Getting a CA DL on a new I-94

[Martin + Amie 0]

Hi Guys,

I posted soem threads a while ago about not being able to get a CA drivers license because my I-94 had expired and they needed proof of residency to allow me to take the written exam. I got advanced parole and went back to the UK for a week. I came back through LAX and they issued and stamped a new I-94 card in my passport.

I have been to the DMV numerous times to try and get a DL and each time they said they couldn't do anything because my I-94 had expired. I would be amazed if anyone else has landed themselves in this situation however if there are I would love to here about it.

My question is :

Can I go and take my written driving exam and then the pratical now I have a new and valid I-94 as a result of coming back on AP?

Any help is appreciated.

Best Regards

[perfect 39]

Technically the answer to that is Yes because one of the criteria for California DMV is that you have ONE of the following which you now do:

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

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

Permanent Resident Card

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

Employment Authorization Card

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

Notice of Action (I-797 Approved Petition)

You will however need to bear in mind the 30/60 days rule which CA enforces quite strictly:

Limited Term Legal Presence

All original and pending driver license or identification cards will expire on the expiration date of his/her birth date/legal presence document (BD/LP) issued by the Department of Homeland Security (DHS).

Your BD/LP document must have an expiration date 30 or more days from your application date. If your BD/LP document has an expiration date less than 30 days, you will not be able to start a driver license or identification card application.

If your BD/LP document has an expiration date of less than 60 days, you may complete your licensing requirements (written/vision/driving tests), but you will need to submit another BD/LP document with an expiration date of 60 days or more before your driver license or identification card is mailed to you.

Hope that helps.

Edited January 24, 2008 by perfect

[Jasman0717 9]

Without any other residency status the DL would only be good for as long as the I-94 (90 days)