MA Driver's License

[KAP2019 187]

I have a Canadian driver's license, but I've been here almost 6 months so I don't believe I should be driving with that (I don't think I meet residency requirements for that insurance anymore). I have a pending AOS application and we have our NOA receipts and are awaiting a biometrics appointment. 

They request SSN denial letter, proof of residency (bills, government letters, etc.), and proof of lawful residence (at least 12 months). It looks like the RMV accepts I-797A, which is based on the I-94, but they want proof that you can be here for at least 12 months lawfully (and my I-94 expires in September). I've contacted them to see if they will accept NOA, I-797 for I-130 petition (approved) and I-485 application (pending), but it will probably be some time before I hear back from them. 

Anyone from MA have success getting a driver's license with NOA receipts as proof of lawful residence? 

Thanks.

[Lucky2Lucky 2,526]

Have you looked at the Mass DMV required documents on their website? I know CTs DMV explicitly states what documents you can present. 

[bradoony 54]

22 minutes ago, KAP2019 said:

I have a Canadian driver's license, but I've been here almost 6 months so I don't believe I should be driving with that (I don't think I meet residency requirements for that insurance anymore). I have a pending AOS application and we have our NOA receipts and are awaiting a biometrics appointment. 

They request SSN denial letter, proof of residency (bills, government letters, etc.), and proof of lawful residence (at least 12 months). It looks like the RMV accepts I-797A, which is based on the I-94, but they want proof that you can be here for at least 12 months lawfully (and my I-94 expires in September). I've contacted them to see if they will accept NOA, I-797 for I-130 petition (approved) and I-485 application (pending), but it will probably be some time before I hear back from them. 

Anyone from MA have success getting a driver's license with NOA receipts as proof of lawful residence? 

Thanks.

Hello, I am in the same position and even had an issue with register a car but I did because It is both mine and my husband name. My 6 months permit stay just expired and I have been told in RMV that I can get a license only when I go with GC but very often they are wrong lol. So I have been told from fiends here in MA that you are fine to drive with your international drive license while pending AOS but carry the receipts and the marriage certificate always. We made Geico insurance for 1 year. Let me know please If you get some update information. 

Edited August 18, 2020 by bradoony

[Lemonslice 4,945]

In some states, it's only possible to get a driver's licence once you are in status (receive your green card). From reading the MA RMV page, I think you'll be ok once you receive your EAD.

 

"you'll need one if these:

[...]

* Unexpired employment authorization document (EAD) issued by DHS, Form I-766, or Form I-688B"

https://www.mass.gov/guides/massachusetts-identification-id-requirements

 

 

You are no longer a resident of Canada, you shouldn't drive on your provincial license.

 

I'm in Mass, and I remember I needed my provincial driving history to convert my licence also. 

https://www.mass.gov/info-details/information-for-converting-certain-foreign-drivers-licenses

 

[tomw12345 1]

I went to the RMV last week with my EAD approval letter. They accepted it but had problems verifying my status with USCIS, so they raised a case with them and told me to wait 2-5 days for the check to be completed.

 

Pretty sure they would have also accepted my I-485 NOA

Edited August 19, 2020 by tomw12345

[Fr8dog 312]

I do not see the NOA listed on the website, this could be because they do not accept it, or because they forgot to add it. As long as they use the correct code in the SAFE system, for the document provided, they can get a result back that you have legal presence. There are states that have the actual documents required listed in the state laws, if that is the case and the NOA is not in that list, they will not issue a license.

 

As for driving on a foreign license with a pending AOS you could make the following argument;

 

- You do not, at present, have a "legal presence" status, you are in the category of "allowed to stay without a status" status (you are adjusting your status so the argument can be made you do not have a status).

- In order to be a (permanent) resident of a state you have to live there. You cannot live there since you do not have a legal status to live there. Therefor you cannot be a resident of that state.

- If you are not a permanent resident, you must be a visitor. and since you are not a citizen, you are a foreign visitor.

- Foreign visitors are allowed to drive on foreign licenses. Therefor you are allowed to drive on your foreign license as well.

- Most insurance companies allow a "visitors" to drive on existing  policies . We were asked to provide a copy of my Dutch license as my "visit" would be more than 3 months and that could not be considered a incidental driver. So they added me to the policy on a foreign license.

 

This whole argument was made up by a bunch of people with extensive knowledge of insurance, Virginia state laws and law enforcement. It's not pretty but loopholes never are.

 

This is not legal advise but purely our interpretation of the rules and regulations.

 

 

 

[darlooz 0]

On 8/19/2020 at 4:39 PM, tomw12345 said:

I went to the RMV last week with my EAD approval letter. They accepted it but had problems verifying my status with USCIS, so they raised a case with them and told me to wait 2-5 days for the check to be completed.

 

Pretty sure they would have also accepted my I-485 NOA

 

Hi im in the EXACT same situation as you, by any chance did they ever respond to you ? Im afraid I will get nothing and my SAVE status is now saying "SAVE has returned your case to Massachusetts - Department of Transportation, Registry of Motor Vehicles Division"

*Edit 

Please let me know if there is anything further you did