New laws to obtain drivers license....

[Thomas&Cleofe 358]

I know this won't affect most of you...just wanted to post because this shocked me.

So, starting Jan 1st 2013, my state has new laws for obtaining drivers license....

For US born, not a big deal. They are requiring birth certificate and/or passport.

But for foreign born LPR they are requiring minimum 5 documents proving legal status in the US.(They did not mention which documents).

This is what confuses me....I did not know that there a 5 documents that prove legal residence in the US.

Can anybody help me as to what these documents might be....????

Thank you.

[Kathryn41 3,205]

Topic has been moved from Immigration News to Moving Here and Your new Life in America as a more appropriate forum to discuss this concern

~~~~~~~~~~~~~~~~~~~~~~~~~

What state are you in? Are all 5 documents immigration related? I think that would be very difficult to do. Most immigrants would only have one document - their green card. I do know that in my state, for example, you need an immigration document that has a date on it, along with a SSN card, and proof of residency in the State. The DL is issued for the same length of time as the immigration document - or 3 years, which ever is least. Perhaps the other 2 documents that your state is requesting have to do with identification and residency?Or perhaps you need to produce one of these 5 documents to prove legal residency, such as a green card, or an I-94 or an EAD, etc.

Edited October 12, 2012 by Kathryn41

[LIFE'SJOURNEY 970]

GC, or EAD card

SS card

Passport

Mail thru the US post office

Bank statement

any mail tht USCIS sends you

[Thomas&Cleofe 358]

GC, or EAD card

SS card

Passport

Mail thru the US post office

Bank statement

any mail tht USCIS sends you

Only 1 of those proves legal status in the US

My wife will never have an EAD(serves no purpose)

and you can be illegal and have a bank account, a social security card, receive mail, have a passport(none of these prove legal status).

[epsonderby 85]

I think you're misinterpreting the term 'legal status'. My state also requires 5 different documents showing 'legal status' for LPRs, included are the ones Life'sJourney mentions, but must include at least one piece of immigration evidence (I-94, GC, I-551, I-797A and some other bits)

I'm sure if you contact your DMV they will clarify that documents such as GC, Passport, mail to your address and a bank statement would be ample evidence for an LPR to obtain a DL.

[LIFE'SJOURNEY 970]

to show legal status within your state. Your mail shows that you are residing legally at said address.

[Thomas&Cleofe 358]

I think you're misinterpreting the term 'legal status'. My state also requires 5 different documents showing 'legal status' for LPRs, included are the ones Life'sJourney mentions, but must include at least one piece of immigration evidence (I-94, GC, I-551, I-797A and some other bits)

I'm sure if you contact your DMV they will clarify that documents such as GC, Passport, mail to your address and a bank statement would be ample evidence for an LPR to obtain a DL.

The DMV is requiring all that now for an LPR....that is why I am confused about the law change beginning Jan. 1

I will definately contact the DMV about what additional they require for an LPR

[epsonderby 85]

The DMV is requiring all that now for an LPR....that is why I am confused about the law change beginning Jan. 1

I will definately contact the DMV about what additional they require for an LPR

Which state are you in?

Would be grateful if you could share what they say when you've had the chance to speak to them.

[Thomas&Cleofe 358]

Which state are you in?

Would be grateful if you could share what they say when you've had the chance to speak to them.

I am from Iowa....

I will definately let you know what additional documents are required.

I need to find out before my wife gets on the plane just incase there is something else she needs to get before she leaves for the US.

[LIFE'SJOURNEY 970]

Dave what could she possible bring from outside of the country to prove that she is legalin the US except her passport.

DMV is concern the the person is legal within the state that they are residing.

[Kathryn41 3,205]

This is what is stated on the IOWA Drivers License website: http://www.iowadot.g...ewresidents.htm

If you were not born in the United States or are not an American Citizen you must:

• Present acceptable proof of identity and proof of residence.
• Not be canceled, suspended or revoked in any state.
• Provide proof of Social Security. If you are a temporary foreign national not authorized for employment, verification of a Social Security number may be waived for a non-commercial driver's license or an ID card. You must, however, present your immigration documents so the Iowa DOT can record the USCIS number in lieu of the SSN.
• Pass a vision test.
• Pass all applicable written test(s).
• Pass all applicable driving test.
• Pay applicable fees.

You will notice that right now they do not require proof of immigrant status if you have a SSN. I would suspect that starting January 1, 2013 they are going to require you to provide proof of legal immigrant status as well, which will be a valid I-94, an EAD or green card.

You say your wife will never have an EAD because she won't be working. You may wish to re-consider that decision. Even if she doesn't work, the EAD is an excellent and relatively quickly obtained piece of US photo ID that is often issued quite some time before the green card is approved. I know that I used mine extensively as ID even when I wasn't working. Since it is included in the same price as the AOS you might as well have her apply for it if only because of the convenience.

Ok - more research and it looks like Iowa is implementing the federal "REAL ID" program in January which means they will now be verifying all documents and yes, requiring immigrants to prove their legal status in the US. This is a federally mandated program. Georgia already has this, so basically it means she will have to have a dated document from Immigration that proves her legal status in the US. Her I-94 will be valid for the 90 days after her entry. Definitely apply for the EAD when you apply for AOS and hopefully there won't be much of an interruption of her driving privileges between the expiry of the I-94 and the issuance of the EAD.

here are details about the program: http://www.kcrg.com/news/local/Federal-ID-System-Set-to-Arrive-in-Iowa-169946366.html?m=y&smobile=y and http://www.dhs.gov/secure-drivers-licenses

Edited October 12, 2012 by Kathryn41

[Thomas&Cleofe 358]

This is what is stated on the IOWA Drivers License website: http://www.iowadot.g...ewresidents.htm

You will notice that right now they do not require proof of immigrant status if you have a SSN. I would suspect that starting January 1, 2013 they are going to require you to provide proof of legal immigrant status as well, which will be a valid I-94, an EAD or green card.

You say your wife will never have an EAD because she won't be working. You may wish to re-consider that decision. Even if she doesn't work, the EAD is an excellent and relatively quickly obtained piece of US photo ID that is often issued quite some time before the green card is approved. I know that I used mine extensively as ID even when I wasn't working. Since it is included in the same price as the AOS you might as well have her apply for it if only because of the convenience.

Ok - more research and it looks like Iowa is implementing the federal "REAL ID" program in January which means they will now be verifying all documents and yes, requiring immigrants to prove their legal status in the US. This is a federally mandated program. Georgia already has this, so basically it means she will have to have a dated document from Immigration that proves her legal status in the US. Her I-94 will be valid for the 90 days after her entry. Definitely apply for the EAD when you apply for AOS and hopefully there won't be much of an interruption of her driving privileges between the expiry of the I-94 and the issuance of the EAD.

here are details about the program: http://www.kcrg.com/news/local/Federal-ID-System-Set-to-Arrive-in-Iowa-169946366.html?m=y&smobile=y and http://www.dhs.gov/secure-drivers-licenses

Thank you so much for clarification....

So basically, starting Jan. 1 Iowa is requiring proof of legal residency, whereas before they did not.

Thank you.

No need for her to apply for EAD as she will be permanent resident upon arrival.

Again thank you for clarifying for me.

[Kathryn41 3,205]

Thank you so much for clarification....

So basically, starting Jan. 1 Iowa is requiring proof of legal residency, whereas before they did not.

Thank you.

No need for her to apply for EAD as she will be permanent resident upon arrival.

Again thank you for clarifying for me.

You're welcome. I'm glad we could get that sorted out . And yes, you're right, your wife won't need an EAD - she'll have a green card. ( I should have paid better attention to your profile information .)

[Brother Hesekiel 2,236]

Since it may confuse you, in your case your wife's passport with endorsed CR-1/IR-1 which temporarily serves as an I-551 is the document you need.

If you were to file for AoS, which you don't, if you went the consular processing route, the EAD would be the ideal and quickest to obtain document to prove lawful presence beyond that of a visitor.

The whole concept behind tightening the net is the Safe ID laws that are now implemented nationally. Interestingly, my new California Driver License which I just received in the mail is the second of these super safe IDs, yet the first one looks much better, whereas the new one has a photo on the right bottom that is so faded that it's hardly recognizable. These licenses are made in Connecticut and have so many features that they simply can't get them done right.

[VanessaTony 3,567]

Thank you so much for clarification....

So basically, starting Jan. 1 Iowa is requiring proof of legal residency, whereas before they did not.

Thank you.

No need for her to apply for EAD as she will be permanent resident upon arrival.

Again thank you for clarifying for me.

They've always required proof of legal residency. I live in Iowa and immigrated in 2009. I got my licence in 2010 and had to show my GC to show legal status to get a licence. I also had to provide a letter that was at least 30 days old to show I lived in Iowa, my passport, my marriage certificate and my SSN. My SSN still had my maiden name as did my passport which is why I needed the marriage licence.

Edited October 13, 2012 by Vanessa&Tony