Florida DMV- refused driving license

[GabiMatch 161]

On 6/28/2017 at 11:35 AM, Scodavvyy said:

I went to my local DMV office to apply for a driving license. I am in processing for my AOS and took along all my i1797's as well as my passport & i-94, social security card, UK drivers license and proof of address. They told me that as my i-94 has less than 60 days remaining I would need an approved i-130(spousal visa) or I-140(alien worker visa). I explained that I would never have either of those as that's not my immigration path and have an I-485 and I-131 in processing but they were adamant that I needed those forms. I asked for a supervisor and he said the same thing.

 

Am I screwed till I get my EAD?Green Card? Try another office? I know that after the 90 days is up on my I-94 I can no longer legally drive on my UK license but that's in a little over 2 weeks and I likely won't get my EAD till Sep-Oct.

 

It's annoying causes it appears to be down to who you get at the office at the time. Grrrr!!!.

Hi, I just got my driers license in Port Saint Lucie (about one hour North of WPB) and I didn't have any problem here but my situation might be little different...I brought with me my valid passport, my expired passport with American visa, my expired I-94 (expired since 02/26/2017), and the recite letters from USCIS for I-130, I-485, I-131 and I-765 (those only says that my case was received and is been processed), I think she actually didn't even took copies of the I-130, she only scanned the I-485 and the I-765. There was a little bit of a doubt about my expired I-94, they said that I should have applied before it expired but I said that my lawyer would me that I wasn't considered illegal if I applied before 180 days of my expired I-94 and Igot it (ps. I don't have a lawyer ).

Maybe you should try a different location because they are not used to do this things everyday and might not have the knowledge.

She gave a temporary permit that is valid for 60 days and when I looked in to the DMV website it says that they are verifying my "legal presence"before sending me the drivers license by mail, that's actually fine because they did the same thing when I got my first drivers license with valid I-94 under Visitors Visa, she told me that the license will be valid for one year from June 26th, she also told me that I have to associate my SSN as soon as I get one.

 

PS. I'm applying for AOS after marrying a US Citizen under a tourist Visa and my wedding was before the expiration of my I-94, it just took us a little long to apply for AOS.

Edited June 29, 2017 by GabiMatch

[geowrian 22,338]

2 hours ago, GabiMatch said:

There was a little bit of a doubt about my expired I-94, they said that I should have applied before it expired but I said that my lawyer would me that I wasn't considered illegal if I applied before 180 days of my expired I-94 and Igot it (ps. I don't have a lawyer ).

I was about to say I hope a lawyer didn't tell you that because that's incorrect. You are considered illegal and can be deported at any point after your legal status expires (as noted by your I-94)...unless you have authorized stay, such as that from filing AOS. Nowhere does 180 days come into play (unless you're referring to the 3 year bar if you were to leave with 180 days to 1 year of unlawful presence, but that's an entirely different type of issue).

[GabiMatch 161]

4 hours ago, geowrian said:

I was about to say I hope a lawyer didn't tell you that because that's incorrect. You are considered illegal and can be deported at any point after your legal status expires (as noted by your I-94)...unless you have authorized stay, such as that from filing AOS. Nowhere does 180 days come into play (unless you're referring to the 3 year bar if you were to leave with 180 days to 1 year of unlawful presence, but that's an entirely different type of issue).

Yes, I know but I'm also "protected" now that I already filled...as far as right now I have the right to stay until my case is complete  I don't know how does the 180 days plays in any case, but going through this process I watched a video of a lawyer teaching how to file the for I-131 and since this application requires a letter explaining "why" you're eligible for Advance Parole and in his "exemple" he says that one of the reasons why "she" was eligible is because she "never have been unlawfully in United States for more than 180 days", I don't think he would say that if it doesn't have any kind of meaning. What I know is that you become "inadmissible" when you stay 180 days to a year of unlawful presence, and that's when the 3 years ban come to play.

[geowrian 22,338]

1 minute ago, GabiMatch said:

Yes, I know but I'm also "protected" now that I already filled...as far as right now I have the right to stay until my case is complete  I don't know how does the 180 days plays in any case, but going through this process I watched a video of a lawyer teaching how to file the for I-131 and since this application requires a letter explaining "why" you're eligible for Advance Parole and in his "exemple" he says that one of the reasons why "she" was eligible is because she "never have been unlawfully in United States for more than 180 days", I don't think he would say that if it doesn't have any kind of meaning. What I know is that you become "inadmissible" when you stay 180 days to a year of unlawful presence, and that's when the 3 years ban come to play.

Authorized stay, yes.

I can't speak for what you watched, but anybody with a pending family-based AOS application is eligible to file for AP. No further explanation as to "why" is necessary. Even if somebody had stayed in the US over 180 days, they are eligible to file for AP based on a family-based AOS application, and once AP is obtained they are permitted to leave the US without incurring a bar due to overstay.

You are not inadmissible for AOS due to accrued unlawful presence as the spouse of a USC (overstay is ignored), and if the spouse was an LPR then AOS with even 1 day overstay is not permitted. The 180+ day piece is only if you leave the US without a valid AP...then the 3/10 year bar kicks in and you become inadmissible for a visa abroad (without a waiver).

[GabiMatch 161]

16 minutes ago, geowrian said:

Authorized stay, yes.

I can't speak for what you watched, but anybody with a pending family-based AOS application is eligible to file for AP. No further explanation as to "why" is necessary.

As you can see in the image below, the instructions for filing the I-131 does require "An explanation or other evidence showing the circumstances that warrant issuance of an Advance Parole Document; or If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you led the adjustment application;" (page 9 of the instructions).

So I think anyone going through a process as complicated as AOS, that is filing everything together and does not have a receipt yet always feel like it's better be safe than sorry, so I did make a letter explaining "the circumstances that warrant issuance of an Advance Parole Document".

Maybe we are just learning new things with each other, and this is always positive 

Best of lucky!

[kandikandi 31]

I was in a similar situation in Houston.  I could not get my driver's license til I received my EAD.  I got married close to my I-94 expiry, so although I already had my SSN (which i got right after arriving un the US), it was in my maiden name.  I tried to change my SSN surname right after I got married but due to it being too close to my i-94 expiry their system didnt allow me to change my name til i got a valid piece of ID in my married name (meaning, EAD or greencard).

 

The problem with the DMV is that their systems are directly linked with social security systems.  For me, their systems would not let me do the test under my married name if my valid SSN was under another name.  I essentially had to wait until my EAD came, go and change my name at the SSN office, and thennnn go get my driver's license.  Hope it helps.  Sometimes their systems dont allow you much further until those things are untangled.

 

 

Edited June 30, 2017 by kandikandi

[Troy P 34]

Every state is different what works in one doesn't work in another. They are in Florida and there have been quite a few Florida responses including the on I gave which should solve your problem.

[Suss&Camm 2,213]

On 6/30/2017 at 5:41 PM, kandikandi said:

I was in a similar situation in Houston.  I could not get my driver's license til I received my EAD.  I got married close to my I-94 expiry, so although I already had my SSN (which i got right after arriving un the US), it was in my maiden name.  I tried to change my SSN surname right after I got married but due to it being too close to my i-94 expiry their system didnt allow me to change my name til i got a valid piece of ID in my married name (meaning, EAD or greencard).

 

The problem with the DMV is that their systems are directly linked with social security systems.  For me, their systems would not let me do the test under my married name if my valid SSN was under another name.  I essentially had to wait until my EAD came, go and change my name at the SSN office, and thennnn go get my driver's license.  Hope it helps.  Sometimes their systems dont allow you much further until those things are untangled.

 

 

Their systems are not linked but they both query SAVE. I know we talked before - but just wanted to say that I had also my SSC in my maiden name and applied for my DL in my married name using the NOA1 without issue - other than spending 15 min convincing them that that was all I needed. I'm really not sure what happened in your case. 

FL is a state where NOA1 is also enough  but ppl still run into issues with employees not knowing better.

[vzk 5]

Required in FL to get a DL (2019)

 

To obtain a one (1) year temporary Driver’s License in Florida

You will need to bring the following ORIGINAL documents to the DMV:

·        I-130 Receipt Notice or I-129F Approval Notice

·        I-485 Receipt Notice

·        Proof of Family Relationship to U.S. Petitioner:

o   Spouse:  Marriage Certificate

o   Child/Parent:  Child’s Birth Certificate

·        Proof of Citizenship for U.S. Petitioner

o   Original U.S. Birth Certificate

o   Original U.S. Passport

o   Original Certificate of Naturalization

·        Your Valid Passport (cannot be expired)

·        Your I-94 Entry Document (white card given at airport or printed out from the CBP website https://i94.cbp.dhs.gov/I94/#/recent-search). I-94 can be expired.

 

You need all of the above documents to prove valid immigration status at the DMV.

 

The process of understanding your rights to get a driver's license issued by the State of Florida may be complicated. One of the FL DMV requirement is to present a proof of social security number. But, an undocumented or out of status immigrant does not have social security. Correct? So, instead of presenting social security, the DMV will issue a driver's license if the individual presents any of the documents published on the FL DMV Acceptable Document Table. Please be aware that there are other requirements that must be met such as passing the writing and driving examination. 
An undocumented or out of status immigrant is a foreign individual who does not have current legal status in the United States. 
For example: 
-If your entry without inspection or admission (i.e., without visa) AND you are in immigration procedures, you may qualify to apply for a driver's license. 
-If you recently applied to adjustment of status (i.e. I-130+I-485) AND you have the I-797C receipt of both applications, then you may qualify to apply for a driver's license.

[Ontarkie 14,406]

~~Zombie thread locked locked to further replies.~~