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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hi Guys

Just wanted to ask if someone here in VJ has the same situation as mine.

I tried to get driver's license in DMV with my SSN & Birth certificate but they refuse me to give a written test for drivers license since my I-94 was expired. Could I still drive using my Philippine driver's License while my AOS& EAD is still pending and my I-94 expired?

Thanks

calendar_girl

Filed: Citizen (apr) Country: Morocco
Timeline
Posted

Most states won't give you a license if your I94 is expired and if you had obtained one prior to its expiration, it would have only been good as long as the I94. You would have to check with CA dmv to see if you could drive with your license. Some states have international exceptions. Seems to me, that not too long ago, someone from the UK went through the same thing in CA and was not allowed to drive on their UK license. Check with CA's dmv. As soon as EAD or AOS is approved, you can then apply for a DL.

Posted

California requires new residents to get a California drivers license within 30 days but seeing you are an alien without any way to prove status they will not issue you one. I think you can get one with an EAD but they will only issue it for the length of time the EAD is valid and it will be the same with the conditional green card.

http://www.dmv.org/ca-california/departmen...or-vehicles.php

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

Posted
  calendar_girl said:
Hi Guys

Just wanted to ask if someone here in VJ has the same situation as mine.

I tried to get driver's license in DMV with my SSN & Birth certificate but they refuse me to give a written test for drivers license since my I-94 was expired. Could I still drive using my Philippine driver's License while my AOS& EAD is still pending and my I-94 expired?

Thanks

calendar_girl

DMV CA needs to verify your legal presence hence they require to see your still valid I-94. And pending AOS & EAD won't cut it. See the requirements below from the official website. Also, just to share my previous experience, I waited until I had the green card. Other attempts were not honored, until I had the GC on hand. They also need to verify the GC so I waited for about 3 weeks for the verification to pull through (for my CA ID).

In other states, taking the NOAs for pending AOS is acceptable but looking at the list of requirements (I also tried this before, they will not honor it), what they need to see is "Approved Petition", and not pending.

Waiting is only the best option.

"State law requires every applicant for an original California identification (ID) card and driver license to show verification of birth date and proof of legal presence within the United States to help safeguard the accuracy and integrity of departmental documents.

If your current name no longer matches the name on your birth date/legal presence document, see "True Full Name" and "How to Change Your Name" for more information.

Only the original or a certified copy of one of the following documents is acceptable:

US Birth Certificate

US Certificate or Report of Birth Abroad

Federal Proof of Indian Blood Degree

INS American Indian Card

Birth Certificate or passport issued from a US Territory

US Passport

US Military Identification Cards (Active or reserve duty, dependent, retired member, discharged from service, medical/religious personnel)

Common Access Card (only if designated as Active military or Active Reserve or Active Selected Reserve)

Certificate of Naturalization or Citizenship

Northern Mariana Card

INS US Citizen ID Card

Permanent Resident Card

Temporary Resident Identification Card

Canadian Passport/Birth Certificate

Non-resident Alien Canadian Border Crossing Card

Valid foreign passport with a valid Record of Arrival/Departure (form I-94)

Certification from California Department of Corrections or California Youth Authority

Employment Authorization Card

Permanent Resident Re-entry Permit

Refugee travel document

"Processed for I-551" stamped in a valid foreign passport

Valid I-94 stamped "Refugee," "Parole or Parolee," "Asylee," or Section 207, Section 208, Section 209, Section 212d(2), HP or PIP

Immigration judge's order granting asylum

Certified court order or judgment issued from a court of competent jurisdiction.

Valid I-94 with attached photo stamped "Processed for I-551 temporary evidence of lawful admission for permanent residence"

Notice of Action (I-797 Approved Petition)

Mexican Border Crossing Card with valid I-94"

Filed: AOS (apr) Country: Peru
Timeline
Posted
  kinzaza said:
Is it for all the states or only for CA? My I-94 expires on Jan. 20 and i'm about to get a date for the road test. Will they issue me a license only until 20th??????????

http://www.seacoastonline.com/apps/pbcs.dl...60367/-1/NEWS01

Maine gives licenses to undocumented immigrants so I'm pretty sure it won't be an issue

this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

Posted
  meow mix said:
  kinzaza said:
Is it for all the states or only for CA? My I-94 expires on Jan. 20 and i'm about to get a date for the road test. Will they issue me a license only until 20th??????????

http://www.seacoastonline.com/apps/pbcs.dl...60367/-1/NEWS01

Maine gives licenses to undocumented immigrants so I'm pretty sure it won't be an issue

oh wow...thank you so much!!!

Removal of conditions...

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

In Florida you can get a DL (valid for on year) with only your NOA from the AOS. It says TEMPORARY nice and big and red, but it's valid. I can't wait 'til hubby gets his residency so he can be more permanent - no more EAD or temporary DL.

11/2004 - Met in Brazil

09/2006 - Apply for K1

03/2007 - K1 approved

04/2007 - Apply for AOS & EAD

07/2007 - EAD approved

01/2008 - Conditional Residency approved

11/2009 - Apply to remove conditions

02/2010 - Permanent Residency approved

11/2010 - Apply for Citizenship

03/2011 - Citizenship approved

07/2011 - Moved back to Brazil

Filed: AOS (apr) Country: Peru
Timeline
Posted
  Bora Bora said:
In Florida you can get a DL (valid for on year) with only your NOA from the AOS. It says TEMPORARY nice and big and red, but it's valid. I can't wait 'til hubby gets his residency so he can be more permanent - no more EAD or temporary DL.

Depending on which DMV you go to, too, you can get a DL with a tourist visa. And it doesn't say temporary. Or his didn't, anyway. O.o

this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

Filed: Citizen (pnd) Country: Australia
Timeline
Posted

I am also in CA - and found that after my I-94 expired I was not eligible to apply for a licence, until I received either my EAD card, or I-551 stamp after my Adjustment of Status interview. During this time I was legally unable to drive, because, my "foreign" licence was only valid for use here for 30 days after you have established residence.

N400 at California SC, Field office- Los Angeles

Sep 3, 2007 Application Mailed

Sep 12, 2007 - Priority date

Nov 9,2007 - check cashed

Nov 20,2007 - NOA1: "expect to be notified within 425 days of this notice",

Jan 10, 2008 - fingerprints appointment (letter lost due to mailing address receipted incorrectly)

Feb 7, 2008 - fingerprints done (took about 10 min - as a walk-in)

Sept 8, 2008 - Interview date (letter received Jul 18) - rescheduled at my request

Jan 6, 2009 - Interview date

Feb 26, 2009 - Citizenship Oath

*online status "case received Oct 29", no touches showing.

Posted

This may sound bad, but go to another DMV office and see what they say. When my husband came to the US, the DMV office closest to my home had no clue what to do with him or his I-94. We went to another office, and all they required was proof that he would receive a social security number and his passport. The lady suggested he obtain a California ID on the spot and he applied for it. Once that came, we went right back to that same office and he took the written test for the license. Too many times I have gone to one DMV office and not gotten good results and later went to other to be told something entirely different. Good luck

The longer it takes to introduce yourself the less you've actually accomplished

Filed: AOS (apr) Country: Australia
Timeline
Posted
  AusCal said:
I am also in CA - and found that after my I-94 expired I was not eligible to apply for a licence, until I received either my EAD card, or I-551 stamp after my Adjustment of Status interview. During this time I was legally unable to drive, because, my "foreign" licence was only valid for use here for 30 days after you have established residence.

Another Aussie in Cali here.

I didn't even try for my DL untill I got EAD. Had to do knowledge test, passed and got "temporary DL" valid for 2 months and was told that I had to do driving test within that time. Passed driving about 3 weeks ago, still waiting for DL in mail.

However, to drive a rental car (at least ZIPCAR insists) - I had to have my driving record from RTA (=DMV) in Sydney so I can drive using my Aus licence. ZIPCAR doesn't let you drive their car untill your state DL is 12 months old! So now I have two valid and usable DLs!

I129F process:

20 July '06- I129F filed with CSC (Got a lawyer - BIG MISTAKE... Didn't know of VJ!!!)

28 July '06 - NOA1

08 Dec '06 - NOA2

06 Feb '07 - medical

12 Mar '07 ----- INTERVIEW ----- A P P R O V E D -----

4 Apr '07 - US entry - San Francisco

1 July '07 - MARRIED in SF :)

AOS process (after K-1):

24 July '07 - AOS application received by Chicago Office

09 August '07 - Biometrics appt letter

24 August '07 - RFE for I-485 (incomplete tax info sent!)

28 August '07 - NOA letters for AOS, EAD and AP

29 August '07 - Biometrics

AP - 12 October '07 - hard copy: multiple travel, valid 12 months

EAD - 18 October '07 - hard copy: valid from the date of 1st notice of card production

SSN - 30 October '07 (married name), applied Oct 18, same day I got my EAD

DL - 11 December '07 - driving test at DMV San Francisco. Yay! Now I can drive on the "wrong" side of the road!

21 November '07 - AOS Interview (Letter rec'd Oct 15) ----- A P P R O V E D ----- A P P R O V E D ----- A P P R O V E D -----

07 December '07 - GREENCARD IN MAIL

Peace and quiet... apply for removal of conditions - August 2009!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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