Refused CA drivers license

[wayfarer1983 0]

Yep, I presented my EAD.

[bigdog 376]

Homeland Security has made lots of new rules on Drivers Licenses and immigration. The license is the closest thing the US has as an national ID card. Most LE in Ca are not up to speed on this unless they are strictly working traffic enforcement, FYI the tickets are expensive but can be dismissed if you show up with a DL at court.

[newlyweds2010 208]

Many new Californians have experienced the same, you are not alone. I had to wait several months until I could finally get a driver license. With your foreign license you're allowed to drive only for 10 days upon moving to California.

In any event, even if your fiance had received a license now, it would have expired at the same time of the I-94: in less than 3 months. To get a 5-year license, he will have to wait at least until he receives his EAD.

I think as soon as your file for AOS and have your I797, apply for the DL, it will expire in one year when the I797 expires.

No, that doesn't work. an application for AOS could always be denied, then won't give you a license based on that.

[newlyweds2010 208]

Hil,

technically he's not a resident until your AOS will be approved (btw It doesn't take years don't worry ). If everything goes smooth the average time for K-1s AOS filers is around 2 months and something. Anyway since he's not a resident at all he should still be allowed to drive up to 90 days

For DMV purposes, a person living in California is a resident and needs a California driver license, regardless of his or her immigration status. Some people have argued their non-resident status, and have lost.

[brian_n_phuong 193]

We just purchased another vehicle for him to drive around as our public transportation system is atrocious where I live. Now I have to be his chauffeur until he gets his AOS which can take months to years!! Makes no sense!

Has anybody else experienced this? What can be done? The DMV guy kept saying something about having an extension on the visa but I am pretty sure that is not a possibility for the k-1 visa. I thought about waiting for our NOA1 from our AOS and taking that to our UCSIS office and asking them to give us something so that he can get his license.

Thanks in advance for your help.

Well, more than half the state is driving around with no valid license, so whats one more?

[Brother Hesekiel 2,235]

I don't want to get in a p*ssing match with people, but I'd like to confirm that I stand by what I stated in my original post.

Once cannot become legally a resident of California before he becomes a resident of the United States of America. Federal law trumps state law. No way to become a brain surgeon without having an M.D.

[Boiler 45,165]

Guess which law applies to DL's?

[missicy 87]

When I applied for a drivers license I didn't have an SSN either, but they just stated "Needs SSN" on my writing test permit. When I took the test though they said they couldn't give me a driving test permit because I needed my SSN. So you can apply and take the written, but you need the SSN still to take the behind the wheel.

Not in California. They verify your SSN before they even let you take the written test. No SSN, no written test.

People, DMV rules are different in different states. Just because something worked for you in Virginia or Illinois (or any other state), it doesn't mean that the same will work in California so stop giving advice if you applied for DL in a state other than CA and you don't know rules in CA.

Edited December 10, 2011 by missicy

[ceadsearc 516]

Not in California. They verify your SSN before they even let you take the written test. No SSN, no written test.

People, DMV rules are different in different states. Just because something worked for you in Virginia or Illinois (or any other state), it doesn't mean that the same will work in California so stop giving advice if you applied for DL in a state other than CA and you don't know rules in CA.

The commenter you are replying to IS in California, so obviously some DMVs in California do allow a written test without a social.

DMVs are notorious for not following the same rules even within a state because the rules are ever-changing and the employees are not always up to date. I don't think anyone is saying that what worked for them in one state will necessarily work in California, they are stating that in X state X law applied, so that maybe the OP might have some things to look into. Hopefully the OP is looking at the rules on the California DMV website and printing them out if necessary and not simply taking advice online from anyone either in OR out of California without verifying the information.

[newlyweds2010 208]

The commenter you are replying to IS in California, so obviously some DMVs in California do allow a written test without a social.

DMVs are notorious for not following the same rules even within a state because the rules are ever-changing and the employees are not always up to date. I don't think anyone is saying that what worked for them in one state will necessarily work in California, they are stating that in X state X law applied, so that maybe the OP might have some things to look into. Hopefully the OP is looking at the rules on the California DMV website and printing them out if necessary and not simply taking advice online from anyone either in OR out of California without verifying the information.

When I took the written test, the DMV requested proof of my legal status (they were ok with the EAD, but the AOS I-797 was not enough). After that, I was admitted to the the behind-the-wheel test exclusively on the written test results and the temporary driving permit, no need to prove again my legal status. They wouldn't even let me take the written test pending my AOS approval.

[ceadsearc 516]

It's interesting how things vary from state to state and location to location. I truly think all employees are not up to date on all the rules or are just unfamiliar and uncertain what to do in some cases. In my state there is more confusion because they CAN issue you a license with the 797 + EAD but they don't HAVE to, it's at their discretion. Hard for anyone (in any state!) to know what to do with so many conflicting accounts!