California Driver License, the cops & the dmv

[obnancy 5]

Hi. My husband came on a B2 visa in January, expiring July 31, 2010. While here, we decided to get married. Before our wedding, my husband bought a truck and got it insured using his Australian license. He got pulled over for a tail light out. The officer told him he was here for more than 10 days and was required to get a CA liceanse and gave him a ticket for not having one. Being a good to be new citizen, he immediately went to the DMV and waited three hours to get an appointment and then come back and take the written and driving test. They gave him the liceanse and told him to surrender his Australian license. (side note: when he showed up on court on the required date and waited four hours, they said the officer has not yet filed the ticket, but the officer gets 18 months to, so you need to check back every month, - line is three hours long every day - to see if it was every filed. Realllllly!)

When I went to get insurance quotes, I noticed his license expires on July 31, 2010 the day his I -94 expires. I called the DMV to ask how to extend it and they said it was not possible without approval of his adjustment of status. I explained, per the USCIS own website that this can take six months and he will have no license. I told her I have confirmation that the case is being worked on and we are trying to do everything by the book. She told me "Well, I guess you will have to chauffer him around." I have significant assets and can not afford to have him drive without insurance, which requires he have a valid license. Any advice????

Thanks,

Nancy

[belinda63 3,038]

Don't let him drive until he has his new license. This is pretty standard for a lot of states, they won't issue a driver's license to someone who does not have status to be in the US and as his status is pending until he receives his green card they can and appears will refuse to give him a driver's license.

[Kathryn41 3,205]

This is a problem many new immigrants face - they can only get a driver's license that is valid for the same length of time as their immigration document. Once that document expires, then so does the license.

When your husband applied to adjust status did he he also apply for the Employment Authorization Document (EAD)? It is generally processed faster - about 60 days - and it is a dated immigration document valid for one year when issued. He can then use the EAD to get the driver's license valid for one year which can then be re-newed for 2 years when the 2 year conditional green card arrives. If he did not file for it with the AOS he can file for it now - you need to include a copy of the NOA1 you received for the AOS with the application and there is no additional fee.

90 days before the 2nd anniversary of his 2 year green card he needs to file to remove conditions on his green card and get a 10 year green card. USCIS will issue a letter that will extend the validity of his existing green card for another year, and that should be good to get the driver's license renewed for a year as well. It is very frustrating being an immigrant and having to jump through all of the hoops associated with getting and keeping a driver's license.

You are going to have to make alternative arrangements for him from the time the I-94 expires until he receives either the EAD or the green card. He will not be able to drive legally. There isn't any way around it. (Is it feasible that he ride a bike for those 2 months or so to get around? This is a serious suggestion.)

Edited July 9, 2010 by Kathryn41

[Brother Hesekiel 2,236]

Just like a passport, the Australian DL is property of Australia, a sovereign nation. Unless the license of another State of the Union, it cannot be taken away by a dumbf*ck DMV drone in the US. As we all know, DMV employees are stupid as a piece of wood. Not all of them, of course, only about 99%. Cops are only insignificantly less stupid, which is why they have no real job.

If someone told your husband that he has to run around the DMV building naked, in the middle of the night, then talk to a bald guy named Bubba in order to get his license back, do you think he would have done that too?

Hubby has been bullsh*tted, and he allowed it to happen.

Harsh words, but sometimes the truth hurts. Goddammed!

Edited July 10, 2010 by Just Bob

[NigeriaorBust 4,087]

Even if he had kept the his foreign license it would still mean he has to wait for EAD/green cad to drive in CA. The problem is his is going to have to park his truck and find other transport for a few months.

[Brother Hesekiel 2,236]

No, he should have used his Australian license until he can get a US license.

He can get a US license once he becomes a resident.

He becomes a resident once his AOS is approved.

It's really that simple.

The cop was an idiot. Not surprising at all.

[Kathryn41 3,205]

No, he should have used his Australian license until he can get a US license.

He can get a US license once he becomes a resident.

He becomes a resident once his AOS is approved.

It's really that simple.

The cop was an idiot. Not surprising at all.

It does vary by state, and what the OP is facing in California may seem unreasonable but each state defines Residency differently. In Georgia, once you have a residential address you are a resident - it is not based upon immigration status - so yes, there will be conflicts between requirements for residency that can not yet be proven by immigration documents but immigration documents are required to obtain certain benefits such as a DL. The immigrant is stuck somewhere in the middle until one of the situations changes. The cop in this case was following the State requirements which don't take immigration requirements into account, hence the conflict. He is being a jerk, though, by not filing his paperwork in a timely way.

The real problem is having dated proof of status. Legislation in many states now requires immigrants to provide proof of their legal status in the US in addition to residency. NOAs for AOS are not accepted as proof as they have no specific period of validity stated on them. When the I-94 expires the driver's license also expires.

I don't know if California is the same but in Georgia, to register a vehicle in Georgia you need to have a Georgia Driver's License and you need to have Georgia insurance. Until recently Georgia also required you to surrender your foreign or out of state License upon getting a Georgia DL. It was actually illegal in Georgia to have more than one license in your possession at one time. The law has since been changed but when I first applied if I wanted a Georgia DL I had to hand over my Ontario license. I drove on my Canadian License until I got my EAD because I could not get a Georgia DL as my I-94 had expired by the time I applied. I was told I could probably do this up to a year unless stopped by the police and told that I needed to get a Georgia License before I could continue driving. Fortunately, I was never stopped but as soon as I got my EAD I got my Georgia license. I know other Georgia residents who were told flat out they could not drive on their foreign licenses after 30 days as a resident.

So, residency is not based on when you get your AOS - it is based upon when the State determines you to be a resident.

Edited July 10, 2010 by Kathryn41

[Boiler 45,576]

My State the wording was iffy, but each state has its own definition of residency and the Feds have multiple definitions depending on what you are talking about.

EAD was needed for me.

Probably easier to get another copy of his Aussie license.

[newlyweds2010 208]

Same problem here, except that I quit driving before being pulled over for whatever reason.

I think this rule is stupid, because we could legally drive as tourists but not in this limbo position until adjustment of status. But it's the law.

As of surrendering the foreign driver's license to the DMV, I'm not going to give them anything: this would result in not being allowed to drive when I go back home on vacation.