Help With Driver's License

[SirLancelot]

I'm in CA and the CA DMV does accept I-797 as secondary evidence of legal presence but I'm not sure exactly which I-797 they're referring to. Notice of receipt or Notice of Action?

 

Thanks!

SL

Hi Lance

 

The "I-797" as shown on several of the state's DMV websites is the "I-797C" notice of receipt of the I-485 application for adjustment of status. This notice stands as proof of "legal presence."

With this receipt notice and the other 3 documents I listed should be enough proof for any DMV office.

Print what information you think can help you in explaining your situation to the DMV rep should you need to. Some of the DMV reps don't have a clue, as was in our case. You can't really blame them if they don't know but don't let them push you around either. Show them what "their employer" says.

 

Ok, Thanks TY99. That makes it very easy then. Originally I feared one had to wait until the approval of the green card. Now it's more like 10 days after one sends off the AoS petition. That's a piece of cake then.

[Randy W]

I'm in CA and the CA DMV does accept I-797 as secondary evidence of legal presence but I'm not sure exactly which I-797 they're referring to. Notice of receipt or Notice of Action?

 

Thanks!

SL

Hi Lance

 

The "I-797" as shown on several of the state's DMV websites is the "I-797C" notice of receipt of the I-485 application for adjustment of status. This notice stands as proof of "legal presence."

With this receipt notice and the other 3 documents I listed should be enough proof for any DMV office.

Print what information you think can help you in explaining your situation to the DMV rep should you need to. Some of the DMV reps don't have a clue, as was in our case. You can't really blame them if they don't know but don't let them push you around either. Show them what "their employer" says.

 

Ok, Thanks TY99. That makes it very easy then. Originally I feared one had to wait until the approval of the green card. Now it's more like 10 days after one sends off the AoS petition. That's a piece of cake then.

 

 

Each state has different requirements - Texas is different, California is also. I believe it's been reported that the green card is needed in California.

[tywy_99]

I'm in CA and the CA DMV does accept I-797 as secondary evidence of legal presence but I'm not sure exactly which I-797 they're referring to. Notice of receipt or Notice of Action?

 

Thanks!

SL

Hi Lance

 

The "I-797" as shown on several of the state's DMV websites is the "I-797C" notice of receipt of the I-485 application for adjustment of status. This notice stands as proof of "legal presence."

With this receipt notice and the other 3 documents I listed should be enough proof for any DMV office.

Print what information you think can help you in explaining your situation to the DMV rep should you need to. Some of the DMV reps don't have a clue, as was in our case. You can't really blame them if they don't know but don't let them push you around either. Show them what "their employer" says.

 

Ok, Thanks TY99. That makes it very easy then. Originally I feared one had to wait until the approval of the green card. Now it's more like 10 days after one sends off the AoS petition. That's a piece of cake then.

 

 

Each state has different requirements - Texas is different, California is also. I believe it's been reported that the green card is needed in California.

That may be so but it doesn't hurt to try. You will never know for sure unless you try.

I have never heard anyone report any success at using the I-797C receipt notice except me. It is listed in VA DMV. It is also listed in CA DMV.

The case that must be made is that the notice is in fact official proof of legal presence. That is one of the four criterias that must be met.

It also depends on the individual one deals with at the time whether they know about immigration issues or not. It could also depend on whether they are having a good day or not, too!

It worked in VA, a conservative blue state. I can't imagine it not working in a liberal state such as CA, where immigration issues abound!

[brad]

I will try the I-797 approach however, during mny first attempt at the DMV, the agent indicating that a year in country is required. Look at the following regulation, item "F".

 

All original applicants for a driver license or identification certificate must present proof of identity satisfactory to the department. All documents must be verifiable. There are three categories of documents that may be presented to establish proof of identity.

 

(1) Primary identification. These items are complete within themselves and require no supporting instruments: These documents must contain the applicant's complete name and full date of birth:

(A) Texas driver license (DL) or identification certificate (ID) with photo within two years of expiration date;

( unexpired United States passport;

United States citizenship (naturalization) certificate with identifiable photo;

(D) unexpired United States Bureau of Citizenship and Immigration Services document with verified data and identifiable photo; or,

(E) unexpired United States military ID card for active duty, reserve or retired personnel with identifiable photo.

(F) foreign passport with a visa issued by the United States Department of State (valid or expired) with unexpired I-94 marked valid for a fixed duration. The Form I-94 must have been issued for a period of at least one year and must be valid for no less than six (6) months from the date presented to the department with a completed application.

(G) foreign passport with a visa issued by the United States Department of State (valid or expired) with an I-94 marked valid for the duration of stay accompanied by appropriate documentation.

Edited May 26, 2007 by brad (see edit history)

[Randy W]

I will try the I-797 approach however, during mny first attempt at the DMV, the agent indicating that a year in country is required. Look at the following regulation, item "F".

 

All original applicants for a driver license or identification certificate must present proof of identity satisfactory to the department. All documents must be verifiable. There are three categories of documents that may be presented to establish proof of identity.

 

(1) Primary identification. These items are complete within themselves and require no supporting instruments: These documents must contain the applicant's complete name and full date of birth:

(A) Texas driver license (DL) or identification certificate (ID) with photo within two years of expiration date;

(B ) unexpired United States passport;

United States citizenship (naturalization) certificate with identifiable photo;

(D) unexpired United States Bureau of Citizenship and Immigration Services document with verified data and identifiable photo; or,

(E) unexpired United States military ID card for active duty, reserve or retired personnel with identifiable photo.

(F) foreign passport with a visa issued by the United States Department of State (valid or expired) with unexpired I-94 marked valid for a fixed duration. The Form I-94 must have been issued for a period of at least one year and must be valid for no less than six (6) months from the date presented to the department with a completed application.

(G) foreign passport with a visa issued by the United States Department of State (valid or expired) with an I-94 marked valid for the duration of stay accompanied by appropriate documentation.

 

 

Use Category 3 - Secondary Identification.

 

The I797 can be used - it has the address on it.

 

2) identification documents. Every original applicant must present:

( a ) One piece of Primary Identification; or

( b ) One piece of Secondary Identification plus two or more pieces

of Supporting Identification; or

( c) Two or more pieces of Secondary Identification.

 

Primary Identification includes the following:

 

. . . . . ..

 

 

Secondary Identification includes:

 

. . . . . . .

 

 

Supporting Identification may include but is not limited to:

1) school records;

2) insurance policy (at least two years old);

3) vehicle title:

4) military records;

5) unexpired military dependent identification card;

6) original or certified copy of marriage license or divorce

decree;

7) voter registration card;

8) Social Security card;

9) pilot¡¯s license;

10) concealed handgun license;

11) Texas driver license temporary receipt;

12) Expired driver license or identification card issued by

another state, territory, District of Columbia, or Canadian

province that is within two years of the expiration date;

13) A foreign passport (with or without a United States Visa);

or

14) A consular document issued by a state or national government.

Edited May 26, 2007 by Randy W (see edit history)

[SirLancelot]

I'm in CA and the CA DMV does accept I-797 as secondary evidence of legal presence but I'm not sure exactly which I-797 they're referring to. Notice of receipt or Notice of Action?

 

Thanks!

SL

Hi Lance

 

The "I-797" as shown on several of the state's DMV websites is the "I-797C" notice of receipt of the I-485 application for adjustment of status. This notice stands as proof of "legal presence."

With this receipt notice and the other 3 documents I listed should be enough proof for any DMV office.

Print what information you think can help you in explaining your situation to the DMV rep should you need to. Some of the DMV reps don't have a clue, as was in our case. You can't really blame them if they don't know but don't let them push you around either. Show them what "their employer" says.

 

Ok, Thanks TY99. That makes it very easy then. Originally I feared one had to wait until the approval of the green card. Now it's more like 10 days after one sends off the AoS petition. That's a piece of cake then.

 

 

Each state has different requirements - Texas is different, California is also. I believe it's been reported that the green card is needed in California.

That may be so but it doesn't hurt to try. You will never know for sure unless you try.

I have never heard anyone report any success at using the I-797C receipt notice except me. It is listed in VA DMV. It is also listed in CA DMV.

The case that must be made is that the notice is in fact official proof of legal presence. That is one of the four criterias that must be met.

It also depends on the individual one deals with at the time whether they know about immigration issues or not. It could also depend on whether they are having a good day or not, too!

It worked in VA, a conservative blue state. I can't imagine it not working in a liberal state such as CA, where immigration issues abound!

 

I went back to CA's DMV website and it does specifically state:

 

Valid I-94 with attached photo stamped "Processed for I-551 temporary evidence of lawful admission for permanent residence"

Notice of Action (I-797 Approved Petition)

"Processed for I-551" stamped in a valid foreign passport

 

So I think Randy is right, it won't be until after the AoS petition is approved before we can apply for the license again. This sucks!

 

My wife's current State ID expires June 6th--the same day her I-94 expires.

[tywy_99]

I'm in CA and the CA DMV does accept I-797 as secondary evidence of legal presence but I'm not sure exactly which I-797 they're referring to. Notice of receipt or Notice of Action?

 

Thanks!

SL

Hi Lance

 

The "I-797" as shown on several of the state's DMV websites is the "I-797C" notice of receipt of the I-485 application for adjustment of status. This notice stands as proof of "legal presence."

With this receipt notice and the other 3 documents I listed should be enough proof for any DMV office.

Print what information you think can help you in explaining your situation to the DMV rep should you need to. Some of the DMV reps don't have a clue, as was in our case. You can't really blame them if they don't know but don't let them push you around either. Show them what "their employer" says.

 

Ok, Thanks TY99. That makes it very easy then. Originally I feared one had to wait until the approval of the green card. Now it's more like 10 days after one sends off the AoS petition. That's a piece of cake then.

 

 

Each state has different requirements - Texas is different, California is also. I believe it's been reported that the green card is needed in California.

That may be so but it doesn't hurt to try. You will never know for sure unless you try.

I have never heard anyone report any success at using the I-797C receipt notice except me. It is listed in VA DMV. It is also listed in CA DMV.

The case that must be made is that the notice is in fact official proof of legal presence. That is one of the four criterias that must be met.

It also depends on the individual one deals with at the time whether they know about immigration issues or not. It could also depend on whether they are having a good day or not, too!

It worked in VA, a conservative blue state. I can't imagine it not working in a liberal state such as CA, where immigration issues abound!

 

I went back to CA's DMV website and it does specifically state:

 

Valid I-94 with attached photo stamped "Processed for I-551 temporary evidence of lawful admission for permanent residence"

Notice of Action (I-797 Approved Petition)

"Processed for I-551" stamped in a valid foreign passport

 

So I think Randy is right, it won't be until after the AoS petition is approved before we can apply for the license again. This sucks!

 

My wife's current State ID expires June 6th--the same day her I-94 expires.

Go back to the DMV office and give it a try. Show them the I-797C and let them know that this is a secondary document as shown on their website. It is proof of legal presence. It's worth a try! And since the state already issued her a ID card once, they might issue it again.

Go down too the office and see what happens. I'll be interested in knowing! Good luck!.....

[jim_julian]

Lance ... I never did figure out a way to get Lao Po started on her CA DL until she had the GC. I've got an anxious 18 year old K2 who would love to find a way to start without waiting as her mom did ... so if you find a way please let us know.

[dnoblett]

Lance ... I never did figure out a way to get Lao Po started on her CA DL until she had the GC. I've got an anxious 18 year old K2 who would love to find a way to start without waiting as her mom did ... so if you find a way please let us know.

If K2 has or gets EAD then should be able to use that to apply for the driver's license.

 

They will accept the EAD as proof of residence.

 

Here is what California is looking for:

 

CA DMV

Only the original or a certified copy of one of the following documents is acceptable:

• US Birth Certificate
  
• US Certificate or Report of Birth Abroad
  
• Federal Proof of Indian Blood Degree
  
• INS American Indian Card
  
• Birth Certificate or passport issued from a US Territory
  
• US Passport
  
• US Military Identification Cards (Active or reserve duty, dependent, retired member, discharged from service, medical/religious personnel)
  
• Common Access Card (only if designated as Active military or Active Reserve or Active Selected Reserve)
  
• Certificate of Naturalization or Citizenship
  
• Northern Mariana Card
  
• INS US Citizen ID Card
  
• Permanent Resident Card
  
• Temporary Resident Identification Card
  
• Canadian Passport/Birth Certificate
  
• Non-resident Alien Canadian Border Crossing Card
  
• Valid foreign passport with a valid Record of Arrival/Departure (form I-94)
  
• Certification from California Department of Corrections or California Youth Authority
  
• Employment Authorization Card
  
• Permanent Resident Re-entry Permit
  
• Refugee travel document
  
• "Processed for I-551" stamped in a valid foreign passport
  
• Valid I-94 stamped "Refugee," "Parole or Parolee," "Asylee," or Section 207, Section 208, Section 209, Section 212d(2), HP or PIP
  
• Immigration judge's order granting asylum
  
• Certified court order or judgment issued from a court of competent jurisdiction.
  
• Valid I-94 with attached photo stamped "Processed for I-551 temporary evidence of lawful admission for permanent residence"
  
• Notice of Action (I-797 Approved Petition)
  
• Mexican Border Crossing Card with valid I-94
  

I know in the state of NY they wont move for anything other than EAD, or Green-card, or proof of citizenship.

[jim_julian]

Thanks Dan ... our K2's "job" is school ... no EAD.

 

Of interest, if you do apply using EAD then your license expires when your EAD expires.

[dnoblett]

Thanks Dan ... our K2's "job" is school ... no EAD.

 

Of interest, if you do apply using EAD then your license expires when your EAD expires.

Yep have heard of some getting a "90 day" license using the I-94 from the K-1 visa. Silly!

[tywy_99]

My wife got her license using the EAD but it expired when the EAD expired. I then was able to get her license renewed for a year using the I-797C. Is the Commonwealth of Virginia the only state in the union that does this?

[SirLancelot]

Thanks Dan ... our K2's "job" is school ... no EAD.

 

Of interest, if you do apply using EAD then your license expires when your EAD expires.

Yep have heard of some getting a "90 day" license using the I-94 from the K-1 visa. Silly!

 

That's us. My wife's state ID expires in a few days. Was actually less than 90 days. It expires when her I-94 expires. Silly indeed but it's useful to get an ID for her so she doesn't have to carry her passport with her all the time.

[tywy_99]

Thanks Dan ... our K2's "job" is school ... no EAD.

 

Of interest, if you do apply using EAD then your license expires when your EAD expires.

Yep have heard of some getting a "90 day" license using the I-94 from the K-1 visa. Silly!

 

That's us. My wife's state ID expires in a few days. Was actually less than 90 days. It expires when her I-94 expires. Silly indeed but it's useful to get an ID for her so she doesn't have to carry her passport with her all the time.

I'm tell'n ya. The I-797C AOS notice of receipt is your ticket out!

 

The CA DMV says, Notice of Action (I-797 Approved Petition)

Let's disect this discription. "Notice of Action" is correct except the notice is a I-797C and not a I-797. Furthermore, it has not been "Approved" and it is not a "Petition". The I-485 is an application and the I-797C is a notice of receipt. If it was approved then you would have the greencard and all would be settled. But more importantly, the I-797C notice of receipt serves as an acknowledgement of lawful presence.

There's alot that can be construed and argued from that one statement put forth by the state as to what is considered as a document needed for licensure.

 

I say, "go for it, man!" I feel strongly about this! Prove me right or prove me wrong. I'm dying to hear!

[SirLancelot]

I'm tell'n ya. The I-797C AOS notice of receipt is your ticket out!

 

The CA DMV says, Notice of Action (I-797 Approved Petition)

Let's disect this discription. "Notice of Action" is correct except the notice is a I-797C and not a I-797. Furthermore, it has not been "Approved" and it is not a "Petition". The I-485 is an application and the I-797C is a notice of receipt. If it was approved then you would have the greencard and all would be settled. But more importantly, the I-797C notice of receipt serves as an acknowledgement of lawful presence.

There's alot that can be construed and argued from that one statement put forth by the state as to what is considered as a document needed for licensure.

 

I say, "go for it, man!" I feel strongly about this! Prove me right or prove me wrong. I'm dying to hear!

 

Hi TY99, I wish and hope you're correct, but I've specifically looked at the I-797C and the I-797. They are different notices. I'm not sure if you still have yours, but go take a look at the two. The I-797C specifically states in bold "Notice of Receipt" on top. And the I-797 says "Notice of Action". The CA requirements are clearly noted on the DMV website and it requires "I-797 (Notice of Action)". It says nothing about I-797C. And it was especially telling to me that they specifically and pathetically noted that it was the "Notice of Action" they want to see, not the "Notice of Receipt".

 

And it makes complete sense. If they allowed anyone with a I-797C to apply for the normal duration license/ID, then it would defeat the whole purpose of having their draconian requirements. What if the person doing the AoS is denied? Then in essence he or she should NOT be allowed a license or ID by CA state law. But there would be no way for the DMV to know. So it makes sense that CA requires an I-797 (Notice of Action) which declares that the petitioner was actually approved.

 

Now, having said all this, it's possible that we may meet an incompetent or not very experienced DMV staffer who may not know the difference between an I-797C verses an I-797 notice and it's possible that said person may accept the I-797C notice but that would be playing on their incompetence and not adhering to CA law.

 

So I think we'll wait until my wife actually receives the I-797.

 

Nevertheless, I do appreciate your zeal in helping push this part of the process through, TY99.