Drivers License During AOS

[shayden10 78]

8 minutes ago, Suss&Camm said:

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

 

WOW OMG!

I swear I read this the other day and saw that but I was so mad today that it slipped my mind. I will try again and see. Thank you! You rock!

[Suss&Camm 2,213]

3 minutes ago, shayden10 said:

WOW OMG!

I swear I read this the other day and saw that but I was so mad today that it slipped my mind. I will try again and see. Thank you! You rock!

lol that happens to me all the time when I get worked up hahaha  (especially in this frustrating process with all the ins and outs... )
I'll keep my fingers crossed that you get a more forthcoming rep this time around.. pls let us know the outcome! Good luck, and breathe and try to keep your composure, it'll help you  

Edited March 8, 2017 by Suss&Camm

[Suss&Camm 2,213]

6 minutes ago, shayden10 said:

WOW OMG!

I swear I read this the other day and saw that but I was so mad today that it slipped my mind. I will try again and see. Thank you! You rock!

and, yes you need an unexpired i-94. Further down in the same link:

 

"5.2 Identification Source Documents.

5.2.1 To establish an applicant's full legal name, date of birth, and gender, the applicant must present one or more of the following source documents:

5.2.1.1 Valid, unexpired United States passport;

5.2.1.2 Certified copy of a birth certificate filed with a state Office of Vital Statistics or equivalent agency in the individual's state of birth;

5.2.1.3 Consular Report of Birth Abroad (CRBA) issued by the United States Department of State, Form FS-240, DS-1350 or FS-545;

5.2.1.4 Valid, unexpired Permanent Resident Card (Form I-551) issued by the United States Department of Homeland Security (DHS) or Citizenship and Immigration Services (CIS);

5.2.1.5 Unexpired employment authorization document (EAD) issued by the DHS, Form I-766 or Form I-688B;

5.2.1.6 Unexpired foreign passport with a valid, unexpired United States visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the United States. Applicants presenting these documents must present a SSN or demonstrate non-work authorization status;

5.2.1.7 Certificate of Naturalization issued by the DHS, Form N-550 or Form N-570;

5.2.1.8 Certificate of Citizenship, Form N-550 or Form N-561, issued by the DHS;

5.2.1.9 Compliant driver license or identification card issued in compliance with the standards established by 6 CFR 37 or its equivalent as amended from time to time;

5.2.1.10 Such other documents as the DHS may designate by notice published in the Federal Register."

[3rd 84]

55 minutes ago, kumakun said:

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.

 

The only issue with this is that most provisional licenses are stipulated that you are only allowed to drive if you have someone with a full license in the passenger seat. I was shocked when I got mine that I had to have my husband with me whenever I took the car out until I passed my test, even though I'd been driving in the UK for 8+ years. People always take liberties, but what with my AOS pending at the time and wanting to be on the good side of the law I never took my chances.

 

That being said, I hope you get this sorted OP. I know I originally was going to get my drivers license with my EAD card, but waited until my Green Card arrived just to spend as little time possible in DMV. That place will suck your soul.

[NYCruiser 423]

6 hours 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!)

God almighty!! Here goes.....

 

So my spouse is from a part of Africa!! The DMV automatically assumed he was on refugee status. (this from an African-American woman DMV employee) in New York.

 

We managed to get him a Temporary ID during the 90 Day K1 validity. They would not give him a State ID for longer. We used that until he got his EAD. They then gave him a 1 year Learners Permit. After the Residence Card came, they extended the learners permit only for two years as the Green Card was valid for two years. Then he got his Full Drivers License which was only for the validity of the Green Card. They are very tough but sometimes they dont know the law themselves.!!

[glmg21 330]

@yuna628 What constitutes you becoming resident in a state? Approval of your EAD,  the decision to move there, or something in between?

 

I ask as Massachusetts will allow a foreign visitor with a valid I-94 to drive with their foreign licence if on the approved country list. However, their page on international licenses also states "If you have recently moved to Massachusetts, you must obtain a valid Massachusetts license upon becoming a resident."

 

Am I correct in thinking that in the eyes of immigration law and the RMV, I am viewed as a foreign visitor rather than a Mass resident up until the expiry of my I-94, regardless of if I've filed for AOS? And as such can drive on my British license until my EAD comes in?

 

As I already have a SSN and mail going to an address I was gonna go to the RMV as soon as I got there to take a test, and get a Mass license that was valid until the end of my I-94..But that would be more hassle. 

[Suss&Camm 2,213]

27 minutes ago, glmg21 said:

@yuna628 What constitutes you becoming resident in a state? Approval of your EAD,  the decision to move there, or something in between?

 

I ask as Massachusetts will allow a foreign visitor with a valid I-94 to drive with their foreign licence if on the approved country list. However, their page on international licenses also states "If you have recently moved to Massachusetts, you must obtain a valid Massachusetts license upon becoming a resident."

 

Am I correct in thinking that in the eyes of immigration law and the RMV, I am viewed as a foreign visitor rather than a Mass resident up until the expiry of my I-94, regardless of if I've filed for AOS? And as such can drive on my British license until my EAD comes in?

 

As I already have a SSN and mail going to an address I was gonna go to the RMV as soon as I got there to take a test, and get a Mass license that was valid until the end of my I-94..But that would be more hassle. 

Being a resident of a state is not the same as an immigration status. It has to do with intent. If your intent is to move there and stay there, then you are a resident and not a visitor.

[sparkles_ 456]

Go to the largest city in your state that is within reasonable distance and try at that DMV. We had been turned away in our little town as well, but once we went to a DMV in civilization they issued a temporary license for 6mo with the i485 receipt. 

[Ryan_Chialien 15]

We are in Michigan.  I found getting my wife's driver's license a gigantic pain.   In this state they will only issue a driver's license that expires when your latest immigration document shows.  When entering on K1 it is 90 days after entry when the I-94 expires.  After that your expired until you get EAD/AP card and then you have 2 years before the next expiration.  We had to have an SSN also to get the driver's license and the SSN had to match the name she put on our marriage certificate and not her maiden name.  The SSN office first made her apply under her maiden name and then change it to her new name after she got her first SSN card.  I think it took us 3 visits to the SSN office and 4 visits to the Secretary of States office and 3 months from arrival to finally get her a driver's license.  

[yuna628 9,676]

8 hours ago, glmg21 said:

@yuna628 What constitutes you becoming resident in a state? Approval of your EAD,  the decision to move there, or something in between?

 

I ask as Massachusetts will allow a foreign visitor with a valid I-94 to drive with their foreign licence if on the approved country list. However, their page on international licenses also states "If you have recently moved to Massachusetts, you must obtain a valid Massachusetts license upon becoming a resident."

 

Am I correct in thinking that in the eyes of immigration law and the RMV, I am viewed as a foreign visitor rather than a Mass resident up until the expiry of my I-94, regardless of if I've filed for AOS? And as such can drive on my British license until my EAD comes in?

 

As I already have a SSN and mail going to an address I was gonna go to the RMV as soon as I got there to take a test, and get a Mass license that was valid until the end of my I-94..But that would be more hassle. 

That depends on how the state DMV defines it and also how the police define it. We certainly allow visitors to drive in the US on their foreign licenses.
 Technically the I-94 allows 90 days of stay just as it would if you were visiting, and while a K1 is a visa that gives one an immigrant intent if they want to AOS, they are also under no obligation to do that or remain in the US at the end of the 90 days. But state law doesn't really take into account all different types of visas, especially the weird class of a K1. My husband drove until the I-94 expired and resumed driving once he had his EAD with his first license (you go back again once you have a green card and they will upgrade that). They don't really have intend specifications in state law of when an immigrant becomes a resident. Is it when you choose to live in a state? If so that could be as soon as you land. Is it when you get some specific documents to an American address? Is it the typical 30-60 period a state says you can drive? There's no clear way of defining it and there's been many threads debating it. It's what you feel safe and comfortable doing after consulting with officials.

7 hours ago, Suss&Camm said:

Being a resident of a state is not the same as an immigration status. It has to do with intent. If your intent is to move there and stay there, then you are a resident and not a visitor.

We have state and local LEOs on our street, and when asked they looked at it as it could technically be somewhere between the grace period each state gives (30-60 days or sometimes more) and the I-94. It'd be helpful if states could clarify better.

1 hour ago, sparkles_ said:

Go to the largest city in your state that is within reasonable distance and try at that DMV. We had been turned away in our little town as well, but once we went to a DMV in civilization they issued a temporary license for 6mo with the i485 receipt. 

Well, I'm fairly certain the OP would have gone to a larger DMV for her state, which is fairly tiny but hosts large cities virtually everywhere. Delaware isn't a state that has one giant city and then nothing but rural areas - there are many large cities and the employees should know better. So unless the OP went to a DMV somewhere on the beach-side towns then all employees should know better. It's really all about training - and it doesn't matter where you go - big or small city - ignorance seems to follow. It's hard for Americans to get their own nonsense sorted at the DMV... it's kind of a joke.

29 minutes ago, Ryan ChiaLien said:

We are in Michigan.  I found getting my wife's driver's license a gigantic pain.   In this state they will only issue a driver's license that expires when your latest immigration document shows.  When entering on K1 it is 90 days after entry when the I-94 expires.  After that your expired until you get EAD/AP card and then you have 2 years before the next expiration.  We had to have an SSN also to get the driver's license and the SSN had to match the name she put on our marriage certificate and not her maiden name.  The SSN office first made her apply under her maiden name and then change it to her new name after she got her first SSN card.  I think it took us 3 visits to the SSN office and 4 visits to the Secretary of States office and 3 months from arrival to finally get her a driver's license.  

What you describe is actually typical for most states at least when it comes to the license provided you have a foreign license. I-94 = license that expires when the I-94 does (not really worth it). EAD = first license restricted to the expiration date of the document. Green card = full license with normal expiry date.

[Ash.1101 1,756]

5 minutes ago, yuna628 said:

 

Well, I'm fairly certain the OP would have gone to a larger DMV for her state, which is fairly tiny but hosts large cities virtually everywhere. Delaware isn't a state that has one giant city and then nothing but rural areas - there are many large cities and the employees should know better. So unless the OP went to a DMV somewhere on the beach-side towns then all employees should know better. It's really all about training - and it doesn't matter where you go - big or small city - ignorance seems to follow. It's hard for Americans to get their own nonsense sorted at the DMV... it's kind of a joke.

 

This is correct. We got my husbands license here in San Antonio, which you could say has a fairly large immigrant community. When we went to get his license the first time with the I-797 receipt for I-485, the woman kept insisting over and over that the form of proof she had to enter was the I-551, which is the green card. I tried to explain to her that he had just applied for the green card and that he didn't have it yet, that the documentation to prove lawful presence should be marked as using the I-797. Needless to say, I didn't ask for a supervisor, she put it in it as the I-551 and we got a letter saying that they couldn't find it in the system (obviously) and that we would have to bring the green card in to get the DL. We ended up just waiting for his GC to come in, which thankfully came before his EAD and AP and then everything went smooth.

But yeah we went to a larger DMV, in a city that has a fair number of immigrants, and they still didn't know what to do.

[databit 328]

21 hours ago, shayden10 said:

Hey VJers,

 

I just got home from the DMV and I am furious!

Note: Just be very careful about expressing your fury toward a DMV employee. State employees are trained to be hypervigilant for what they may consider "potential threats," which often start with verbal abuse from disgruntled customers. They would not hesitate to call the police. 

[Dutchster 1,107]

OP, I'm sorry you had to experience it like that! Most federal institutions do not understand what an immigrant can't and can apply for and/or do not understand how the verification of documents work but most of the time the local DMV website will tell you what you need in order to prove your legal status. Almost all the time that is your employment authorization card if you do not hold a GC yet. Some know you can apply for a license using your I-797's from the adjustment of status but even that is not a guarantee. I'm waiting for over a month now as I am still being verified based of my I-797. That being said, it sucks that settling down in the immigrant process is not the easiest but it's something you need to accept eventually.

[jdaveh 58]

   My experience, They do not know what to do. We were married and had her ss # before I even we to DMV. I had the list of documents and several of the ones they wanted. It is a huge pain but here is how it worked out. Paid FEE: Received first  DL until the 1-94 expired, Paid second FEE, using 797, received DL good for 4 months, at that point we will use AOS approval form ( and pay another fee)    I found no one other than supervisor is able to straighten out the situation. Most of the counter people just do not have the training for it. I ran into the same issue both times. POLITELY ask for a supervisor and explain to them.  From my understanding, !-94 and SS are good for DL, then 797 and SS are used, then AOS and SS are used. Each expire quickly and then more fees ))))))

Edited March 9, 2017 by jdaveh

[Suss&Camm 2,213]

10 minutes ago, jdaveh said:

   My experience, They do not know what to do. We were married and had her ss # before I even we to DMV. I had the list of documents and several of the ones they wanted. It is a huge pain but here is how it worked out. Paid FEE: Received first  DL until the 1-94 expired, Paid second FEE, received DL good for 4 months, at that point we will use AOS approval form ( and pay another fee)    I found no one other than supervisor is able to straighten out the situation. Most of the counter people just do not have the training for it. I ran into the same issue both times. POLITELY ask for a supervisor and explain to them.  From my understanding, !-94 and SS are good for DL, then 797 and SS are used, then AOS and SS are used. Each expire quickly and then more fees ))))))

Glad you got your license at least

However, the document requirements are different for all states. So anyone would need to look up their specific state.