I need a driver's license

[Changoleon 7]

Hi everyone,

First let me apologize if this post is in wrong forum.

I came to the US on a K-1 visa. After getting married, I got a SSN and got my driver's licence with that. But the first driver's license was valid until my I-94 was valid which was 2 weeks ago. I have applied for AOS and EAD but no news from them yet.

Is there a way I can get a driver's license before I get my Green Card or EAD?

thanks and Merry Christmas

[Amhara 460]

Which state?

[ameribrazil 37]

Hi everyone,

First let me apologize if this post is in wrong forum.

I came to the US on a K-1 visa. After getting married, I got a SSN and got my driver's licence with that. But the first driver's license was valid until my I-94 was valid which was 2 weeks ago. I have applied for AOS and EAD but no news from them yet.

Is there a way I can get a driver's license before I get my Green Card or EAD?

thanks and Merry Christmas

As far as I know in NJ, you will need your GC or EAD prior to renewing it. This is the only documents that will verify your current status here in the US. Not sure if other states has their own rules. But definitely in NJ, this is what you need to renew.

[Changoleon 7]

Which state?

Arkansas

[Amhara 460]

Ouch. It looks like you need to wait for EAD:

http://www.dfa.arkansas.gov/offices/driverServices/Pages/FAQ's.aspx

To prove legal presence in the United States one of the following documents must be shown:

Primary Documents

• U.S. Passport/U.S. Passport Card
• U.S. Birth Certificate of Birth/Birth Abroad (US only) (No Birth Cards Accepted) Must be original or certified copy, have a raised seal and be issued by the Bureau of Vital Statistics or State Board of Health.
• Photo Document from DHS -(Department of Homeland Security, US Citizenship and Immigration Services) (No Border Crossing Cards)- Must Verify through Systematic Alien Verification for Entitlements (S.A.V.E)
• U.S. Visa with Valid Foreign Passport- appropriate INS document is also required-Must verify through S.A.V.E
• Employment Authorization Card -Must verify through S.A.V.E
• Immigration and Naturalization Service (INS) Documents, as follows:
  Certificate of Naturalization (N-550, N-570, or N-578).
  Certificate of Citizenship (N-560, N-561, or N-645).
  Resident Alien Card/Permanent Resident Card (I-151, I-551, AR-3, AR-3A, or AR-103).

[perfect 39]

http://www.dfa.arkansas.gov/offices/driverServices/Pages/FAQ's.aspx

Primary Documents

• U.S. Passport/U.S. Passport Card
• U.S. Birth Certificate of Birth/Birth Abroad (US only) (No Birth Cards Accepted) Must be original or certified copy, have a raised seal and be issued by the Bureau of Vital Statistics or State Board of Health.
• Photo Document from DHS -(Department of Homeland Security, US Citizenship and Immigration Services) (No Border Crossing Cards)- Must Verify through Systematic Alien Verification for Entitlements (S.A.V.E)
• U.S. Visa with Valid Foreign Passport- appropriate INS document is also required-Must verify through S.A.V.E
• Employment Authorization Card -Must verify through S.A.V.E
• Immigration and Naturalization Service (INS) Documents, as follows:
  Certificate of Naturalization (N-550, N-570, or N-578).
  Certificate of Citizenship (N-560, N-561, or N-645).
  Resident Alien Card/Permanent Resident Card (I-151, I-551, AR-3, AR-3A, or AR-103).

[Ksenia_O 696]

Looks like there is no way to get the Driver License without an Employment authorization.

Primary Documents

• U.S. Passport/U.S. Passport Card
• U.S. Birth Certificate of Birth/Birth Abroad (US only) (No Birth Cards Accepted) Must be original or certified copy, have a raised seal and be issued by the Bureau of Vital Statistics or State Board of Health.
• Photo Document from DHS -(Department of Homeland Security, US Citizenship and Immigration Services) (No Border Crossing Cards)- Must Verify through Systematic Alien Verification for Entitlements (S.A.V.E)
• U.S. Visa with Valid Foreign Passport- appropriate INS document is also required-Must verify through S.A.V.E
• Employment Authorization Card -Must verify through S.A.V.E
• Immigration and Naturalization Service (INS) Documents, as follows:
  Certificate of Naturalization (N-550, N-570, or N-578).
  Certificate of Citizenship (N-560, N-561, or N-645).
  Resident Alien Card/Permanent Resident Card (I-151, I-551, AR-3, AR-3A, or AR-103).

Here is the link

http://www.dfa.arkan...ages/FAQ's.aspx

State of Missouri is the same - to get your DL you need or I-94 (for K1), EAD or actually a Green card.

Edited December 22, 2015 by Ksenia_O

[EricAndOrn 30]

I saw this B.S. coming in my state too. Went to the local DMV and they told me they would only issue a license for the period of the validity of the I-94.

I thought this was wrong, my fiance should be able to get a licence while filing for adjustment of status. Just because the DMV doesn't list the document, doesn't mean it isn't valid. The difficulty is getting them to accept your documentation.

Most states' law states that you can not be in violation of immigration laws in order to get a driver's licence. The problem is, the states' DMV is being asked to interpret immigration law to determine if someone is here illegally. Obviously it is not their area of expertise.

K-1 filers, that are adjusting for status, are legally present in the United States by authority of the Attorney General. In those states that try to deny a licence to an AOSer based on "being in the country illegally", they are wrong and/or not informed properly.

Remember, state regulations are not allowed to violate state law. Just because the regulations or DMV policies say something, it does not mean that it is legal and correct. Often these regulations/policies are based on an incomplete reading of the law.

You have two options, roll over and accept what the DMV says or fight it not just for yourself, but for future K-1 fiancees coming to your state.

I fought. Now when my fiancee arrives, I know she will get the driver's license she deserves.

Example for Arkansas: Arkansas gives licenses to DACA beneficiaries (Deferred Action for Childhood Arrivals). These DACA kids were here illegally, filed some paperwork with USCIS and upon approval, they enjoy legal presence in the US under the authority of the Attorney General. Hey, that sounds just like the situation a K-1 beneficiary is in while adjusting for status, doesn't it? Actually it is. So if Arkansas issues licenses to DACA kids (and they do), they should issue them to K-1 beneficiaries too. Otherwise it is a 14th amendment violation under the equal protection clause.

I can also state other reasons and provide evidence.

Bottom line: Roll over or fight

P.S. I would love to join up with like minded people who are willing to fight for this.

Edited December 23, 2015 by EricAndOrn

[Amhara 460]

I would agree with Eric. In Texas, they will accept an NOA the remove the "limited term" restriction on the initial driver's license. See if they will accept yours also if you AOS before your I-94 expires. It seems AK wants a document with your photo on it. I wish you the best!

[D.Ba 85]

I would say go to the DMV and try. Take passport (as identification) and NOA for AOS as proof of authorised stay.

The girl behind the counter disappeared for 20 minutes to consult with the supervisor and then said something like they don't normally do this and they had to look it up as well (I wonder whete!). Got my license for a year in AZ.

They only sent me home because I didn't have the priginal marriage license, but that was because of name change.

[EricAndOrn 30]

They can verify the status in their SAVE database. Your AOS will come back as "pending". They may say, "Well, it's only 'pending', come back when it is 'approved'" or they might not find it at all, then they must put in a manual request for their search which takes a few days. Either way, they will get their "pending" status.

Then point them to the "REAL ID act" passed by congress, which is the reason they are so careful about issuing driver's licenses in the first place. They don't want to be found in non-compliance with the act and lose the "little star" printed on the license. Without the star, the driver's license can't be used for many things, including boarding a plane next year (yeah, we'll see how that works out)

REAL ID act 49 USC §30301 Sec 202 © (2) (B) (ix)

(B) Evidence of lawful status.--A State shall require, before issuing a driver's license or identification card to a person, valid documentary evidence that the person-- 
(i) is a citizen or national of the United States;
(ii) is an alien lawfully admitted for permanent or temporary residence in the United States; 
(iii) has conditional permanent resident status in the United States; 
(iv) has an approved application for asylum in the United States or has entered into the United States in refugee status; 
(v) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States; 
(vi) has a pending application for asylum in the United States; 
(vii) has a pending or approved application for temporary protected status in the United States; 
(viii) has approved deferred action status; or 
(ix) has a pending application 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.

Look at (ix) - there it is, the reason you should get a license and evidence that you are not here illegally. Note that it says "pending" and not "approved".

By the way, the DACA kids i talked about earlier, they are listed under (viii), and it says "approved" for them, so they usually have to show an EAD card.

I don't expect the counter person at the DMV to know any of this. You will most likely have to escalate. Talk to the local DMV supervisor, escalate to the state DMV manager. And if they still refuse, go to your state attorney general to set them straight.

Remember: Just because their poster on the wall or the website doesn't list your I-797 NOA pending status, doesn't mean you can't use it.

[Amhara 460]

This is some great research EricandOrn! I am going to look into this more, since I really think this can help others! However, one thing I have come across is that these are minimum standards; I disagree with you that if the states do not accept an NOA to issue a driver's license that they are violating Federal Laws.

Here's one thing I found:

(http://www.dhs.gov/real-id-public-faqs)

REAL ID does NOT apply to the following:

• Entering Federal facilities that do not require a person to present identification

• Voting or registering to vote

• Applying for or receiving Federal benefits

• Being licensed by a state to drive

• Accessing Health or life preserving services (including hospitals and health clinics), law enforcement, or constitutionally protected activities (including a defendant’s access to court proceedings)

• Participating in law enforcement proceedings or investigations

I am trying to find the actual Public Law (PL) that should be on uscode.house.gov

[EricAndOrn 30]

The public law is here:

https://www.gpo.gov/fdsys/pkg/PLAW-109publ13/html/PLAW-109publ13.htm

You are right that it is a minimum standard. But if they deny you a license because they think you violated immigration law, then that is the reason, not because they decided not to accept every document in the REAL ID act.

In my State:

Wyoming Statutes: 31-7-108 (b) (vi)
(b)  The division shall not issue or renew any driver's license to any person:
(vi)  Who is in violation of the immigration laws of the United States;

So, if you are not in violation of immigration laws, you get a license, if you otherwise qualify.

If your state issues a license on an I-94, they should issue on AOS, they just don't know you are legal with AOS.

Edited December 23, 2015 by EricAndOrn

[Amhara 460]

Well, I have good news and I have bad news.... I will start with the bad news

The bad news is that the list you provided, EricandOrn is actually retracted in the very next subsection (if that's what's it's called). So the pending AOS doesn't completely count - it only counts for temporary ID's or drivers license.

The good news is that AR and TX are not fully compliant with the REAL ID act at this time. They have an extension to October 2016, so they don't need to follow this rule hard and fast! Changoleon, you still may have a chance!

"© TEMPORARY DRIVERS’ LICENSES AND IDENTIFICATION CARDS.—

(i) IN GENERAL.—If a person presents evidence under any of clauses (v) through (ix) of subparagraph [Which includes pending AOS - item ix]

(B), the State may only issue a temporary driver’s license or temporary identification card to the person.

(ii) EXPIRATION DATE.—A temporary driver’s license or temporary identification card issued pursuant to this subparagraph shall be valid only during the period of time of the applicant’s authorized stay in the United States or, if there is no definite end to the period of authorized stay, a period of one year.

(iii) DISPLAY OF EXPIRATION DATE.—A temporary driver’s license or temporary identification card issued pursuant to this subparagraph shall clearly indicate that it is temporary and shall state the date on which it expires.

(iv) RENEWAL.—A temporary driver’s license or temporary identification card issued pursuant to this subparagraph may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the temporary driver’s license or temporary identification card has been extended by the Secretary of Homeland Security"

(https://www.gpo.gov/fdsys/pkg/STATUTE-119/pdf/STATUTE-119-Pg231.pdf)

This PL starts on PDF page 81 of 93 and ends PDF page 86 of 93. Citation is on PDF page 83

[EricAndOrn 30]

I disagree with you that if the states do not accept an NOA to issue a driver's license that they are violating Federal Laws

I never said they are violating federal laws, they are violating their own state laws. But they are violating 14th amendment if they apply laws differently to people in similar situations.