Getting DL before EAD in FL

[lala1 21]

Does anyone know if it is possible or has anyone successfully gotten a Drivers license prior to getting EAD , using NOA's and (or) other forms of ID's such as passport and proof of residency ?

I appreciate all constructive advice, Thank you !

[Pitaya 2,577]

~Moved from WST-based AOS to Moving Here and Your New Life in America Forum~

~Similar topics are often discussed at this forum~

[Enigma23 68]

Hi!

I am pasting in my posted response from another post. I hope it helps!

He can get a license but it will expire when his I-94 expires. 90 days after arrival.

This website will tell you what you need to bring.

http://www.gathergoget.com/

Florida law requires identification, proof of date of birth, proof of residential address, and proof of social security number (if issued, Chapter 322, Florida Statutes, requires the Department see proof of social security number for the issuance of driver license and identification cards) from all customers before a driver license or identification card can be issued. The name assigned to the social security number must match the name that will appear on the Florida driver license or identification card. If you have recently changed your name, update your records with the Social Security Administration before you apply for your license or identification card.

Each Non-Immigrant renewing or applying for a new driver license or identification card in person after January 1, 2010 must submit:

See this website for the Checklist of Documentation needed:

http://www.gathergog.../checklist.aspx

[lala1 21]

Hi!

I am pasting in my posted response from another post. I hope it helps!

He can get a license but it will expire when his I-94 expires. 90 days after arrival.

This website will tell you what you need to bring.

http://www.gathergoget.com/

Florida law requires identification, proof of date of birth, proof of residential address, and proof of social security number (if issued, Chapter 322, Florida Statutes, requires the Department see proof of social security number for the issuance of driver license and identification cards) from all customers before a driver license or identification card can be issued. The name assigned to the social security number must match the name that will appear on the Florida driver license or identification card. If you have recently changed your name, update your records with the Social Security Administration before you apply for your license or identification card.

Each Non-Immigrant renewing or applying for a new driver license or identification card in person after January 1, 2010 must submit:

See this website for the Checklist of Documentation needed:

http://www.gathergog.../checklist.aspx

Thanks for your response Enigma, From the list you provided it seems the only I-797's that are accepted are persons who have applied for refugee status or asylum.. I do have a SSN but it has the " valid for work with DHS authorization only " stamp on it , & my old EAD is expired so I dont think I would be able to use my SSN as ID. I forgot to mention I have an expired learners permit , do you , or does anyone else know if I could just renew it prior to taking my Driving test, or would I have to get a whole new one?

[Enigma23 68]

Thanks for your response Enigma, From the list you provided it seems the only I-797's that are accepted are persons who have applied for refugee status or asylum.. I do have a SSN but it has the " valid for work with DHS authorization only " stamp on it , & my old EAD is expired so I dont think I would be able to use my SSN as ID. I forgot to mention I have an expired learners permit , do you , or does anyone else know if I could just renew it prior to taking my Driving test, or would I have to get a whole new one?

Hey! I think maybe you missed a couple of things unless you are saying you are outside of your initial 90 days and have not adjusted status... is that right??

If you have filed your AOS after marriage the NOA1 for that should suffice otherwise the unexpired I-94 should count plus proof of residency, etc. outlined below.

I can't tell where you are in the process because you don't have a timeline filled out...

• Proof of nonimmigrant classification provided by United States Department of Homeland Security (Form I-94, not expired, with required supporting attachment(s). If in doubt regarding required documents, please bring all of your US BCIS documentation with you.). I-94s must be accompanied by a valid Passport with a date of entry stamp. Certain classifications require additional documentation. Some examples are:

  • F-1 and M-1 classification must also be accompanied by an I-20.

  • I J-1 or J-2 designation must be accompanied by an DS2019.

  • Refugee, asylee and parolee classifications must be accompanied by additional documentation.

• Two proofs of residential address from applicant's parent, step-parent, legal guardian or other person with whom the applicant resides, along with (see next)
• A statement from a parent, step-parent, legal guardian or other person with whom the applicant resides, combined with two proofs of their residential address (see above)

Edited July 9, 2014 by Enigma23

[lala1 21]

Enigma, I should have explained my case a little more, i think you've presumed i'm adjusting from K1. Im adjusting from B2 overstay, therefore my i94 is expired. In light of this, Is there an applicable solution to my original question ?

[Kathryn41 3,205]

Unfortunately, no. You are going to have to wait until you have an immigration document that has a date on it that shows the length of your valid authorized stay in the US. The NOAs have no date so they are not acceptable as there is no indication how long the DL can be issued for since it is tied to your legal residency or presence. The EAD, when it arrives, will be valid for one year and is renewable so when your DL will be issued with an expiry date that is the same date as is on the EAD. When you get a new dated immigration document showing your legal presence or residency is extended, such as another EAD if your green card is taking a long time to process, or the green card itself, then the DL will be issued with a date based upon the date on the immigration document you use.

I am not sure if you would have to do a driving test all over again or not in Florida. To get the initial DL in Georgia, you do, but to extend the DL each time all I needed to do was bring in the new dated immigration document. Since your DL is expired, they may make you redo the tests, but regardless, if you are not a US citizen, then you do need to have a dated document from immigration showing that you are legally present in the US before you can get a US based DL. It didn't use to be this way, but it has now become the norm in virtually every state.

[NancyNguyen 1,657]

You need to have at least a document which has a certain period of authorized stay to apply for DL.

[Enigma23 68]

Enigma, I should have explained my case a little more, i think you've presumed i'm adjusting from K1. Im adjusting from B2 overstay, therefore my i94 is expired. In light of this, Is there an applicable solution to my original question ?

Hi!

Yes, I tried to give you basic info thinking you came on perhaps a fiance or spouse visa. So I defer to what Kathryn41 said... since you have a Learners permit though... you "should" be able to test and get your license once you have a valid period of stay documented and have enough time with a valid Learner's Permit to exchange it for a DL.

Best wishes!!

Also you didn't mention if you do or not.. but if you do have a valid drivers license from your home country you should be okay to drive with that (at least in Florida for sure... check for other states) while you are being processed.

Edited July 10, 2014 by Enigma23

[lala1 21]

Thank you all for your replies! Much appreciated