Got driver licence using EAD, 2 expiration dates???

[kiwikeke 0]

Hi everyone,

I don't know if it's the right place to post.

I applied for driver's licence right after I got my EAD, so I got the licence saying TEMP. VISITOR EXP: 09-27-07, but the licence itself expires in 2011. Now I have my green card (2 year conditional)in hand, question:

Should I renoew my licence now to get rid of the TEMP. VISITOR EXP: 09-27-07 line? Or should I wait until it expires? in 2007 or 2011?

Thanks for ur time.

[MaryandMian 1]

Your drivers license is only good until you lift conditons date and then they will renew it for the longer time period. When you lift conditions you then are considered a permanent resident so the dl originally is for the CR period of time per the Real ID Act of 2005.

Immigration Requirements

Verification of U.S. Citizenship and Lawful Status

§202©(2)(A), (B)

• Before issuing a DL/ID, a state shall require and verify valid documentary evidence that the person: (i) is a U.S. citizen, (ii) is an alien lawfully admitted for permanent or temporary residence, (iii) has a conditional permanent resident status, (iv) ) is a refugee or has been granted asylum, (v) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status, (vi) has a pending application for asylum, (vii) has a pending or approved application for temporary protected status, (viii) has approved deferred status, or (ix) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence or conditional permanent resident status
  

Temporary DL/ID

§202©(2)©

A state only may issue a temporary license to persons who presents documentary evidence for the categories (v) through (ix) under the evidence of lawful status section above. A temporary DL/ID:

• Shall be valid only for the period of the applicant's authorized stay in the U.S. or one (1) year if there is no definite end to the period of stay
  
• Shall indicate clearly that it is temporary and shall state the date on which it expires
  
• May be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the temporary DL/ID has been extended by DHS
  

http://www.ncsl.org/standcomm/sctran/realidsummary05.htm

[kiwikeke 0]

Great, thanks MaryandMian for your answer.

Just to clarify, does this mean I only need to renew my DL after my condition is lifted? Will I have any problem using the DL after 9/27/2007 since I can only apply to lift condition after 8/2008?

thanks

[Dr_LHA 3]

Before quoting the REAL ID act at people, you should know that not all states are in line with this yet, and don't have to be until 2008. Particularly annoying to people on here is that most states ignore theo following allowed evidence of legal residence:

(ix) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence or conditional permanent resident status

Great, thanks MaryandMian for your answer.

Just to clarify, does this mean I only need to renew my DL after my condition is lifted? Will I have any problem using the DL after 9/27/2007 since I can only apply to lift condition after 8/2008?

thanks

I don't honestly think the DMV cares if you have a conditional green card or not, personally I would go to the DMV now with your green card and get this wording removed. After all you are now a permenant resident, and the only "condition" on this is that you have to file I-751 to keep it. What state are you in BTW?

[MaryandMian 1]

Dr L,

I pm'd this person too and told them to contact their local DMV. I know for a fact my husband's DL is set to expire when it is time for us to file to lift conditons. Thank you.

Mary

[Dr_LHA 3]

I know for a fact my husband's DL is set to expire when it is time for us to file to lift conditons. Thank you.

Some DMVs will only give you a drivers license for as long as they can show valid residence, as your green card runs out when you need to lift conditions, they simply gave you a drivers license that lasted the same amount of time as your green card. My point was this has nothing to do with your green card being conditional, if you applied for a DL 2 years before your 10 year GC ran out, they would most likely give you a DL that ran out when the GC does also. Of course this depends on state to state.

This is different from having the "temp res until" marked on your drivers license like the OP.

[kiwikeke 0]

Thank you both for answering my question, I will do what you "both" say, contact my local DMV. btw, I am in NY.

I thought there are people here applied for their DL right after getting the EAD, and they might have the same situation, that's why i posted here.

Happy Holidays

[Kez/JWolf 6]

When I got my DL all I had was my SSN and my EAD..... my DL is valid for 10 years and has no restrictions on it... so it depends on your state.... I am in MA

Kez

[Dr_LHA 3]

When I got my DL all I had was my SSN and my EAD..... my DL is valid for 10 years and has no restrictions on it... so it depends on your state.... I am in MA

I think as a Green Card holder you should have an unrestricted license, after all you're a permenant resident, the restrictions that get placed on "non-immigrants" getting DLs should no longer apply.

However, each state has their own petty ways.