Driving License Confusion

[alexk 0]

Hi there,

I have done some digging around but cant seem to find a clear answer, or at least one that makes sense.... or at least the one I want.

Today I passed my road test to get my driving license (i am in CA which requires written and road test for all foreigners). i was very relieved, since driving over the last 20+ years I was sure that the enormous amount of bad habits I have picked up would prevent me from passing, but i mustered enough focus and muscled through. anyways, i digress.

In order for the DMV to issue d/l they require verification of legal presence (i think other states have similar requirement). I am still within the 90 days, so they excepted the I-94, but would only issue a temp license which expires the day before the expiry of the I-94. There is a list of other documents that they would accept and the only one that I would be receiving next, which I think will be months down the road is EAD or Notice of Action (I-797 approved petition). So my question is this; When my I-94 expires and before I receive the I-797/EAD, am I not allowed to drive, even though I am now??? Is my understanding accurate and is there anything that I can do to retain d/l while waiting for the AOS process? Is there no document that verifies legal presence after I-94 expires and before receipt of I-797??

Thank you. Any help or information is much appreciated. (I hope I posted in the right forum )

Alex

[Carlawarla 1]

Hi there,

I have done some digging around but cant seem to find a clear answer, or at least one that makes sense.... or at least the one I want.

Today I passed my road test to get my driving license (i am in CA which requires written and road test for all foreigners). i was very relieved, since driving over the last 20+ years I was sure that the enormous amount of bad habits I have picked up would prevent me from passing, but i mustered enough focus and muscled through. anyways, i digress.

In order for the DMV to issue d/l they require verification of legal presence (i think other states have similar requirement). I am still within the 90 days, so they excepted the I-94, but would only issue a temp license which expires the day before the expiry of the I-94. There is a list of other documents that they would accept and the only one that I would be receiving next, which I think will be months down the road is EAD or Notice of Action (I-797 approved petition). So my question is this; When my I-94 expires and before I receive the I-797/EAD, am I not allowed to drive, even though I am now??? Is my understanding accurate and is there anything that I can do to retain d/l while waiting for the AOS process? Is there no document that verifies legal presence after I-94 expires and before receipt of I-797??

Thank you. Any help or information is much appreciated. (I hope I posted in the right forum )

Alex

Drivers license issuance and policy is defined by the State you're living in. Did you ask at the DL office where you were about documentation to keep driving after your I-94 expires? Maybe you need the EAD NOA to keep it going. I'm not sure. Best the office there could assist you. Did they take your DL away from your country of origin?

I couldn't even get a license in my State until I had my GC. So, I just drove with my Canadian license until I could get my DL.

It's a very annoying thing to get your DL, be looking for work with your EAD, yet not be able to drive!

Maybe someone will come along and advise specifically from CA, however I'd bet if you called and explained your situation, someone from the CA licensing bureau could assist in letting you know what documentation you'll need to renew your license after the current one has expired.

Hope you get the answers you want from them!

[tallcoolone 102]

Is there no document that verifies legal presence after I-94 expires and before receipt of I-797??

Thank you. Any help or information is much appreciated. (I hope I posted in the right forum )

Alex

In Texas : When her I-94 was still valid, we went 2 different times and tried to get her a Texas Issued ID and a Learner Permit so she could take a Drivers Class..

They would not do either, they said she must have greencard in hand before they would issue either.

[Ban Hammer 13,716]

mbc

[alexk 0]

i have spoken to several people at DMV of CA and basically they don't know nor do they care about the K1 process, and when and how and what documents we receive. they are instructed to accept certain documents and that's it. how we go about obtaining them is our problem.

The employment authorization card is listed as one of acceptable documents. However I have not applied for it even though I know i could have as soon as entered US, because all the posts advised not to bother since it's temporary until we apply for AOS and would take longer than the 90 days to get. And since it is temp I dont even know if it would have an expiry date on it as well so that it would serve no purpose for the d/l. Maybe someone could verify that.

As far as driving using my Canadian license, CA law states that I need to get CA d/l within 10 days of establishing residence. The definition of residency is not established at the point of getting my PR status, but is loosely based on other factors including intent, which I clearly satisfy. Also by getting my CA license, even if it's temp, my Canadian license is no longer valid... technically.... I think. I tried to do things by the book, but wound up getting screwed.

Of all the hurdles, red tape, and frustration, I didnt expect to have to deal with being unable to drive.

I hope I am not being whiney or sound unreasonable, it's just seems like it's a simple disconnect between the left and right arm, that should have a simple solution.

Still hoping someone has been in this situation and found a loophole.

thank you to those who replied.

Alex

PS. i dont know what "mbc" stands for.

[Stan1234 0]

I'm now living in CA and am in a similar situation. However when I went to the DMV they wouldn't even issue me with a learners permit because I had less than 60 days left on my I-94. The DMV website says:

"If you are a visitor in California over 18 and have a valid driver license from your home state or country, you may drive in this state without getting a California driver license as long as your home state license remains valid.

If you take a job here or become a resident, you must get a California driver license within 10 days. Residency is established by voting in a California election, paying resident tuition, filing for a homeowner’s property tax exemption, or any other privilege or benefit not ordinarily extended to nonresidents."

Now I know I'm not a visitor but under those conditions (I'm ignoring the vague "any other privilege or benefit not ordinarily extended to nonresidents") I'm not a resident either. So I'm just assuming that my UK licence is still good to drive on until I get my EAD. I hadn't heard that if you get a CA license that your foreign licence would be invalid, I thought that only applied to licenses issued in other US states, though I might be wrong?

I've read mixed reviews about even getting a license based on the EAD (as that also temporary and I think has an expiry date) but I enjoyed queuing outside the DMV for over an hour only to sent straight home the first time so much that I'm game to do it again!

Hurdles, red tape and frustration seem to be what its all about - though from the way most people seem to drive around here you'd think they give away licenses free inside cereal packets!

[alexk 0]

Thanks for the reply Stan. Here is from DMV CA site.

"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"

Based on above they should have let you if you were in the 60-30 days range. I may have ran into the same issue (almost wish I did now), but I started the process before the 60 days but got the appt for the road test just past the 60 days mark.

I verified that in CA it is illegal to possess a CA d/l and an out of state d/l. The question is once my CA license expires can I go back to my Canadian license, or if they tag me on the system and thats it, it's null and void. In either case I'm back to the Residency issue. In addition to what you posted as determining factors, here is the small print (always is)

12505. (a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a person’s state of domicile. "State of domicile" means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent.

(D) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.

"but I enjoyed queuing outside the DMV for over an hour only to sent straight home the first time so much that I'm game to do it again!" - ya but at least the ladies working there are friendly

"though from the way most people seem to drive around here you'd think they give away licenses free inside cereal packets!" - i see you've shared the road with my fiancee.

I'm now living in CA and am in a similar situation. However when I went to the DMV they wouldn't even issue me with a learners permit because I had less than 60 days left on my I-94. The DMV website says:

"If you are a visitor in California over 18 and have a valid driver license from your home state or country, you may drive in this state without getting a California driver license as long as your home state license remains valid.

If you take a job here or become a resident, you must get a California driver license within 10 days. Residency is established by voting in a California election, paying resident tuition, filing for a homeowner’s property tax exemption, or any other privilege or benefit not ordinarily extended to nonresidents."

Now I know I'm not a visitor but under those conditions (I'm ignoring the vague "any other privilege or benefit not ordinarily extended to nonresidents") I'm not a resident either. So I'm just assuming that my UK licence is still good to drive on until I get my EAD. I hadn't heard that if you get a CA license that your foreign licence would be invalid, I thought that only applied to licenses issued in other US states, though I might be wrong?

I've read mixed reviews about even getting a license based on the EAD (as that also temporary and I think has an expiry date) but I enjoyed queuing outside the DMV for over an hour only to sent straight home the first time so much that I'm game to do it again!

Hurdles, red tape and frustration seem to be what its all about - though from the way most people seem to drive around here you'd think they give away licenses free inside cereal packets!

[Terrancelee 0]

Good luck in getting your d/l. Every state is different as this is a state issue, not a national one. I know in TX they just changed the law effective Oct 1, 2008 .. you must have a year long visa with at least 6 months left on it to get either a d/l or a photo ID. So my wife is stuck for awhile, now.

[Jasman0717 9]

Claudeth got a identification card from the Calif. DMV and they issued it for the same length of time her conditional card was issued for.