About getting the driving license

[RogerJune]

Does anybody who are Texas residents have the same problem as me? I entered the US on 8th July of this year, and got my I-94 valid for 90 days till 6th October, which is today. I went over to the DPS of Texas in August and was told that my primary ID is not acceptable since my I-94 is only valid for 3 months, and they said the law of Texas about driving license was changed early this year. I was pissed off at first of course because I am an legal alien as I wait for my AOS.

I called the DPS again today to enquire about what documents that I have to have to get the driving license, and was told to use the green card as the primary ID and Passport as the secondary. But the waiting process for green card could take about half a year. The problem here is my I-94 which is supposed to be my visa validation expires today, and in between now until I get my green card the US government still accepts that I am lawfully present in the US, but wouldn't give me any kind of documentation for proof, and that is what I need to show to the DPS to get my driving license.

It's just a night mare to not be able to drive living in Texas, cuz the public transport sucks. So can anybody help on my confusion? Even in other states, you don't have the problems in getting the driver's license, but still have the same problem of having the proof of legal status on the visa. Anyway, I am just totally confused about this issue now.

[Don]

Does anybody who are Texas residents have the same problem as me? I entered the US on 8th July of this year, and got my I-94 valid for 90 days till 6th October, which is today. I went over to the DPS of Texas in August and was told that my primary ID is not acceptable since my I-94 is only valid for 3 months, and they said the law of Texas about driving license was changed early this year. I was pissed off at first of course because I am an legal alien as I wait for my AOS.

I called the DPS again today to enquire about what documents that I have to have to get the driving license, and was told to use the green card as the primary ID and Passport as the secondary. But the waiting process for green card could take about half a year. The problem here is my I-94 which is supposed to be my visa validation expires today, and in between now until I get my green card the US government still accepts that I am lawfully present in the US, but wouldn't give me any kind of documentation for proof, and that is what I need to show to the DPS to get my driving license.

It's just a night mare to not be able to drive living in Texas, cuz the public transport sucks. So can anybody help on my confusion? Even in other states, you don't have the problems in getting the driver's license, but still have the same problem of having the proof of legal status on the visa. Anyway, I am just totally confused about this issue now.

 

 

 

When you filed the AOS did you also file for a EAD? Many states will take a EAD card as proof of legal residency. It comes much faster than the green card. I know in CA that you take the EAD, and your passport & SSN to the DMV (plus marriage licence if you changed names) to get the permit or the State ID card.

Edited October 6, 2008 by Don (see edit history)

[Randy W]

Yes, the EAD is god for a TDL. It's probably too late for this, but if you could have gotten a Texas state ID, that would be good also.

 

Jiaying was able to get her ID first, then end up getting the EAD and the TDL in the mail on the same day. But, like you said, I think either the law changed, or we jusyt somehow snuck through. Others have had the same trouble.

 

Having an EAD seems to be the norm these days for a driver's license, and also for the state ID.

Edited October 6, 2008 by Randy W (see edit history)

[dnoblett]

From what I read TX requires evidence of legal presence that is valid longer than 365 days, (EAD or Green-card)

 

I did read one post on VJ where a person was denied because EAD was valid for 364 days.

 

http://www.visajourney.com/forums/index.php?showtopic=144044

 

TX requirements: http://www.txdps.state.tx.us/administratio...equirements.htm

 

K-1 I-94 wont cut it with TX because it is only valid for 90 days, K-3 I-94 on the other hand will work because it typically is valid for 2 years.

[Randy W]

From what I read TX requires evidence of legal presence that is valid longer than 365 days, (EAD or Green-card)

 

I did read one post on VJ where a person was denied because EAD was valid for 364 days.

 

http://www.visajourney.com/forums/index.php?showtopic=144044

 

TX requirements: http://www.txdps.state.tx.us/administratio...equirements.htm

 

K-1 I-94 wont cut it with TX because it is only valid for 90 days, K-3 I-94 on the other hand will work because it typically is valid for 2 years.

 

 

6/12/08 to 6/11/09 is EXACTLY 365 days - they need to go to an office that can count better, or at least has a calendar.

 

When they treat you like this, you need to call a supervisor or go to a different office (you are NOT required to go to a specific DPS office).

 

. . no, I'm not including Feb 29. Valid dates are 6/12/08 through 6/11/09, inclusive. The next card will be valid as of 6/12/09. There is no overlap, but there's no gap, either.

Edited October 6, 2008 by Randy W (see edit history)

[RogerJune]

When you filed the AOS did you also file for a EAD? Many states will take a EAD card as proof of legal residency. It comes much faster than the green card. I know in CA that you take the EAD, and your passport & SSN to the DMV (plus marriage licence if you changed names) to get the permit or the State ID card.

 

Yes I did file for the EAD together with the AOS and got the receipt for both of them. However, I called the DPS Texas today to find out whether the EAD is valid or not to get the driver's license, but was told that only green card is acceptable. I started to question whether that lady knows what she is talking about or not. Maybe she doesn't even know what EAD is?

[dnoblett]

When you filed the AOS did you also file for a EAD? Many states will take a EAD card as proof of legal residency. It comes much faster than the green card. I know in CA that you take the EAD, and your passport & SSN to the DMV (plus marriage licence if you changed names) to get the permit or the State ID card.

 

Yes I did file for the EAD together with the AOS and got the receipt for both of them. However, I called the DPS Texas today to find out whether the EAD is valid or not to get the driver's license, but was told that only green card is acceptable. I started to question whether that lady knows what she is talking about or not. Maybe she doesn't even know what EAD is?

Person on phone probably does not know what EAD card is:

Unexpired Dept. of Homeland Security (DHS) or US Bureau of Citizenship and Immigration Services document 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. The document must contain verifiable data and identifiable photo, specifically:

• US Citizen Identification Card (I-179 or I-197)
   
  
• Resident Alien Card (I-551) AKA Green-card
   
  
• Temporary Resident Identification Card (I-688)
   
  
• Employment Authorization Card (I-688A, I-688B or I-766)
  
  

http://www.txdps.state.tx.us/administratio...equirements.htm Edited October 7, 2008 by dnoblett (see edit history)

[Randy W]

Interestingly enough, Dan, this was on the front page of the Houston Chronicle this morning:

 

Texas now requiring proof of legal status before issuing a driver's license

 

In a clampdown on illegal immigrants, the Texas Department of Public Safety has adopted a new policy requiring noncitizens to prove they are in this country legally before they can obtain or renew a driver's license.

 

Gov. Rick Perry applauded the change, which went into effect Oct. 1, as a way to strengthen the state's security.

 

The immigrant driver's licenses will look different than regular licenses so that they are immediately recognizable to police, Perry said.

 

The immigrant licenses will have a "temporary visitor" designation and the date the driver's legal U.S. admission expires.

 

No driver's license will be issued for anyone whose legal entry into the country expires in less than six months.

 

People with indefinite admission periods will get one-year licenses that will have to be renewed in person with proof that the applicant's lawful status has been extended.

 

Looks like this applies to everyone who is not a citizen - NOT to illegal aliens.

 

Reading back over that article, I think the real change is in the immigrant license, and that the policy about immigration status had been in effect for some time now (the reporter was simply unaware of it).

 

It did mention an interesting loophole - if you don't have a social security card, you can simply sign an affidavit that you had been denied one.

Edited October 9, 2008 by Randy W (see edit history)

[bla]

Does anybody who are Texas residents have the same problem as me? I entered the US on 8th July of this year, and got my I-94 valid for 90 days till 6th October, which is today. I went over to the DPS of Texas in August and was told that my primary ID is not acceptable since my I-94 is only valid for 3 months, and they said the law of Texas about driving license was changed early this year. I was pissed off at first of course because I am an legal alien as I wait for my AOS.

I called the DPS again today to enquire about what documents that I have to have to get the driving license, and was told to use the green card as the primary ID and Passport as the secondary. But the waiting process for green card could take about half a year. The problem here is my I-94 which is supposed to be my visa validation expires today, and in between now until I get my green card the US government still accepts that I am lawfully present in the US, but wouldn't give me any kind of documentation for proof, and that is what I need to show to the DPS to get my driving license.

It's just a night mare to not be able to drive living in Texas, cuz the public transport sucks. So can anybody help on my confusion? Even in other states, you don't have the problems in getting the driver's license, but still have the same problem of having the proof of legal status on the visa. Anyway, I am just totally confused about this issue now.

I got my drivers license only by using my state ID and marriage certification because i had my name changed. I got my permit first and then i waited for about a month before i went back to DMV for my drivers license. BTW, i am in Chicago. Maybe the rules are different in Texas.

[Randy W]

 

I got my drivers license only by using my state ID and marriage certification because i had my name changed. I got my permit first and then i waited for about a month before i went back to DMV for my drivers license. BTW, i am in Chicago. Maybe the rules are different in Texas.

 

 

No, it's the same in Texas - any state ID will allow you to get a driver's license. But the requirements for the Texas ID are pretty much the same as for the driver's license.

[Missingyou]

I am in Seattle. My hubby just came in to US couple weeks ago. We are having problem getting driving permit or state ID as well. The DMV wants to see my hubby's prove of WA residency.

[Toplaw]

Here are the new rules in Texas, effective October 1. Even under the old rules you had to have the EAD card to obtain a driver's license or an ID card.

 

If you cut and paste the url below it will take you to the dps website and you can link to further details that apply to your situation.

 

 

www.txdps.state.tx.us/administration/driver_licensing_control/LawfulStatusDLID.htm

 

 

Rule 37 T.A.C. 15.171 Issuance of Driver Licenses and Identification Certificates to Non-citizens

October 1, 2008.

 

A Citizen of the United States:

 

* If U.S. citizen, no documentation is needed.

 

A New US Citizen:

 

* The applicant must present:

o Birth certificate issued by the appropriate U.S. state (or District of Columbia) Bureau of Vital Statistics or equivalent agency;

o Certificate of U.S. Citizenship;

o Certificate of U.S. Naturalization;

o U.S. Citizen Identification Card; or

o Identification Card for Resident Citizen of the United States.

 

A Lawful Permanent Resident of the United States:

 

* If the applicant is a lawful permanent resident of the U.S., the applicant must present:

o Valid U.S. Dept. of State ¡°Immigrant Visa¡±; or

o Valid U.S. Resident Alien Card (Form I-551)

 

All others who are NOT a citizen or a lawful permanent resident of the United States:

 

* Must present valid documentation issued by the U.S. Dept. of Justice, U.S. Dept. of State, U.S. Dept. of Homeland Security, U.S. Immigration and Naturalization Service, or U.S. Bureau of Citizenship and Immigration Services, that shows LAWFUL TEMPORARY ADMISSION to the U.S.

* If unable to present lawful status documentation, NO DL or ID card will be issued.

* If documentation indicates a lawful temporary admission period of MORE than six months the Temporary Visitor designation and status date will be printed on the card.

* If the lawful admission period in the U.S. expires in LESS than six months from the date of application, NO DL or ID card (original, renewal, or duplicate) will be issued.

* If documentation has an indefinite expiration date of lawful temporary admission (¡°D/S¡± or ¡°Duration of Status¡±), the Temporary Visitor status date printed on the card will be one (1) year from the date of application.

* Prior to expiration of the Temporary Visitor status date, the applicant must present in-person at a driver license office, valid documentation of a status change or extension of stay in the U.S. and obtain a duplicate (or renewal) with an updated Temporary Visitor status date.

o If the applicant does not provide the necessary documentation and update the Temporary Visitor status date on or before the status date expiration, the card will be cancelled and the person may not operate a motor vehicle until the cancellation has been lifted.

o If the expiration date of the card expires on or before the Temporary Visitor status date, documentation will be required to update the Temporary Visitor status date when the card is renewed.

 

NOTE: Border Crossing cards are NOT acceptable for establishing a lawful temporary admission for a license or identification certificate.

 

Follow this link to receive detailed information regarding the Department¡¯s Identification policy.

[Sebastian]

toplaw - cool - that also means the texas state id card won't be issued either. IF I'm reading this right, it does sound like a K-3 visa would getcha either a DL or an ID card. YUM!

Edited October 10, 2008 by Darnell (see edit history)