Employment authorization delay

[Cndn 98]

15 minutes ago, Gomast said:

It’s upsetting also because the DMV is requiring EAD for a drivers license. it’s not reasonable that someone who came to the US legally, would not be able to obtain a drivers license nor work authorization for such a long time. 

Wait, what? I got a DL without a drivers licence. This was 2 years ago now, but I’m 99.99% certain that what I provided to them was my marriage certificate (to show US address) and my AOS receipt letter from USCIS showing I had a pending immigration case. I most definitely did not have EAD at the time so whoever told you that is wrong. 

[Just Paul 4,595]

12 minutes ago, Cndn said:

Wait, what? I got a DL without a drivers licence. This was 2 years ago now, but I’m 99.99% certain that what I provided to them was my marriage certificate (to show US address)

Depends on the state.  Drivers Licenses are issued by states.   Many, including the (People's) Republic of California, allow undocumented persons a drivers license.

[Cndn 98]

16 minutes ago, Cndn said:

Wait, what? I got a DL without a drivers licence. This was 2 years ago now, but I’m 99.99% certain that what I provided to them was my marriage certificate (to show US address) and my AOS receipt letter from USCIS showing I had a pending immigration case. I most definitely did not have EAD at the time so whoever told you that is wrong. 

Shoot I meant I got DL without EAD. This is what happens when an 8 month old wakes you up all night. 

2 minutes ago, Paul & Mary said:

Depends on the state.  Drivers Licenses are issued by states.   Many, including the (People's) Republic of California, allow undocumented persons a drivers license.

Ah I see. Thanks, I didn’t realize it varies by state. My state (WA) will issue them without EAD and that’s all I know. 

Edited August 22, 2020 by Cndn

[DaveAndAnastasia 2,096]

39 minutes ago, Paul & Mary said:

Many, including the (People's) Republic of California, allow undocumented persons a drivers license.

While that's true, getting that kind of license in CA takes a while, so in normal times you're usually better off just waiting for EAD or GC and applying for a normal one.

[whiterose123 95]

23 hours ago, Luckycuds said:

You can check the processing time son the USCIS website https://egov.uscis.gov/processing-times/

I did and it said 28.5 Months to 37 Months. I honestly don't think it will take that long

[whiterose123 95]

12 hours ago, chxakx said:

Filed in February and still waiting for my EAD... Hoping we’ll get it soon.

yes, hopefully !

[Gomast 65]

1 hour ago, Cndn said:

Shoot I meant I got DL without EAD. This is what happens when an 8 month old wakes you up all night. 

Ah I see. Thanks, I didn’t realize it varies by state. My state (WA) will issue them without EAD and that’s all I know. 

My state is Florida. 
It seems that these are the options, and I don’t think that I qualify for any of them:

https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/non-immigrant/

Non-immigrant: I don’t have EAD. 
 

https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/immigrant/

Immigrant: I don’t have any approved document, except for the NOA1 of the I-485. 

 

[Cndn 98]

2 minutes ago, Gomast said:

My state is Florida. 
It seems that these are the options, and I don’t think that I qualify for any of them:

https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/non-immigrant/

Non-immigrant: I don’t have EAD. 
 

https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/immigrant/

Immigrant: I don’t have any approved document, except for the NOA1 of the I-485. 

 

That sucks! You’re absolute right that is a ludicrous amount of time to be expected to not drive or work! Wow. 

 

[Linnn 108]

My state is Wisconsin, still waiting for my biometrics appointment.

We filed on 04/23 and got our NOA's, received an RFE in May and sent it back which USCIS received and no movement ever since then.

I really can't wrap my head around them really expecting us to wait that long until we can work!

 

 

[Sweetdreaming 397]

On 8/22/2020 at 2:03 PM, Gomast said:

My state is Florida. 
It seems that these are the options, and I don’t think that I qualify for any of them:

https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/non-immigrant/

Non-immigrant: I don’t have EAD. 
 

https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/immigrant/

Immigrant: I don’t have any approved document, except for the NOA1 of the I-485. 

 

Florida most certainly lets you have a 1 year driving license with a pending i-485.

 

ive edited to just the relevant parts.

 

 

The 2019 Florida Statutes

 

322.08 Application for license; requirements for license and identification card forms.—

 

(2) Each such application shall include the following information regarding the applicant:

(c) Proof of identity satisfactory to the department. Such proof must include one of the following documents issued to the applicant:

8. Proof of nonimmigrant classification provided by the United States Department of Homeland Security, for an original driver license. In order to prove nonimmigrant classification, an applicant must provide at least one of the following documents.

g. Evidence that an application is pending for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States, if a visa number is available having a current priority date for processing by the United States Citizenship and Immigration Services

 

A driver license or temporary permit issued based on documents required in subparagraph 7. or subparagraph 8. is valid for a period not to exceed the expiration date of the document presented or 1 year.

 

 

 

The full law is here http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0322/Sections/0322.08.html

 

In my case they already knew that I was able to apply and didnt cause any problems, however Id recommend printing off the relevant statue page when you visit your local DMV as im sure not all employees are going to be well trained or experienced enough to have dealt with this before.

Edited August 24, 2020 by Sweetdreaming

[Gomast 65]

9 hours ago, Sweetdreaming said:

Florida most certainly lets you have a 1 year driving license with a pending i-485.

 

ive edited to just the relevant parts.

 

 

The 2019 Florida Statutes

 

322.08 Application for license; requirements for license and identification card forms.—

 

(2) Each such application shall include the following information regarding the applicant:

(c) Proof of identity satisfactory to the department. Such proof must include one of the following documents issued to the applicant:

8. Proof of nonimmigrant classification provided by the United States Department of Homeland Security, for an original driver license. In order to prove nonimmigrant classification, an applicant must provide at least one of the following documents.

g. Evidence that an application is pending for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States, if a visa number is available having a current priority date for processing by the United States Citizenship and Immigration Services

 

A driver license or temporary permit issued based on documents required in subparagraph 7. or subparagraph 8. is valid for a period not to exceed the expiration date of the document presented or 1 year.

 

 

 

The full law is here http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0322/Sections/0322.08.html

 

In my case they already knew that I was able to apply and didnt cause any problems, however Id recommend printing off the relevant statue page when you visit your local DMV as im sure not all employees are going to be well trained or experienced enough to have dealt with this before.

@Sweetdreaming You are amazing!!!

 

I scheduled an appointment for 9/22/20 (the first available appointment!)

I'll let you know know if it worked.

 

[whiterose123 95]

On 8/21/2020 at 11:14 AM, whiterose123 said:

Hi everyone,

I have applied for adjustment of status (from a K1 visa) and my employment authorization (I-765) in January and I had my Biometrics appointment late February 2020, I still didn't receive anything from the USCIS. Does anyone have an idea about how long it is taking recently to get an Employment authorization ? 

Ty

I just got mine finally ! hopefully y'all will get it soon !