Driver license in NY state

[dvensel1 5]

Hello all.  I hope you can help my friend out.

She is currently employed and here on an H-1B working visa (in NY state).  She would like to get her license in this state to drive.

The local DMV told her she couldn't because she's not a permanent resident.  She's been here legally for over a year and her green card is forthcoming very soon.  I  believe they are wrong and she has a right to get a driver license here.  She's a professional Physical Therapist and would then be able to travel for her work.  Now, she needs to be taken or use taxis, which are almost non existent where she lives.  It seems I've read something about this and that an H-1B visa holder can legally apply for a driver permit and then license while here legally on an H-1B visa.  The locals said NO.  Again, I think they're wrong.  They were wrong on several other immigration issues before too.  One day I had to go down and straighten them out on this when my own wife applied for a permit.  They seemed a bit testy about it too, like they resented someone "not from here" wanting a license in this state.  Typical small town attitude, right?

Is the DMV correct on this?  Everything I've read up to now says she can indeed get a permit and then her license.  I'm hoping someone from NY state can help me and her out. 

Once again, she's been here for over a year (with extensions) and has been processed for her 2 year green card (Bios, etc. )  - all nice and neat and pretty.

Thanks for any help on this and I've suggested she join this super duper web site because there's none better than Visa Journey.  Thanks for being here for us!!

Doug

 

[Crazy Cat 41,845]

I find it difficult to believe that New York will allow people who are in the country illegally to get a driver's license, yet she can not?   I think she needs to go to a different office.

[dvensel1 5]

Yeah.  Go figure.  She showed them her actual visa, plus the extension and yet they wouldn't accept it.  Hopefully her 2 year card will be coming.  She did her Bios 4 days ago, so it won't be too much longer.  I told her that when she goes, I'll go with her because I know them all down at the local DMV office.

 

[SusieQQQ 11,586]

It took me a couple of minutes to find that a foreign passport, with visa and i94, is acceptable to apply for a learner permit with (I presume she realizes she needs to do this first?) as proof of birth, I presume she has ssn with H1B, proof of residence - this checklist should indicate she meets all the requirements?

https://process.dmv.ny.gov/documentguide/dmv_license/DisplayPages/proofDateofBirth.cfm

 

looking again, maybe it’s the extensions that are causing the problem. 

Edited February 2, 2020 by SusieQQQ

[Erin86 39]

12 minutes ago, dvensel1 said:

Hello all.  I hope you can help my friend out.

She is currently employed and here on an H-1B working visa (in NY state).  She would like to get her license in this state to drive.

The local DMV told her she couldn't because she's not a permanent resident.  She's been here legally for over a year and her green card is forthcoming very soon.  I  believe they are wrong and she has a right to get a driver license here.  She's a professional Physical Therapist and would then be able to travel for her work.  Now, she needs to be taken or use taxis, which are almost non existent where she lives.  It seems I've read something about this and that an H-1B visa holder can legally apply for a driver permit and then license while here legally on an H-1B visa.  The locals said NO.  Again, I think they're wrong.  They were wrong on several other immigration issues before too.  One day I had to go down and straighten them out on this when my own wife applied for a permit.  They seemed a bit testy about it too, like they resented someone "not from here" wanting a license in this state.  Typical small town attitude, right?

Is the DMV correct on this?  Everything I've read up to now says she can indeed get a permit and then her license.  I'm hoping someone from NY state can help me and her out. 

Once again, she's been here for over a year (with extensions) and has been processed for her 2 year green card (Bios, etc. )  - all nice and neat and pretty.

Thanks for any help on this and I've suggested she join this super duper web site because there's none better than Visa Journey.  Thanks for being here for us!!

Doug

 

I got my license in NY and I was there on a work visa. I did have a SSN though so not sure if that's needed there but definitely don't need to be a PR.

[designguy 1,179]

I got my license in NY when I was on a student visa. Swapped my canadian license for the NY one

[dvensel1 5]

Thanks!  That's what I thought too.  I called her for more info and she told me they wouldn't accept her official visa extension letter and this was the problem.  Evidently, these people aren't up on things?  They should have been fine with the letter along with her actual visa.  Ignorance is bliss in this little town and it meant they could go back to filing their nails.

 

[dvensel1 5]

5 minutes ago, SusieQQQ said:

It took me a couple of minutes to find that a foreign passport, with visa and i94, is acceptable to apply for a learner permit with (I presume she realizes she needs to do this first?) as proof of birth, I presume she has ssn with H1B, proof of residence - this checklist should indicate she meets all the requirements?

https://process.dmv.ny.gov/documentguide/dmv_license/DisplayPages/proofDateofBirth.cfm

 

looking again, maybe it’s the extensions that are causing the problem. 

BINGO!  When I called for more info, this is exactly what the problem was.  But they gave my wife her permit with her extension letter.  I don't get it.  I think they're just ignorant about it and denied her the permit.  Anyway, green card is coming now thanks to employer, so it won't be long and she'll get her permit.

 

[SusieQQQ 11,586]

1 minute ago, dvensel1 said:

Thanks!  That's what I thought too.  I called her for more info and she told me they wouldn't accept her official visa extension letter and this was the problem.  Evidently, these people aren't up on things?  They should have been fine with the letter along with her actual visa.  Ignorance is bliss in this little town and it meant they could go back to filing their nails.

 

It’s not the first time I’ve heard of extensions not being accepted. “Should have” does not always tally with the official list of accepted documents, even if to a reasonable person it’s the same thing.

[Cryssiekins 976]

The workers at NY DMV are infuriating.  I hate having to go there because it’s always something.  
 

If she is here legally, she can obtain a license from the state.  Unfortunately, it may take a few trips to get someone who has the brains to actually read the documents and figure it out. 

[geowrian 22,337]

Agreed...seems like they just don't know what is required. it's like arguing with a wall.

Try another office.

[Cryssiekins 976]

16 hours ago, geowrian said:

Agreed...seems like they just don't know what is required. it's like arguing with a wall.

Try another office.

Not knowing the requirements in and of itself isn’t my issue with them.  I empathize that they are human and it’s just impossible to be an expert in every possible scenario.  
 

My problem is their unwillingness to look into it until the person becomes irritable.  They just say no it’s not possible and push you aside.  I had to lose my cool a little bit when I first arrived to get the woman to walk the 7 feet to her supervisor, and then they roped in a third person, and it took 3 hours but they got it done.  It’s just maddening that they don’t bother to

check into things.