Passing CA Drivers License when i-94 is about to expire

[babsloblaw 6]

Hi, I've tried contacting the DMV helpline, but they were not helpful at all, so I was wondering if anyone has had a similar experience --

I'm on a K1 right now, and I'm going through AOS. My i-94 is going to expire on Aug 19, 2014.

I started my application with less than 60 days on my legal presence doc, so I know for sure won't be issued anything.

The actual application is expires on June 23, 2015, but my learner's permit expires with my i-94.

So my question is: what happens to my application in the following cases:

1) I couldn't pass my drivers test before Aug 19. -- I'm guessing I have to come back afterwards (with an EAD or GC) to retake the written test and get another permit?

2) I pass my drivers test, but my EAD/GC doesn't arrive until 1 - 2 months after the permit expires: Will they put my application 'on hold' until I provide a legal presence doc, or will I have to do the written and/or driving test all over again?

Any help in the right direction is very much appreciated. Thank you!

[Ian H. 207]

You may wan to contact the DMV as they have very specific and annoying rules. The expiration of the I-94 will be irrelevant until after you have your EAD. I suggest you wait for the EAD and apply with that because that way you know for sure that your license will be valid. I know here in NY, the licenses don't expire even if the EAD does. Of course, if you pass your test and your permit expires before you receive your EAD it's perfectly possible that you won't have to take the test again because it would be on the system that you passed the test. Here in NY again, the test stays in the system for 2 years, so you really have to find out with the DMV to be sure. If you can't like I said, to be on the safe side wait for the EAD. Also do you already have an SSN?

[khwaidee1 196]

We waited until my wife got her GC before taking the driving test. One thing we overlooked, the GC was in her married and her SSN was in her maiden name. As we found out, the two have to match so we had to go to SS office to get it fixed before she could take the written test. They said that the license would only be valid until the expiration of her GC (1/15/15) but it is good for four years.

[Ian H. 207]

CA sucks! Her license shouldn't expire just because her green card expires. A permanent resident is "permanent" and the fact that the card is expired shouldn't cause the DL to expire automatically.

We waited until my wife got her GC before taking the driving test. One thing we overlooked, the GC was in her married and her SSN was in her maiden name. As we found out, the two have to match so we had to go to SS office to get it fixed before she could take the written test. They said that the license would only be valid until the expiration of her GC (1/15/15) but it is good for four years.

[khwaidee1 196]

CA sucks! Her license shouldn't expire just because her green card expires. A permanent resident is "permanent" and the fact that the card is expired shouldn't cause the DL to expire automatically.

Agreed but, the Permanent Resident status on the 2 year card is just that two years. They said it would be good until the GC expired but the expiration date on the CDL is four years so we are good with that!

[babsloblaw 6]

You may wan to contact the DMV as they have very specific and annoying rules. The expiration of the I-94 will be irrelevant until after you have your EAD. I suggest you wait for the EAD and apply with that because that way you know for sure that your license will be valid. I know here in NY, the licenses don't expire even if the EAD does. Of course, if you pass your test and your permit expires before you receive your EAD it's perfectly possible that you won't have to take the test again because it would be on the system that you passed the test. Here in NY again, the test stays in the system for 2 years, so you really have to find out with the DMV to be sure. If you can't like I said, to be on the safe side wait for the EAD. Also do you already have an SSN?

Thanks! I asked the DMV helpline, but the CS rep wasn't helpful at all. My plan is to just keep quiet and take the driving test and hope I pass. Then I explain the situation afterwards and hope they won't make me go through all the same hoops again.

Yes, I already have an SSN.

[babsloblaw 6]

Agreed but, the Permanent Resident status on the 2 year card is just that two years. They said it would be good until the GC expired but the expiration date on the CDL is four years so we are good with that!

Thanks for sharing! They're actually coming up with the AB60 driver's license next year where you don't have to prove legal presence to drive. I haven't read into it so much though, because by the time it comes out it'd already have been irrelevant to my case.

[khwaidee1 196]

Thanks for sharing! They're actually coming up with the AB60 driver's license next year where you don't have to prove legal presence to drive. I haven't read into it so much though, because by the time it comes out it'd already have been irrelevant to my case.

They still have a lot to work out with the AB60 licenses. The feds won't sign off on what's been proposed thus far. But, it's another step in immigration reform I guess, we've got DACA in place which probably has a lot to do with the recent activity at the border. Giving Calif. drivers licenses probably won't help much either.

[babsloblaw 6]

um, I guess just to close the topic, I passed the driving test, and the DMV clerk recorded the results. I explained the situation, and she just told me to come back when I receive my EAD to have my license printed out. She also gave me all my papers back just in case (driving test score, permit, application).