K1 pending EAD/AOS Driver's Lisence in MA

[mentalsonic 0]

Hey VJ folks,

 

Just got my SSN, does anyone have experience of getting driver's license in MA before getting EAD/AOS?
There is a 12-month legal stay proof rule I found on their website, anyone know what I can bring for that document requirement?

[Mike E 11,742]

1 hour ago, mentalsonic said:

Hey VJ folks,

 

Just got my SSN, does anyone have experience of getting driver's license in MA before getting EAD/AOS?
There is a 12-month legal stay proof rule I found on their website, anyone know what I can bring for that document requirement?

The above doesn’t list an I-797 (such as you  what you would receive from filing I-485) as a valid proof of authorized presence.  This is surprising.  The REAL ID act does allow states to accept I-485 receipts and grant one year ID.  
 

You try bringing your I-485 receipt. 
 

 

Edited March 10, 2022 by Mike E

[Redro 4,611]

1 hour ago, Mike E said:

The above doesn’t list an I-797 (such as you  what you would receive from filing I-485) as a valid proof of authorized presence.  This is surprising.  The REAL ID act does allow states to accept I-485 receipts and grant one year ID.  
 

You try bringing your I-485 receipt. 
 

 

Different states have different requirements. 

Lawful presence documents

For non-U.S. citizens, you need to provide valid, verifiable immigration documents as well as proof that you've been granted a legal stay in the U.S. for at least 12 months. Your license or ID will expire when your legal stay is over.

• Valid, unexpired Permanent Resident Card (Form I-551) issued by DHS or INS
• Temporary I-551 stamp in foreign passport
• Unexpired employment authorization document (EAD) issued by DHS, Form I-766, or Form I-688B
• Unexpired foreign passport with a valid, unexpired U.S. visa affixed
• A non-US passport must contain a current visa and be presented with an I-94 Record of Arrival and Departure, unless you have a Permanent Resident Card or other change in status. The I-94 can be either a paper version from U.S. Customs and Border Protection or a printout of an electronic version downloaded from their website.
• For applicable customers who have a Certificate of Eligibility (I-20) or Certificate of Eligibility for Exchange Visitor Status (DS-2019) documentation verifying the applicant's most recent admittance into the United States must be shown
• Certificate of Citizenship, Form N-560, or Form N-561, issued by DHS
• Certificate of Naturalization (Form N-550 or N-570)
• Re-Entry Permit (I-327) - accepted for Standard credential only
• Refugee Travel Document (I-571) - accepted for Standard credential only

 

Don't think I-485 receipt will be accept. Will probably have to wait for EAD.. 

 

https://www.mass.gov/guides/massachusetts-identification-id-requirements#-lawful-presence-documents-

 

NOTE: All immigration documents must show a valid continuous 12-month stay in the U.S.

 

Edited March 10, 2022 by Kor2USA

[RLA 324]

It is worth a shot going to the DMV with your I-485 receipt notice.  The PDF with the documentation checklist mentions "other change in status", and as @Mike E said, the federal Real ID act accepts the I-485 receipt as evidence for lawful presence.  So maybe it will work.  They will have to verify with the federal database anyway, and there you'll be listed as being lawfully present.

 

If not, you might still be able to get a non-Real ID license, which is also immensly valuable.

[mentalsonic 0]

Thanks @Mike E @RLA for your answer. Will give it a try, keep you guys updated!

[mentalsonic 0]

Update:
I went to RMV by appointment this afternoon, they denied my application, they said come back when I get my EAD or green card.