Drivers License During AOS

[shayden10 78]

Hey VJers,

 

I just got home from the DMV and I am furious! They refuse to issue me a drivers license until I have a green card. I still have an unexpired I-94 and I am adjusting my status but they said because I am in between I am an illegal immigrant at this time. I took the NOA1 with me as well, provided them with my case receipt number and my A number. 

 

I really need a license for various reasons - my husbands grandmother is extremely ill so I have been taking care of her during the day, and I volunteer at my husbands work multiple times a month. If I don't have a license I will be unable to volunteer and his grandmother will no longer get the care she needs. She lives on the second floor and can't walk the stairs to the kitchen, which means she is no longer going to have meals and water, and when she has appointments no one will be able to take her. In addition, my husband just started a new job and they will not give him time off to take me to get my biometrics done. They also told me once I get my EAD and AP my immigration status will NOT change in their eyes and I will still be illegal, there are very few jobs within walking distance of my home and a lot of jobs near me want employees to have licenses! So I won't even be able to work!

 

I am literally stuck right now. I've called people higher up and talked to multiple people who could all care less about whether they help me or not. 

 

My question is, does anyone have a suggestion for someone I could call/write to regarding this? Someone in the government or something? I'm literally so mad I can't think. 

 

The government wants immigrants to go through this process legally and they make it so hard! On top of charging so much (not even including lawyer fees if people use them) they put all these blocks up to make it impossible to adjust to life quickly and smoothly. No wonder they have so many illegal immigrants. Ugh! (Sorry for the rant! Please help!)

[Georgia16 2,858]

Sorry to hear that. The whole illegal immigrant just showed how much they know. But that said most places you'll need your EAD before you can get a DL. 

 

I'm sorry you got so mad. Try another DMV when you get your EAD. 

 

And until that you'll might want to look at lyft for your upcoming rides, thats what I had to do 4 times a week until I could get my DL. 

 

And since you just filed AOS package you have about 90 days to wait still it's a well know problem with the K-1.

 

Have you checked the state you live in about rules on driving on your out of country DL. In GA it's 30 days but I have seen other states where it was 6 months so maybe you will be lucky there. Just remember it's as a new resident not as a visitor.

Edited March 8, 2017 by Georgia16

[shayden10 78]

7 minutes ago, Georgia16 said:

Sorry to hear that. The whole illegal immigrant just showed how much they know. But that said most places you'll need your EAD before you can get a DL. 

 

I'm sorry you got so mad. Try another DMV when you get your EAD. 

 

And until that you'll might want to look at lyft for your upcoming rides, thats what I had to do 4 times a week until I could get my DL. 

 

And since you just filed AOS package you have about 90 days to wait still it's a well know problem with the K-1.

 

Have you checked the state you live in about rules on driving on your out of country DL. In GA it's 30 days but I have seen other states where it was 6 months so maybe you will be lucky there. Just remember it's as a new resident not as a visitor.

Delaware is 60 days, so my time is up driving on my old license. The last girl I spoke to was pretty snippy and said I'm SOL until I get my green card, because EAD lets me "work" it doesn't make me "legal". They are just so dumb! Hopefully they let me get one with my EAD, and my EAD comes sooner rather than later! It's going to be a tough couple months until then. 

[.yana 597]

They are wrong about you being illegal. However, you do need EAD to apply for a DL. Most DMVs have a very thorough list of required documents online. Make sure to check it before you go next time.

[Georgia16 2,858]

1 minute ago, shayden10 said:

Delaware is 60 days, so my time is up driving on my old license. The last girl I spoke to was pretty snippy and said I'm SOL until I get my green card, because EAD lets me "work" it doesn't make me "legal". They are just so dumb! Hopefully they let me get one with my EAD, and my EAD comes sooner rather than later! It's going to be a tough couple months until then. 

I know it was really tough waiting for the EAD. 

 

Try another DMV when you go again.

[yuna628 9,676]

22 minutes ago, shayden10 said:

Hey VJers,

 

I just got home from the DMV and I am furious! They refuse to issue me a drivers license until I have a green card. I still have an unexpired I-94 and I am adjusting my status but they said because I am in between I am an illegal immigrant at this time. I took the NOA1 with me as well, provided them with my case receipt number and my A number. 

 

I really need a license for various reasons - my husbands grandmother is extremely ill so I have been taking care of her during the day, and I volunteer at my husbands work multiple times a month. If I don't have a license I will be unable to volunteer and his grandmother will no longer get the care she needs. She lives on the second floor and can't walk the stairs to the kitchen, which means she is no longer going to have meals and water, and when she has appointments no one will be able to take her. In addition, my husband just started a new job and they will not give him time off to take me to get my biometrics done. They also told me once I get my EAD and AP my immigration status will NOT change in their eyes and I will still be illegal, there are very few jobs within walking distance of my home and a lot of jobs near me want employees to have licenses! So I won't even be able to work!

 

I am literally stuck right now. I've called people higher up and talked to multiple people who could all care less about whether they help me or not. 

 

My question is, does anyone have a suggestion for someone I could call/write to regarding this? Someone in the government or something? I'm literally so mad I can't think. 

 

The government wants immigrants to go through this process legally and they make it so hard! On top of charging so much (not even including lawyer fees if people use them) they put all these blocks up to make it impossible to adjust to life quickly and smoothly. No wonder they have so many illegal immigrants. Ugh! (Sorry for the rant! Please help!)

Hi there,

You are not an illegal immigrant - however you are in a sort of 'limbo status'. Most states will require the applicant to at least have their EAD. And Delaware is no exception. The person you spoke to is typical of the DMV. If you get this person again, request a supervisor. That being said you will be unable to proceed further until you have your EAD. Look at the instructions and even print it out for them. http://www.dmv.de.gov/services/driver_services/drivers_license/dr_lic_gen_req.shtml

If you want to go even further with them, pull out the DE state regulations.

http://regulations.delaware.gov/AdminCode/title2/2000/2200/Driver/2217.shtml

http://dvcc.delaware.gov/documents/Non-CitizenLicenseHelp.pdf

 

You are also going to need to most likely present them with an SSN and your name on a piece of mail. There is nothing you can do to overwrite them. They were correct in not issuing you a license today, but they are incorrect in calling you 'illegal' and they are further incorrect by saying an EAD wouldn't be a valid document to present. If you have your own valid foreign license there is technically nothing to stop you driving on it until I'd say at the latest - the I-94 is no longer valid. Each state has their own rules though about how long someone can drive on a foreign license and it is usually defined in the area of ''when they become a resident''. Remember the DMV is a state agency - they run by their own sort of rules - but you can view the rules themselves. With an EAD you can obtain a license. Delaware has a very immigrant friendly state with a large community of immigrants all over - don't let one ignorant person stop you. With state agencies you are going to have to push, sometimes very hard. So next time - go with the required documents, bring a print out of their own rules, request a supervisor if there's a problem, and if all else fails go to a different DMV. I don't know which office you went to but there are several in DE. Trust me, we live pretty darn close to DE in a very sleepy town, and if their DMV knows how to handle immigrants then somewhere in DE will know how to as well.

 

As for not being able to travel I hope that you can find some transportation from somewhere... is your biometrics at the ASC in Dover?

Edited March 8, 2017 by yuna628

[Becci391 339]

K1 visa holder here and I have the same problem. Been living in Georgia since January 16th and I cannot get a driver's license until I have at least my EAD. The only thing I could apply for was my SSN.

What I do is that I have the Uber app in my phone. Helps a little bit to get out of the apartment. 

[shayden10 78]

4 minutes ago, .yana said:

They are wrong about you being illegal. However, you do need EAD to apply for a DL. Most DMVs have a very thorough list of required documents online. Make sure to check it before you go next time.

I know they are wrong! 

I did look online and took the required documents, I also have a friend from Canada who immigrated to the same area last fall and they had no issue. They were at the same stage I am in. I think the biggest thing that's making me mad is the inconsistency.

However, the states do have a new stupid person in charge and stuff is changing. Ugh. 

[shayden10 78]

12 minutes ago, Georgia16 said:

I know it was really tough waiting for the EAD. 

 

Try another DMV when you go again.

I definitely will. I was not impressed with the first one!

[shayden10 78]

7 minutes ago, Becci391 said:

K1 visa holder here and I have the same problem. Been living in Georgia since January 16th and I cannot get a driver's license until I have at least my EAD. The only thing I could apply for was my SSN.

What I do is that I have the Uber app in my phone. Helps a little bit to get out of the apartment. 

This probably sounds stupid but I'm super nervous about taking an Uber alone. The area I live in is not the safest. If you google "murder town USA" my city comes up, and there was the TV show of course. I do live on the safe side of town but we still hear about robberies, kidnappings, and shootings not far away. Uber worries me. Lol. I got my SSN. Hopefully we get our EADs soon! Glad I'm not the only one in this situation!

[Georgia16 2,858]

Just now, shayden10 said:

This probably sounds stupid but I'm super nervous about taking an Uber alone. The area I live in is not the safest. If you google "murder town USA" my city comes up, and there was the TV show of course. I do live on the safe side of town but we still hear about robberies, kidnappings, and shootings not far away. Uber worries me. Lol. I got my SSN. Hopefully we get our EADs soon! Glad I'm not the only one in this situation!

Atlanta is far from save either. 

 

I had to use Lyft (kind of the same as Uber) I used the app too and it gave me a picture of the driver that would pick me up I always took a screen shot and sent to my husband (He works in the force so he wanted that). 

 

But if you still don't feel save about it then you have to see if you have friends or family that can give you rides.

[shayden10 78]

15 minutes ago, yuna628 said:

Hi there,

You are not an illegal immigrant - however you are in a sort of 'limbo status'. Most states will require the applicant to at least have their EAD. And Delaware is no exception. The person you spoke to is typical of the DMV. If you get this person again, request a supervisor. That being said you will be unable to proceed further until you have your EAD. Look at the instructions and even print it out for them. http://www.dmv.de.gov/services/driver_services/drivers_license/dr_lic_gen_req.shtml

If you want to go even further with them, pull out the DE state regulations.

http://regulations.delaware.gov/AdminCode/title2/2000/2200/Driver/2217.shtml

http://dvcc.delaware.gov/documents/Non-CitizenLicenseHelp.pdf

 

You are also going to need to most likely present them with an SSN and your name on a piece of mail. There is nothing you can do to overwrite them. They were correct in not issuing you a license today, but they are incorrect in calling you 'illegal' and they are further incorrect by saying an EAD wouldn't be a valid document to present. If you have your own valid foreign license there is technically nothing to stop you driving on it until I'd say at the latest - the I-94 is no longer valid. Each state has their own rules though about how long someone can drive on a foreign license and it is usually defined in the area of ''when they become a resident''. Remember the DMV is a state agency - they run by their own sort of rules - but you can view the rules themselves. With an EAD you can obtain a license. Delaware has a very immigrant friendly state with a large community of immigrants all over - don't let one ignorant person stop you. With state agencies you are going to have to push, sometimes very hard. So next time - go with the required documents, bring a print out of their own rules, request a supervisor if there's a problem, and if all else fails go to a different DMV. I don't know which office you went to but there are several in DE. Trust me, we live pretty darn close to DE in a very sleepy town, and if their DMV knows how to handle immigrants then somewhere in DE will know how to as well.

 

As for not being able to travel I hope that you can find some transportation from somewhere... is your biometrics at the ASC in Dover?

Yes my biometrics is in Dover, which is over an hour away from me

Thank you for all the info!

[kumakun 12]

Might check online or with the main DMV headquarters and see if Delaware has a provisional driver license option. I know every state varies but here in Hawaii we were able to get my husband a provisional, two-month driver license that ONLY allows him to drive—it cannot be used as an official ID for travel, voting (not that he could vote anyway), writing checks, etc. Granted he already has a social security number from when he was a student in Los Angeles 20 years ago, so that helped with the required documentation, but they would not accept NOA1 as a suitable document to establish legal presence as it's merely a receipt. Hopefully he'll receive EAD this week and we can get him the full-privilege license before the provisional one expires. And yes, the DMV office you go to DOES make a difference! Good luck.

[yuna628 9,676]

I know there's a DART service you can take all the way down to Dover iirc if Uber doesn't make you comfortable. I hope perhaps he could find some friend or family to assist? The ASC is basically right next to the AFB in a little strip mall next to a Food Lion with a bus depot out front.

[Suss&Camm 2,213]

They are 110% wrong and you should direct them to this passage from the link provided by Yuna628 that I also remember referring another "Delawarian" to just a couple of weeks ago

http://regulations.delaware.gov/AdminCode/title2/2000/2200/Driver/2217.shtml

 

"Lawful Status" means a person in lawful status is a citizen or national of the United States or an alien, lawfully admitted for permanent or temporary residence in the United States; has conditional permanent resident status in the United States; has an approved application for asylum in the United States or has entered into the United States in a refugee status; has a valid non-immigrant status in the United States; has an application for asylum in the United States; has an application for temporary protected status (TPS) in the United States; has approved deferred action status; or has an application for lawful permanent residence (LPR) or conditional permanent resident status. "

 

If you can provide the other documents asked for - your lawful status is not questionable. Speak to a supervisor and as said, go to another location. Go again while i-94 is valid, some states (didn't check Delaware) only accept the foreign passport as a valid ID together with the unexpired i-94