SC DMV

[castaway 1]

Moved to the US almost 5 years ago, via E2 visa, now filed for marriage based GC. I've asked my lawyer and he said to renew the DL with the I94, but I had to renew my DL twice, once after 2 years and then 1 year ago and when I renewed it last year I already had the I 94 that said admit until 2020, but they only renewed the DL 1 year. So don't know why the DMV would renew it now to 2020 unless they have made a mistake last time? Does anyone know?

 

[castaway 1]

I-765 was filed in December, says it takes 60-90 days to be issued....

[Ontarkie 14,231]

~~Moved to Moving Here and Your New Life, from Work Visas- The OP is asking about DL renewal.~~

[castaway 1]

does anyone know? My lawyer is killing me

that's what they said I've been to the DMV plenty of times to know this won't fly by, not even with whatever letter they want to provide HELP

The SC DMV regulations are inconsistent with federal law.

 Your I-94 record is valid until2020 and you are allowed to obtain a new driver’s license with the new I-94 record.

 We suggest that you visit the local DMV with your valid passport and new I-94 record. If the DMV still does not issue a new driver’s license, we can write a letter for you to take to the DMV.

 

[Boiler 45,553]

Sounds right, DMV would issue until the expiry of your I 94.

 

what did you expect?

[castaway 1]

DL was issued last year with the same I94 that I have now, also DMV instructions say I need a valid visa, which I won't have

[Boiler 45,553]

In most States the first document you get when adjusting that gets you a DL is your EAD.

[Boiler 45,553]

On 1/30/2019 at 10:29 AM, castaway said:

I-765 was filed in December, says it takes 60-90 days to be issued....

Sorry missed that normally 4 to 6 months.

[castaway 1]

so I cannot renew my DL until I have the EAD?

[Boiler 45,553]

10 minutes ago, castaway said:

so I cannot renew my DL until I have the EAD?

That would be down to your E2 status. You currently have nothing else.

[castaway 1]

but my E2 expires next month and will not be extended, on the checklist it says unexpired visa

[Boiler 45,553]

Just now, castaway said:

but my E2 expires next month and will not be extended, on the checklist it says unexpired visa

I am not familiar with SC but certainly in my State you would need to wait for EAD. I think that is normal.

[castaway 1]

my lawyer seriously issued a letter saying that I have a valid E2 visa and that they should renew the DL based on the I 94 to 2020

 

still don't think this is correct, as the E2 expires in March and I 765 was filed, E2 was not requested to be renewed

[Mike E 11,739]

When we got my wife’s CA state ID, despite the I-94 and K-1 expiring in April, she received an ID in the mail good for 5 years. Other people in line were using there AOS application receipts from USCIS.  

 

So I don’t see why you would not get a DL with a 2020 or later expiry.  You are allowed to be in the USA waiting for your AOS interview and you are expected to have a state DL for the state you are driving in.