DMV decision letter is unbelievable

[philabride 0]

Ok, i posted a thread that I couldnt get a driver's license with k-1 visa in Philadelphia

before and told you guys that I would be receiving a letter from Harrisburg (DMV headquaters)

whether or not they would let me apply for a license.

the letter says

I will not be eligible for a driver's license or photo ID because they have got a report

from USCIS that I will not be lawfully present in the US for at least a year.

I have 797Cs to prove my case is pending, and how could I be not lawfully present here

for at least a year?

DMV was trying to help but they just claims that there is not enough evidence I am lawfull

in this country. I have marriage license, 797Cs, ... what else could it be?

I just want to get a driver's license so I can do some volunteer work (they need to see my PA ID)

while I wait for my green card.

This is so frustrating, now I have to wait for my greencard to do anything.

[visacheck 3]

Ok, i posted a thread that I couldnt get a driver's license with k-1 visa in Philadelphia

before and told you guys that I would be receiving a letter from Harrisburg (DMV headquaters)

whether or not they would let me apply for a license.

the letter says

I will not be eligible for a driver's license or photo ID because they have got a report

from USCIS that I will not be lawfully present in the US for at least a year.

I have 797Cs to prove my case is pending, and how could I be not lawfully present here

for at least a year?

DMV was trying to help but they just claims that there is not enough evidence I am lawfull

in this country. I have marriage license, 797Cs, ... what else could it be?

I just want to get a driver's license so I can do some volunteer work (they need to see my PA ID)

while I wait for my green card.

This is so frustrating, now I have to wait for my greencard to do anything.

Maybe DMV misinterpreted the report they got from USCIS.

Im sure USCIS told them that your greencard application is still being processed.

Maybe DMV thought that not having a greencard even if case is pending with USCIS means you are not lawfully present here.

Did you not apply for EAD?

[philabride 0]

yes I applied for EAD and received 797C for that as well.

Maybe I have to wait for EAD ...

[tommys_girl 0]

Hi i think you need to wait til u have your EAD in your hand, i live in Louisiana and i was unable to get a drivers license until i got my EAD and i was unable to open a bank account until i got my Drivers License, its a vicious circle. hope you get your EAD soon. best of luck.

[anitacastillo 0]

The DMV (in most states) need a govt issued doc (i.e EAD), not just the application - which shows you have legal status in the US for more than 30 days.

The AOS period is tough -- have patience!

[Damian&Kelly 16]

I actually live in Harrisburg, and been to penndot, not a good thing! It's a mess there. My husband went to get a PA Photo ID when he got here on the K-1, Well the K-1 had expired, I mean the I-94 expired, and we had the NOA from AOS. The man had no idea at all and told my husband he was here illegally, though we got married in 90 days and filed for AOS. So in conclusion you do need EAD to get a PA photo ID or a PA License/Permit.

PA has good and bad points.. Good: You can drive on your foreign license for 1 year. Bad: you can't get a PA license/ID without your EAD.

PA is one that wants to make sure you have legal status for either 1 year or 6 months, I forget which they told us. I do know that your I-94 has to be good for over 90 days.

As for the bank account, Here in PA, you can open a bank account just so you have a SSN, though it might vary from bank to bank. We just had trouble opening one because my husband had only one form of PA ID, They didn't want to except UK passport, green card, EAD, UK license... I had to argue with the guy. though he finally excepted his Green card and PA ID card but never asked for his SSN.

[visacheck 3]

If you can drive in PA using your foreign license then i suggest you apply for PA license using your GC not your EAD. You wont have to renew it immediately.

[Gary and Alla 3,694]

yes I applied for EAD and received 797C for that as well.

Maybe I have to wait for EAD ...

EAD does not grant presence in the USA, it is a work permit. But meither does the I-797C grant any privilege. Aparentally PA does not accept the I-797C as proof you can remian in the US for more than one year. In Vermont you are required to prove you can stay for 180 days and they DO accept the I-797C as proof. PA does not. Each state does their own thing in this regard.

You can ask them if the EAD is acceptable, if not, you will have to wait for the green card.

[Stephen + Elisha 92]

It sounds to me like the PA DMV erred in interpreting their own regulations. See http://www.dmv.state.pa.us/pdotforms/fact_...ts/pub195nc.pdf - details of required documents for AOS applicants are on page 5.

[Gage 2]

It sounds to me like the PA DMV erred in interpreting their own regulations. See http://www.dmv.state.pa.us/pdotforms/fact_...ts/pub195nc.pdf - details of required documents for AOS applicants are on page 5.

Individual states have their own rules, but what's frustrating is that sometimes even the people you talk to at DMV don't know what the rules are. Here in SD, my wife was able to get a temporary license quite easily while her I-94 was still valid. Once that expired, however, we entered twilight zone. One person at the state DMV office told us she'd have to have an EAD or Green Card to get her license renewed. I called back a few weeks later and was told by another employee that a copy of our marriage license, in addition to our NOA1 for AOS, EAD, and advanced parole documents, would be enough for her to get another temporary license until her Green Card arrived. We're going to try it again based on the recommendations of the second DMV employee, but we'll see what happens.

[philabride 0]

Everyone

Thank you for sharing your experiences.

Now I know I probably have to wait for EAD or Greencard to settle down and do things in society.

I am tasting bitterness of AOS now...but it is just a matter of time, right?

Thank you all

[bassagitator 1]

yes I applied for EAD and received 797C for that as well.

Maybe I have to wait for EAD ...

EAD does not grant presence in the USA, it is a work permit. But meither does the I-797C grant any privilege. Aparentally PA does not accept the I-797C as proof you can remian in the US for more than one year. In Vermont you are required to prove you can stay for 180 days and they DO accept the I-797C as proof. PA does not. Each state does their own thing in this regard.

You can ask them if the EAD is acceptable, if not, you will have to wait for the green card.

They do accept this as proof. I was able to get my drivers liscense with my work authorization, it was a huge battle, but was eventually able to show to Penndot that they had to grant the liscense BASED on the I-765. I actually got a manager fired at the lehigh valley office, because he was a rude SOB, who thought that he knew more then me, and was very arrogent about it! And once I was able to show him the fact that I was elgible, he threatened to have me removed from the office by security. I place a calll to harrisburg, who told me to go the Easton location, to get my liscense approved. I wnet back about a week later to the Lehigh Vally office, and the manage had already been fired by that time!

Keep trying, you may have to visit multiple office locations, and I would wait until your Work Authorization document was in your possesion.

Edited November 4, 2009 by bassagitator

[Damian&Kelly 16]

They were also very rude at the Harrisburg office! Kept telling my husband he was going to be deported. He had no clue what a K-1 was or what AOS was and was clueless about my husband's NOA for AOS. Just didn't like not knowing what's going on so just acted like he knew more then us. When I walked in with a huge folder of papers proving he's here legally and in the process of getting his green card. So much hassle! But yes EAD does work as proof.

[Gary and Alla 3,694]

They were also very rude at the Harrisburg office! Kept telling my husband he was going to be deported. He had no clue what a K-1 was or what AOS was and was clueless about my husband's NOA for AOS. Just didn't like not knowing what's going on so just acted like he knew more then us. When I walked in with a huge folder of papers proving he's here legally and in the process of getting his green card. So much hassle! But yes EAD does work as proof.

All of us need to KNOW our states rules and regulations regarding these things. Fortunatley the web makes that easy, as Stehpen points out above with a link. DO NOT count on the people at DMV, the SS administration etc. to know ANYTHING about their job...it is not a requirement. The first person you see when you walk into any of these offices is likely not the best person to ask, and they will NEVER tell you...@I don't know, let me check with a supervisor" Instead they will say aomething like "Your husband is here illegally" Which is really not so funny as it is serious.

We had this issue with Vermont DMV for our K-2 son. Vermont does not require an EAD, the receipt for filing is sufficient. But then the girl at the counter says he needs an SSN. "NO...he does not" "Oh yes, he does" "NO...he does not" "Yes he does , it is in the manual" "Show me" Waiting, waiing, waiting

Hmmmm..."It was there yesterday, right?" Hmmmm, ummmmm "Maybe you should get a supervisor?" @No, we can give him the test but we can't issue the drivers lisence until he brings back his SSN" (this is where they just can't call a supervisor and need to enact new legislation right in front of your vary eyes)

"Oh, you found that in the ,manual?" Ummmmmm. "Get a supervisor please NOW" Supervisor comes...guess what...no SSN needed, she tells the airhead clerk to enter 999-99-9999 in the SSN number place. Now the clerk was ignorant which is NOT her fault, but then she tries to make up rules and laws, which IS her fault.

While waiting for my sons test another visa holder comes into the same office...a K-1. The SAME clerk tells her the SAME thing and the woman is about to leave when I intercepted her and told her what happened. She went back and asked for the supervisor and got her criver's license. Some government clerks are determined to be ignorant no matter how hard you try to train them.

KNOW your stuff and bring documentation with you, you will likely have to train them and it may be the third of fourth time that day.

[philabride 0]

wow that is a quite story! but I understand you, they could be really really ignorant and rude. One lady treated me like I was here illegally...asking how come your husband isnt here with you then? When I accused her of being a bit racist, she was upset and denied being suspicious. PA DMV specifically lists what each visa type require to get a driver's license. I had everything, and they still dont give us a license. Harrisburg is the same, hard-headed

ignorant. I will just wait until EAD comes. I might end up calling Harrisburg like you did.