Lawsuit Against the DMV

[Cody]

I have a previous post about this, but the issue has evolved and I could use some advice from you guys. My wife, who came on a K-1, visa has been denied time and time again by Pennsylvania's department of motor vehicles for an ID. They state that her I-94 will expire within less than a month, and refuse to issue a four year ID or license.

 

But here's the catch. The PA DMV has a document posted that indicates that she should be eligible for an ID. Click on the link below and scroll down to K-1.

 

http://www.dot10.state.pa.us/pdotforms/fac...ts/pub195nc.pdf

 

However, the DMV phone reps refuse to honor the stipulations of their own document... they gave me an excuse about some vague homeland security act. Then told me that I was confused.

 

Anyway, I talked to a lawyer who suggested that I print everything out and bring it to the DMV... then get a letter from them stating why they can't honor their obligation.

 

Here's where I need advice. Do you think it's worth it to take these idiots to court? And has anyone experienced such problems from their DMV?

[frank1538]

Here's where I need advice.  Do you think it's worth it to take these idiots to court?  And has anyone experienced such problems from their DMV?

144853[/snapback]

In a word, no. By the time you would get any action on a lawsuit (even a settlement), your wife will likely be a permanant resident.

 

Your lawyer's advice is good. Gather the documents and politely confront the DMV with it. Just remember, you're probably dealing with a lowly subordinate who hasn't the foggiest idea of what the requirements really are. Try to elevate this to a supervisor level at least.

[tywy_99]

I suggest start a joint bank account between you and your wife and get a letter from your bank saying as such and showing her current address. With a letter, (or statement) from the bank and the I-797C, you should have all the bases cover. You got her SS card, her passport and visa, and her I-94.

 

 

Anyways, it looks like you're not far from having all the documents you need. When you are ready to go back to DMV, make a print of that fact sheet and throw that in their face if it becomes necessary. These DMV reps are like SS and all the rest. They have no clue in immigrations.

 

I hope you didn't spend any money on that lawyer. You can get the same advice here at CFL...for free!

[LeeFisher3]

When you go in make sure you have all of the required documentation and it would not hurt to have a photocopy bundle of the required documentation to present as evidence they can keep. Have 2-3 copies of the PDF and highlight the specifics for the K-1 Visa.

 

Go early and walk in as if this is a normal transaction expecting no problems. Place your application and wait for them to make an objection, if one is raised you then present them a copy of their document explaining this should clear up the misunderstanding as you know that it is difficult for them to keep up with USCIS requirements.

 

If you receive a denial ask them to "spell" their name for you and write it down in a notebook along with the time and date. This is critical. Then request to speak with a supervisor. If they refuse to get a supervisior request the specific reason for this denial and write this down as well. Explain to them that their reason does not appear to overrule the written documentation provided by the state and ask again. If they continue to deny you access request this denial in writing and do not leave without it or seeing the supervisor.

 

Remain cool, calm and collected, the object is to out last their denials. Do not get loud or angry, just stay firm and courteous. Loud and angry only give them an excuse to have you escorted out of the building and you are the loser.

 

You want them to see you writing information in your notebook and if they talk too fast ask them to repeat their statement a bit more slowly. Always courteous and kind. This is probably one of the most terrifying things a government employee can have happen to them. You want to be the nicest most reasonable person in the world and only asking questions that would be considered proper, no sarcasim or rude coments. Enjoy it.

 

Before you go, explain to your SO that this is like a game and then have fun with it, when the person leaves the window to get someone just start chatting about anything, just do not stand there doing nothing. Take a bottle of water and perhaps a light snack, nothing big. You want them to have the impression you can stand at that window ALL DAY LONG.

 

The whole process is a stragey I have used in various situations and it absolutely drives them nuts because you are not discouraged by them. I have had 2 outcomes from this type of behavior, the first is they do their job or second they totally lose it.

 

If the second occurs you have THE RIGHT to insist on seeing their immediate supervisor NOW as you wish to file a complaint concerning their behavior, "How dare an employee of the state be this rude and discourteous to you and your bride." at this point you can be a bit indignent, but not loud or rude. This person is no longer allowed to discuss the matter with you, you will only speak to their supervisior from this point on.

 

If the outcome is the second option be ready for the supervisor and the issue is no longer them doing their job, but the rudeness of the individual when you were only asking them to do their job as the state has placed in writing. Then ask the supervisor to personally process your application.

 

This whole process can come to a head in 5-10 minutes easily as long as you take the high road. Smile alot and pretend you are teaching a 3 year old.

 

IBM went so far as to give me a new laptop using this stragegy and a written appology. B)

[LeeFisher3]

You are a very devious fellow - you'd make a good attorney. Right On!!

144984[/snapback]

About being an attorney, no thanks, they are required to play by the rules.

[Robert S.]

Not that I disagree with what Lee said but you could first try just going to a different office because it does not have to be your most local DMV office to get license and ID related cards.

 

When we had difficulty here in Alabama I actually reached and talked with the state's attorney in charge of all license stuff who worked at the headquarters of the DMV in Montgomery. Perhaps PA would be too heavily populated for this to be possible.

[cosmiclobster]

I agree with Lee 100%

Remain calm and write down names. Ask to speak to the supervisor and/or their supervisor. Ask them why there is contradictory information between what you are being told and what is posted on their website.

 

As Robert suggests, it might help to try another DMV is there is one close to you. Some supervisors get their position through attrition, not through ability!!!

 

I would also get your congressperson involved immediately! Call them and tell them the names of the people you talked to and that you are being denied an ID card that is required by law for the rest of the process that you are in!!

 

Good luck!!!

[cosmiclobster]

Forget the congressman, this is a state issue. You'll have a lot more luck writing to your governor. Trust me on this.

145099[/snapback]

oops, once again I stand corrected by the great and powerful Don!

Maybe put in a call to the commissioner of the DMV in Harrisburg, the capitol of PA?

[dailyview]

That was great. I was laughing out loud. I will use that information for any altercations in the future.

[msmckee]

Not that I disagree with what Lee said but you could first try just going to a different office because it does not have to be your most local DMV office to get license and ID related cards. 

 

When we had difficulty here in Alabama I actually reached and talked with the state's attorney in charge of all license stuff who worked at the headquarters of the DMV in Montgomery.  Perhaps PA would be too heavily populated for this to be possible.

145039[/snapback]

I'm not sure a different office will work in Alabama now Robert. Processing for foriegn national/immigrants is no longer possible anywhere in Huntsville. We now have to drive to Decatur. There are now just a few locations with specially trained people to tell you no.

 

I talked to the State atty also. He wasn't much help for us. He was real proud that Read ID Act had adpoted Alabama standards. Yue finally got her ID, in her maiden name.

[tywy_99]

I thought the commonwealth was tough! Apparently not so!

To get my wife's DL, it only took her passport and I-797C notice of AOS.

But an EAD card doesn't hurt!.....

[HanLi]

I thought the commonwealth was tough! Apparently not so!

To get my wife's DL, it only took her passport and I-797C notice of AOS.

But an EAD card doesn't hurt!.....

145271[/snapback]

Cody,

Virginia came under heavy criticism after the 9-11 attack, so they do the typical over-reaction act!!! But I think Don is right, if it is State issue, we should contact the Governor and provide the Federal Mandate as prescribed by law....

Edited August 10, 2005 by hankhoude (see edit history)