I need a driver's license

[Amhara 460]

The public law is here:

https://www.gpo.gov/fdsys/pkg/PLAW-109publ13/html/PLAW-109publ13.htm

You are right that it is a minimum standard. But if they deny you a license because they think you violated immigration law, then that is the reason, not because they decided not to accept every document in the REAL ID act.

In my State:

Wyoming Statutes: 31-7-108 (b) (vi)
(b)  The division shall not issue or renew any driver's license to any person:
(vi)  Who is in violation of the immigration laws of the United States;

So, if you are not in violation of immigration laws, you get a license, if you otherwise qualify.

If your state issues a license on an I-94, they should issue on AOS, they just don't know you are legal with AOS.

No, I disagree. Notice that this act has nothing to do with driver's license. I know you don't agree with me; but this law is NOT regulating state mandates on what can or cannot be accepted for issuing driver's license. What this law is actually doing, is saying what must be in place for that state's driver's license or identification cards to be used for "official purposes" - accessing Federal facilities, boarding federally regulated commercial aircraft, entering nuclear power plants, and any other purposes that the Secretary shall determine.

So while it's completely affecting everything to do with a state's driver's license program, it does not change state law. It appears that this law will require us to have either this REAL ID's or US passport to board a plane (which is probably how most of us will be affected by this law).

This is why DHS can say this does not apply to being licensed to drive by a state. However, I think you should use that WY statute when you apply. Based on what I am reading with this PL, I don't think you should use the REAL ID act unless it's to get a temporary driver's license from WY to the time when the EAD or GC arrives.

[EricAndOrn 30]

The bad news is that the list you provided, EricandOrn is actually retracted in the very next subsection (if that's what's it's called).

No, I do not agree that it is retracted. It only talks about the expiration date of the license.

Basically the jist is, you can only get a license while you are legally in the country, so you license expires with your documentation (Thats why an I-94 issued license expires with the I-94), since the AOS has no ending date (no definite end), they may issue for 1 year. (And these are for REAL ID compliant licenses)

Of course states may still issue non-compliant licences and they must be marked as such. Wyoming has driver's permits and driver's licences.

[EricAndOrn 30]

No, I disagree. Notice that this act has nothing to do with driver's license. I know you don't agree with me; but this law is NOT regulating state mandates on what can or cannot be accepted for issuing driver's license. What this law is actually doing, is saying what must be in place for that state's driver's license or identification cards to be used for "official purposes" - accessing Federal facilities, boarding federally regulated commercial aircraft, entering nuclear power plants, and any other purposes that the Secretary shall determine.

So while it's completely affecting everything to do with a state's driver's license program, it does not change state law. It appears that this law will require us to have either this REAL ID's or US passport to board a plane (which is probably how most of us will be affected by this law).

This is why DHS can say this does not apply to being licensed to drive by a state. However, I think you should use that WY statute when you apply. Based on what I am reading with this PL, I don't think you should use the REAL ID act unless it's to get a temporary driver's license from WY to the time when the EAD or GC arrives.

I actually agree with you. It is the state statute that I base my claim on. I only present the REAL ID act as evidence that pending AOS is acceptable for purposes of the act.

I know states do not have to follow the act (Wyoming only voluntarily complies with the act and changed a few statutes to accommodate that) and they are minimum requirements. It is the state law that counts and many states have the same requirement, you must be in the country legally, but the DMV does often (due to ignorance) not recognize the pending AOS to be legal presence in the country.

You may also present other evidence, for example the interoffice memorandum from USCIS clarifying unlawful status while enjoying legal presence. But this is a much more difficult read and quite frankly, goes over the head of most DMV employees.

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF

Bottom line: If your state statutes say "you can't have a licence because you are illegal", you have to prove to them, and more importantly, have them accept your proof of legal presence. Your evidence is your I-797 NOA for AOS and the corresponding entry in the SAVE database.

[EricAndOrn 30]

However, I think you should use that WY statute when you apply.

Exactly. This is the point I am trying to make.

My state refused licenses to DACA beneficiaries. They changed their mind.

They then issued licenses to people "who are here on authority of the attorney general" (DACA)

K-1 folks on AOS are here under the same authority.

Therefore, if they don't issue licenses to K-1 folks, but do issue to DACA folks, that's a potential 14th amendment issue. That's the angle.

[Amhara 460]

I actually agree with you.

Bottom line: If your state statutes say "you can't have a licence because you are illegal", you have to prove to them, and more importantly, have them accept your proof of legal presence. Your evidence is your I-797 NOA for AOS and the corresponding entry in the SAVE database.

LOL! So we do agree with each other! Yeah, I really don't think that the state'e licensing authority can tell us "because you are illegal", but I think they can tell us "because you don't have the right paperwork or DHS document".

A foreign national is eligible for permanent resident status just by being married to an USC. Really, that should be enough. It's a thousand day gone dollars to AOS! Can't they give us a payment plan or something! Argh!

OP, please let us know what you ended up doing and if you were successful in getting your extension. Hopefully it will work for you!

[EricAndOrn 30]

LOL! So we do agree with each other! Yeah, I really don't think that the state'e licensing authority can tell us "because you are illegal", but I think they can tell us "because you don't have the right paperwork or DHS document".

Well, no, not really. What documents they accept is in their regulations. The regulations are an interpretation of the statutes. If the statutes say A, the regulation can not say B. Regulations just are guidelines on how the agency implements the law, if there are errors, they must be corrected or the agency is breaking the law.

In my case, my state's DMV regulations refer to federal regulations CFR 37.13 (b) (6), which incidentally is the regulation derived from REAL ID act 49 USC §30301 Sec 202 © (2) (B). But since it is an interpretative reading of the code, the CFR regulation for some reason left out the "pending adjustment of status" and "deferred action" folks. Again, state statutes are superior to DMV regulations and US code is superior to Code of Federal Regulations.

If they deny a licence, find out on what grounds, then find and read the actual law and not just the poster on the DMV's wall, find the law their regulations are based on. Remember, these folks work for us, they are to follow the laws the legislators enacted that we voted for. If the DMV is breaking state law, call them out on it.

OP, please let us know what you ended up doing and if you were successful in getting your extension. Hopefully it will work for you!

I argued with the director of the DMV in Cheyenne. So this is what I will get for my fiancee.

Upon arrival into the US, she gets a driver's licence which will expire along with her I-94.

Upon presenting the I-797 NOA for AOS, she will get an extension for 240 days (This is the gap in coverage I needed to get fixed), it can be extended again while AOS is still pending.

Upon presenting an EAD or Green Card, she will get a licence valid for the duration of those documents.

If I wanted to, I could push harder and demand a 4 year license, but I will settle for this. My goal was to get uninterrupted driving privileges.

Wyoming statutes state:

31-7-119 (a)

Every driver's license shall expire on the licensee's birthday in the fourth year following the issuance of the license.

So, legally, they may not issue a shorter term licence. But that is fight for another day.

[Helen1488 0]

Wife of my friend moved here this way and she worried about acquiring the driver's license in US (she's from Germany originally). If you're not experienced driver the first thing that you must do is to go through driver's education courses http://www.education4drivers.com/ , and then you'll be able to pass practice test. If you will pass this test successfuly, you can try to pass real examination to know if you're qualified enough to get driver's license.

Edited January 15, 2016 by Helen1488