Driver's License with EAD (Texas) / Tuition Rate

[i_n_s 0]

Hello everyone,

My wife and I went last friday to my local Department of Public Safety in Garland, TX (suburb of Dallas) to test for her instruction permit. They turned her away and told her she is unable to test because her EAD is valid for less than one year. She was issued the EAD on 6.12.08 and it expires on 6.11.09 (364 days). Has anyone in Texas encountered this before? The requirements for a driver's license in Texas are outlined here: http://www.txdps.state.tx.us/administratio...equirements.htm

"Unexpired Dept. of Homeland Security (DHS) or US Bureau of Citizenship and Immigration Services document issued for a period of at least one year and must be valid for no less than six (6) months from the date presented to the department with a completed application."

If this is correct, it really sucks because this means she will not be able to obtain an instruction permit/license until she is issued her permanent residence card, which could take God knows how long.... I applied April 7th and the case hasn't been touched since 6.20.08.

On a related note, I also recently tried to get her enrolled in credit classes at a Dallas County Community College District college. The college staff told her and I that she will have to pay nonresident tuition fees because she has not lived in Texas for a period of one year. I thought that, because she is married to me (and living with me) and since I have lived in Texas all my life, she assumes my residency status for tuition purposes. See the Determination of Resident Status section at the following link: http://www.thecb.state.tx.us/Rules/tac3.cf...mp;Subchapter=X

"(B) The following non-U. S. citizens may establish a domicile in this state for the purposes of subsection (a)(2) or (3) of this section:

(3) an eligible nonimmigrant that holds one of the types of visas listed in Chart I and incorporated into this subchapter for all purposes; (K-1 visa is listed on the Chart)

(d) A domicile in Texas is presumed if, at least 12 months prior to the census date of the semester in which he or she is to enroll, the person owns real property in Texas, owns a business in Texas, or is married to a person who has established a domicile in Texas. Gainful employment other than work-study and other such student employment can also be a basis for establishing a domicile. "

My interpreation of section (d) above is that because she is married to me and because I have established a domicile in Texas, she should be considered a resident of Texas and should pay the tuition rates of a resident of Texas.

Any insight or advice would be greatly appreciated!!

[YuAndDan 153]

Someone at DMV is splitting hairs, try a different testing place.

Most states will charge NON-Resident rates for state funded colleges, I know that the one I work for will. SUNY NY requires 1 year residency in the state for resident rates.

[Cdn_Ali 11]

How frustrating for you! Regarding tuition fees, I have looked into this for Nevada as I will be facing the same situation. They will allow me to have the resident rate based on my husband living in NV for over 20 years but I will have to show proof of HIS residence along with the marriage licence. I think they want a joint tax return also. I would try again and see if you can speak to someone else about this. Good luck.

[i_n_s 0]

How frustrating for you! Regarding tuition fees, I have looked into this for Nevada as I will be facing the same situation. They will allow me to have the resident rate based on my husband living in NV for over 20 years but I will have to show proof of HIS residence along with the marriage licence. I think they want a joint tax return also. I would try again and see if you can speak to someone else about this. Good luck.

Thanks for the information.

Has anyone from Texas had any issues like this?

[Roger and Junhua 0]

Regarding your experience with TX DPS on the drivers license, I had the issue with my fiancee coming into the country on K1, we filed AOS but we can't get past the acceptable ID issue until EAD or AOS is approved. So, I called our State Representative Fred Hill's office in Richardson and they went to bat for me with DPS in Austin. In my situation, we have to talk with USCIS and then our US Congressman but I found the congressman's office extremely helpful and willing to take a look at our plight. I also found out that your State Rep in Garland, Joe Driver, is on the Law Enforcement committee and over DPS matters. Your State Rep is your advocate on issues like this. I'd recommend you get in touch with Driver's legislative liaison and tell them your story about the rejection over the 364 days and I bet they will be sympathetic and supportive. Let us know what you find out!

[tanyaru 3]

Hello everyone,

My wife and I went last friday to my local Department of Public Safety in Garland, TX (suburb of Dallas) to test for her instruction permit. They turned her away and told her she is unable to test because her EAD is valid for less than one year. She was issued the EAD on 6.12.08 and it expires on 6.11.09 (364 days). Has anyone in Texas encountered this before? The requirements for a driver's license in Texas are outlined here: http://www.txdps.state.tx.us/administratio...equirements.htm

"Unexpired Dept. of Homeland Security (DHS) or US Bureau of Citizenship and Immigration Services document issued for a period of at least one year and must be valid for no less than six (6) months from the date presented to the department with a completed application."

If this is correct, it really sucks because this means she will not be able to obtain an instruction permit/license until she is issued her permanent residence card, which could take God knows how long.... I applied April 7th and the case hasn't been touched since 6.20.08.

On a related note, I also recently tried to get her enrolled in credit classes at a Dallas County Community College District college. The college staff told her and I that she will have to pay nonresident tuition fees because she has not lived in Texas for a period of one year. I thought that, because she is married to me (and living with me) and since I have lived in Texas all my life, she assumes my residency status for tuition purposes. See the Determination of Resident Status section at the following link: http://www.thecb.state.tx.us/Rules/tac3.cf...mp;Subchapter=X

"(B) The following non-U. S. citizens may establish a domicile in this state for the purposes of subsection (a)(2) or (3) of this section:

(3) an eligible nonimmigrant that holds one of the types of visas listed in Chart I and incorporated into this subchapter for all purposes; (K-1 visa is listed on the Chart)

(d) A domicile in Texas is presumed if, at least 12 months prior to the census date of the semester in which he or she is to enroll, the person owns real property in Texas, owns a business in Texas, or is married to a person who has established a domicile in Texas. Gainful employment other than work-study and other such student employment can also be a basis for establishing a domicile. "

My interpreation of section (d) above is that because she is married to me and because I have established a domicile in Texas, she should be considered a resident of Texas and should pay the tuition rates of a resident of Texas.

Any insight or advice would be greatly appreciated!!

I don`t know how it is in Texas about tuiyion fees but in FL (where I lived before) and VA (where I live now) they won`t consider you a resident based on married to a state resident rule until you get your permanent residency aka greencard.

[Texanadian 10]

Hello everyone,

My wife and I went last friday to my local Department of Public Safety in Garland, TX (suburb of Dallas) to test for her instruction permit. They turned her away and told her she is unable to test because her EAD is valid for less than one year. She was issued the EAD on 6.12.08 and it expires on 6.11.09 (364 days). Has anyone in Texas encountered this before? The requirements for a driver's license in Texas are outlined here: http://www.txdps.state.tx.us/administratio...equirements.htm

You do qualify under the 1 year clause. 6/12/08 to 6/11/09 is not 364 days. It's 365 days. (The human brain tends to not count the 1st day when counting).....Since her EAD is good for "at least 1 year," she should have no problem getting a driver's license.

The other requirement for the EAD is that it is valid for the next 6 months, which it is.

[JVKn'CVO 11]

How frustrating for you! Regarding tuition fees, I have looked into this for Nevada as I will be facing the same situation. They will allow me to have the resident rate based on my husband living in NV for over 20 years but I will have to show proof of HIS residence along with the marriage licence. I think they want a joint tax return also. I would try again and see if you can speak to someone else about this. Good luck.

Thanks for the information.

Has anyone from Texas had any issues like this?

Hi,

I was able to get a drivers license with my 1 year EAD. They should also know it as I-765, I suggest you try a different place or just talk to someone else in the DMV.

Austin CC has the same residency requirements, you have to be a permanent resident or citizen + have established residence to be eligible for in-district tuition rate.

Saludos,

Caro