Massachusetts driving license

[_Diver 2]

We just tried to apply for Massachusetts learner's permit and got rejected on the  "All immigration documents must show a valid 12-month stay in the U.S" clause of the document checklist from here: MA doc reqs

 

For proof of lawful presence we used foreign passport + visa (ESTA) + I-94. Timewise we don't satisfy the 12 month mark.

 

We recently started AOS. My question is, what marks the beginning of the lawful presence? Getting an EAD? NOA on 485? Next time we try we will use EAD, but I'm not sure when we will clear the 12 month mark.

 

Thanks!

[Lil bear 4,181]

4 minutes ago, _Diver said:

We just tried to apply for Massachusetts learner's permit and got rejected on the  "All immigration documents must show a valid 12-month stay in the U.S" clause of the document checklist from here: MA doc reqs

 

For proof of lawful presence we used foreign passport + visa (ESTA) + I-94. Timewise we don't satisfy the 12 month mark.

 

We recently started AOS. My question is, what marks the beginning of the lawful presence? Getting an EAD? NOA on 485? Next time we try we will use EAD, but I'm not sure when we will clear the 12 month mark.

 

Thanks!

Esta /vwp only gives you 90 days. Need to wait until you have EAD. Until then you have authorized stay ( once AOS docs have been received and you have the notice of receipt in hand). 

[_Diver 2]

1 minute ago, Lil bear said:

Esta /vwp only gives you 90 days. Need to wait until you have EAD. Until then you have authorized stay ( once AOS docs have been received and you have the notice of receipt in hand). 

 

So 1 year starts from the NOA?

[Crazy Cat 41,806]

10 minutes ago, _Diver said:

We just tried to apply for Massachusetts learner's permit and got rejected on the  "All immigration documents must show a valid 12-month stay in the U.S" clause of the document checklist from here: MA doc reqs

 

For proof of lawful presence we used foreign passport + visa (ESTA) + I-94. Timewise we don't satisfy the 12 month mark.

 

We recently started AOS. My question is, what marks the beginning of the lawful presence? Getting an EAD? NOA on 485? Next time we try we will use EAD, but I'm not sure when we will clear the 12 month mark.

 

Thanks!

You are not in lawful status once your I-94 has expired.  Submitting a proper I-485 grants you authorized stay until approval or denial, but it not a legal status. Unless your state allows issuing of the DL with an I-797 receipt for adjustment, you'll have to wait for an EAD. 

Edited December 16, 2022 by Crazy Cat

[_Diver 2]

1 minute ago, Crazy Cat said:

You are not in lawful status once your I-94 has expired.  Submitting a proper I-485 grants you authorized stay until approval or denial, but it not a legal status. Unless your state allows issuing of the DL with an I-797 for adjustment, you'll have to wait for an EAD. 

I am planning on using EAD. But another requirement is "All immigration documents must show a valid 12-month stay in the U.S.". So back to my original question - what marks the beginning of lawful stay, and how i show it to people at RMV/DMV?

 

Thank you

[Crazy Cat 41,806]

7 minutes ago, _Diver said:

 

So 1 year starts from the NOA?

I think you are misinterpreting the requirement.  You must show that you will be in legal status for the next 12 months....not past 12 months.  An EAD will suffice for that requirement.

Edited December 16, 2022 by Crazy Cat

[Crazy Cat 41,806]

As @Lil bear explained, your I-94 gave you only 90 days legal status.....from the day you entered the US.

Edited December 16, 2022 by Crazy Cat

[Lil bear 4,181]

8 minutes ago, _Diver said:

 

So 1 year starts from the NOA?

No not the AOS NOA. That starts authorized stay not “lawful presence” But you can get it with the EAD 

[_Diver 2]

2 minutes ago, Crazy Cat said:

I think you are misinterpreting the requirement.  My understanding is that you must show that you will be in legal status for the next 12 months....not past 12 months.  An EAD will suffice for that requirement.

 

Unfortunately I don't think that I misinterpret (lawful presence stay must be at least 12 months):

 

[_Diver 2]

1 minute ago, Lil bear said:

No not the AOS NOA. That starts authorized stay not “lawful presence” But you can get it with the EAD 

 

so receiving EAD starts the 12 months clock?

[Crazy Cat 41,806]

3 minutes ago, _Diver said:

 

so receiving EAD starts the 12 months clock?

You need a document which allows you to stay in the US legally for the next 12 months.  

Edited December 16, 2022 by Crazy Cat

[Lil bear 4,181]

Just now, _Diver said:

 

so receiving EAD starts the 12 months clock?

The EAD card has a 2 yr validity… based on the underlying AOS being in processing  Thats will satisfy  DMV.  But .. if your AOS is denied …. then the EAD is no longer valid  Hopefully you wont have to deal

with that 

[_Diver 2]

here is the mass requirements:

 

[_Diver 2]

5 minutes ago, Crazy Cat said:

You need a document which allows you to stay in the US legally for the next 12 months. 

CrazyCat,

 

So you still think as long as I have a doc that will show 12 months valid stay going forward it should be ok? and I don't need to wait for 12 months of actual lawful stay?

Edited December 16, 2022 by _Diver

[Crazy Cat 41,806]

1 minute ago, _Diver said:

CeazyCat,

 

So you still think as long as I have a doc that will show 12 months valid stay going forward it should be ok? and I don't need to wait for 12 months of actual lawful stay?

EXACTLY!!

Edited December 16, 2022 by Crazy Cat