a K3 is a multi-entry visa. The website states you need an I-94, and it's common knowledge that in that state, driver's licenses are rarely given to out of status immigrants.)

(As well: foreigners can only use their foreign driver's licenses in that state if they plan on remaining a resident of their native nation, and 99% of car rental companies require you to be a US resident.)

Obviously you have missed by a long shot the point of bringing up NY and Florida (which, I'll repeat, was to show how state requirements will impact the course of action IN THE OP'S SITUATION). Your arguing is of no use to the OP.

Of course, it's always possible that New York City plays by its own rules. They often do.

Edited December 14, 2007 by meow mix