DL Renewal in TX denied due to SAVE verification

[HopefulForGC 14]

I am having trouble renewing my DL license which expired recently. I am lawfully present in the USA with a pending I-485 application. I previously had a valid EAD that expired on Dec 18th, 2024 that I have not renewed. I have been visiting the DPS office in Denton County. I initially got my TX DL in July 2023 and at the time I used my EAD as supporting documentation. Since my EAD expired on Dev 18th, 2024, the DL also had an expiry date of Dec 18th, 2024. Fast forward to a few months ago. I have been trying to renew since September 2024 and after 6 visits and 4 verification checks, Here is my experience so far:

Sep-24- Initial visit to DPS office, where they conducted the first SAFE verification using my pending I797-C Notice of Action form for my pending I-485 applciation to adjust status. The first stage of the SAFE verification came back with the same date (12/18/2024). I was told I need a secondary verifiaciton, and to come back later when that goes through.

 

Oct-24 - I went back to DPS after results for first verification came back. I was told that the SAFE system returned the same date (Dec 18, 2024) and that a license couldn't be issued at this time. I was told to come closer to the expiration date. At this point, they submitted another SAFE verification.

 

Oct-24 - The SAFE verification result came back so I visited the DPS again later in October 2024. The 2nd SAFE verification also returned 12-18-2024 as the date. By mistake, the agent issued a new drivers license with the same expiry date. Spoke to supervisor at this time and was told to come back even closer to expiry date to do another SAFE check. They told me next time I don't have to pay for anotehr DL because this one was issued in error. Appointment was booked for 11/26/2024.

 

Nov-24 - Visited again. They kicked off the 3rd SAFE verification and told me to come back.

 

Dec-24 - This time SAFE returned a date of January 4th, 2025. I am guessing this is because now it was past the EAD expiry date (12-18-2024), and my last issued I-94 expires on January 4th, 2024 (according to the last time I was lawfully paroled into the USA).  I was issued yet another DL with this new expiry date of Jan 4th 2025. I was told to come back on Jan 3rd, 2025 to speak to the supervisor and was assure that this time I will get the correct date.

 

Jan-03-2025- After waiting 2 hours to speak to the supervisor, they basically told me that the I-797 Notice of Action for a pending I-485 is not a valid document. This is false information. I tried my best to explain this to them that I am lawfully present and that the I797C for a pending I-485 is valid documentation according to the DPS website (clearly stated here ). They refused to listen to me and now were telling me that my I797 is not a valid document for extension. I respectfully disagreed. The staff was ill-informed, unwilling to help, and basically told me they will issue a final 30 day extension to my DL and can not help me further. I respectfully said that issuing a state DL is their responsibility for a lawful resident of Texas. They told me to contact USCIS instead.

 

At this point, I am not sure what to do. My DL expired on January 4th, 2025. I have a hand-written extension for another 30 days. I am not sure how to bring it up to SAFE/USCIS about this issue. I have heard that SAFE system is notoriously bad for I-485 verifications according to other nightmare experiences on forums/reddit. I have filed a complaint with the Inspector General of DPS office as of yesterday but I do not expect that to go anywhere.

Edited January 6 by HopefulForGC
accidently put empty post

[wildbug100420 155]

1 hour ago, HopefulForGC said:

I am having trouble renewing my DL license which expired recently. I am lawfully present in the USA with a pending I-485 application. I previously had a valid EAD that expired on Dec 18th, 2024 that I have not renewed. I have been visiting the DPS office in Denton County. I initially got my TX DL in July 2023 and at the time I used my EAD as supporting documentation. Since my EAD expired on Dev 18th, 2024, the DL also had an expiry date of Dec 18th, 2024. Fast forward to a few months ago. I have been trying to renew since September 2024 and after 6 visits and 4 verification checks, Here is my experience so far:

Sep-24- Initial visit to DPS office, where they conducted the first SAFE verification using my pending I797-C Notice of Action form for my pending I-485 applciation to adjust status. The first stage of the SAFE verification came back with the same date (12/18/2024). I was told I need a secondary verifiaciton, and to come back later when that goes through.

 

Oct-24 - I went back to DPS after results for first verification came back. I was told that the SAFE system returned the same date (Dec 18, 2024) and that a license couldn't be issued at this time. I was told to come closer to the expiration date. At this point, they submitted another SAFE verification.

 

Oct-24 - The SAFE verification result came back so I visited the DPS again later in October 2024. The 2nd SAFE verification also returned 12-18-2024 as the date. By mistake, the agent issued a new drivers license with the same expiry date. Spoke to supervisor at this time and was told to come back even closer to expiry date to do another SAFE check. They told me next time I don't have to pay for anotehr DL because this one was issued in error. Appointment was booked for 11/26/2024.

 

Nov-24 - Visited again. They kicked off the 3rd SAFE verification and told me to come back.

 

Dec-24 - This time SAFE returned a date of January 4th, 2025. I am guessing this is because now it was past the EAD expiry date (12-18-2024), and my last issued I-94 expires on January 4th, 2024 (according to the last time I was lawfully paroled into the USA).  I was issued yet another DL with this new expiry date of Jan 4th 2025. I was told to come back on Jan 3rd, 2025 to speak to the supervisor and was assure that this time I will get the correct date.

 

Jan-03-2025- After waiting 2 hours to speak to the supervisor, they basically told me that the I-797 Notice of Action for a pending I-485 is not a valid document. This is false information. I tried my best to explain this to them that I am lawfully present and that the I797C for a pending I-485 is valid documentation according to the DPS website (clearly stated here ). They refused to listen to me and now were telling me that my I797 is not a valid document for extension. I respectfully disagreed. The staff was ill-informed, unwilling to help, and basically told me they will issue a final 30 day extension to my DL and can not help me further. I respectfully said that issuing a state DL is their responsibility for a lawful resident of Texas. They told me to contact USCIS instead.

 

At this point, I am not sure what to do. My DL expired on January 4th, 2025. I have a hand-written extension for another 30 days. I am not sure how to bring it up to SAFE/USCIS about this issue. I have heard that SAFE system is notoriously bad for I-485 verifications according to other nightmare experiences on forums/reddit. I have filed a complaint with the Inspector General of DPS office as of yesterday but I do not expect that to go anywhere.

Please complete your timelines. What are you adjusting status from? 

[wildbug100420 155]

6 minutes ago, wildbug100420 said:

Please complete your timelines. What are you adjusting status from? 

Also is the category of your eac eligible for renewal?

[HopefulForGC 14]

27 minutes ago, wildbug100420 said:

Please complete your timelines. What are you adjusting status from? 

I concurrently applied for I-130, I-131, I-765 and I-485 in March 2022 under F2A category. My spouse and petitioner at the time was LPR.

I-131 and I-176 were approved in 2023 and have since expired already. I did not renew EAD or advanced parole document.

The I-130 was approved in April 2024. I-485 is still pending. Hubby just naturalized in Oct 2024 and we already notified the field office to upgrade the petition to IR from F2A by sending a letter.

 

I-765 was a class C09 approval. I opted not to renew because it can take months for a renewal and am hoping my I-485 will be approved very soon, especially with spouse naturalizing.

 

[Lil bear 4,293]

As you say , their own documentation list the I797 for and I485 as an acceptable document of legal status 

 

Which DMV are you dealing with? 

@CrazyCat  Can you provide some first hand suggestions on this ? 

[wildbug100420 155]

It seems like your priority date is not current. Until your spouse is naturalized you remain in a preference category and not immediate relative. 

[HopefulForGC 14]

51 minutes ago, Lil bear said:

As you say , their own documentation list the I797 for and I485 as an acceptable document of legal status 

 

Which DMV are you dealing with? 

@CrazyCat  Can you provide some first hand suggestions on this ? 

I have been going to the DPS office in Denton, TX (4020 E McKinney St, Denton, TX 76208)

[HopefulForGC 14]

50 minutes ago, wildbug100420 said:

It seems like your priority date is not current. Until your spouse is naturalized you remain in a preference category and not immediate relative. 

Spouse already naturalized on Oct 25, 2024. We sent a letter with the certificate of naturalization attached to the Dallas field office which was delivered via Fedex mail on Nov 7th 2024. I also uploaded the same package to my USCIS account under the I-485 supporting documents tab.

[milimelo 4,541]

3 hours ago, HopefulForGC said:

Spouse already naturalized on Oct 25, 2024. We sent a letter with the certificate of naturalization attached to the Dallas field office which was delivered via Fedex mail on Nov 7th 2024. I also uploaded the same package to my USCIS account under the I-485 supporting documents tab.

Try having your new USC spouse to get in touch with his congressman/senator to flag his naturalization (and your category change) to local USCIS office.

[NorthByNorthwest 367]

15 hours ago, HopefulForGC said:

Jan-03-2025- After waiting 2 hours to speak to the supervisor, they basically told me that the I-797 Notice of Action for a pending I-485 is not a valid document. This is false information. I tried my best to explain this to them that I am lawfully present and that the I797C for a pending I-485 is valid documentation according to the DPS website (clearly stated here ). They refused to listen to me and now were telling me that my I797 is not a valid document for extension. I respectfully disagreed. The staff was ill-informed, unwilling to help, and basically told me they will issue a final 30 day extension to my DL and can not help me further. I respectfully said that issuing a state DL is their responsibility for a lawful resident of Texas. They told me to contact USCIS instead.

 

While in AOS with expired I-94 you are actually NOT lawfully present but rather "in period of authorized stay" which is not the same thing. That does not change the fact that your I-797 should be sufficient according to the link you provided.

[mam521 2,131]

12 minutes ago, NorthByNorthwest said:

 

While in AOS with expired I-94 you are actually NOT lawfully present but rather "in period of authorized stay" which is not the same thing. That does not change the fact that your I-797 should be sufficient according to the link you provided.

^^^This.  It's also why people can't get a SSN when they are adjusting until they actually have work authorization or their greencard.  

 

The SAVE verification won't indicate you're lawfully present and DPS are a stickler for it.  They will not give you a DL until your EAD or GC are approved, whichever comes first.  

 

Has your category changed from F2A to CR1 in your online profile?  

[beloved_dingo 1,981]

I think part of the problem here is an I-797 doesn't have an expiration date like other documents do (I-94, EAD, green card). So if they renew your driver's license based on the I-797, when is the DL supposed to expire? They have no way of knowing if or when your pending I-485 would be approved. 

 

Of course, they should have had proper protocols in place for this circumstance instead of making you jump through hoops for months...

[HopefulForGC 14]

4 hours ago, NorthByNorthwest said:

 

While in AOS with expired I-94 you are actually NOT lawfully present but rather "in period of authorized stay" which is not the same thing. That does not change the fact that your I-797 should be sufficient according to the link you provided.

 

Ah, thanks for that clarification.

 

4 hours ago, mam521 said:

^^^This.  It's also why people can't get a SSN when they are adjusting until they actually have work authorization or their greencard.  

 

The SAVE verification won't indicate you're lawfully present and DPS are a stickler for it.  They will not give you a DL until your EAD or GC are approved, whichever comes first.  

 

Has your category changed from F2A to CR1 in your online profile?  

 

That is odd. Before I moved to Texas, I was in Virginia. When I got my Virginia DL, it was done using the I-797. At that point, I did not even have an EAD, only a pending I-765 and I-485 application. They gave me a license for 12 months. A SAVE check was done back in Virginia also, and at that point SAVE gave a date 12 months out based on the I-797. I thought for a pending I-797, it should default to 12 months out from the date you apply. The fact that they won't give me a DL until I renew my EAD or until GC is approved seems absurd and contradicts their own policy. Ahhh.

 

 

As far as category change, we have sent the letter, but I have no way of checking in the online profile if it has changed from F2A to CR1. How do I check that?

Edited January 6 by HopefulForGC

[NorthByNorthwest 367]

41 minutes ago, HopefulForGC said:

That is odd. Before I moved to Texas, I was in Virginia. When I got my Virginia DL, it was done using the I-797. At that point, I did not even have an EAD, only a pending I-765 and I-485 application. They gave me a license for 12 months. A SAVE check was done back in Virginia also, and at that point SAVE gave a date 12 months out based on the I-797. I thought for a pending I-797, it should default to 12 months out from the date you apply. The fact that they won't give me a DL until I renew my EAD or until GC is approved seems absurd and contradicts their own policy. Ahhh.

 

Different states have different procedures - your case is a bit special since you had an EAD that subsequently expired, I would not be surprised if that trips things up. I don't see a first-level SAVE response corresponding to that case in here:

 

https://www.uscis.gov/sites/default/files/document/guides/SAVE-Guide to Understanding SAVE Verification Responses.pdf

 

You're basically an APPLICATION PENDING - NOT TEMPORARY EMPLOYMENT AUTHORIZED if they even get to that level of response...

[HopefulForGC 14]

3 minutes ago, NorthByNorthwest said:

 

Different states have different procedures - your case is a bit special since you had an EAD that subsequently expired, I would not be surprised if that trips things up. I don't see a first-level SAVE response corresponding to that case in here:

 

https://www.uscis.gov/sites/default/files/document/guides/SAVE-Guide to Understanding SAVE Verification Responses.pdf

 

You're basically an APPLICATION PENDING - NOT TEMPORARY EMPLOYMENT AUTHORIZED if they even get to that level of response...

This is a helpful resource, thanks.

 

Quote

APPLICATION PENDING - NOT TEMPORARY EMPLOYMENT AUTHORIZED: The non-national has filed an
application with USCIS for an extension, change or adjustment of status, but a USCIS decision on the
application has not yet been made. The applicant is not employment authorized. Usually documented with
a Form I-797 Notice of Action.

This is exactly it. I wonder what the latest SAFE verification check will return, there is no way to check the response CODE returned by SAFE, is there?

Edited January 6 by HopefulForGC