Validity of PRC Driver License in USA

[Randy W]

I've never heard anyone make the claim that mainland China was part of Taiwan before, but it should be interesting.

 

I understand you're interested in these legal fine points (and I appreciate that), but I'm not sure that anyone could use that to get insurance and actually drive with a PRC license.

[Guest Mike and Lily]

Also, Roger, look up the law regarding residents. Isn't it that you need a state license within 30 days?

 

 

Randy, it is 30 days for registering ones vehicle.

 

With respect to the DL, you have 10 days to obtain the license, having established residency. The exception is if you are going to drive for hire within the state after becoming a resident, then there is no grace period and you must be licensed immediately.

 

That aspect has been law for over 30 years in California.

 

 

. . . and doesn't that (resident) mean ALL of our spouses? Aren't they referring just to whether you LIVE here (and not just visiting), instead of your immigration status?

 

Sorry - just trying to pin this down

 

 

Yes, residency is residency, regardless of ones immigration status, legal or otherwise.

 

If my Lao Po wishes to drive in CA now, she will have to obtain a CDL immediately, as she has been a resident since POE time of June 6th. She is not a visitor.

 

However, they have tightened the rules here now and she must first have her SSN to apply for a CDL.

 

It's even more restrictive than that. They will only give her a license with an expiration date of the K-1 visa. Then she won't be able to get her driver's license activated again until she gets her EAD or green card.

[ChrisA]

Funny, topic, I had a similar experience after returning from Germany and working for Uncle Sam for 30 years, 27 of those years being oversea. Went to the DMV, with passport, US Gov. ID card, US Gov. POV license (POV = Private Operators Vehicle License) valid only for 30 days upon return to the US, waited in-line some 45 minutes before being called the window. Presented my documents to apply for an Arizona State License, the person handling my case after seeing my doc¡¯s, stated that I would have to take a written test and the practical test.

I calmly stated, ¡°Sir, I have been driving on the World¡¯s Fast Freeways for the last 20 years, and I¡¯m sitting here in front of you, I think I know how to drive¡±, in other words his answer was unacceptable. He stepped away to consult his Supervisor, who contacted the Regional Direct, who decided to issue my License without any tests.

[Toplaw]

I agree with your points about insurance and other practical issues, Randy, but as you say I am exploring the finer points of the issue. Here is an excerpt from Wikipedia on the Republic of China question. I haven't looked at the footnote sources for the posted information. I also haven't looked at the ROC constitution, but according to the Wikipedia post, it says that mainland China and Taiwan are part of the Republic of China. I also don't know what the 1992 consensus that is mentioned is all about, but it apparently supports the constitutional view of the situation the constitution.

 

"Although the jurisdiction of Republic of China only covers Taiwan and outlying islands since 1949, during the early Cold War the ROC was recognized by most Western nations and the United Nations as the sole legitimate government of China.

 

During the 1970s, the ROC began to lose these recognitions in favor of the People's Republic of China.

 

The Republic of China has not relinquished its claim as the legitimate government of all China.[6]

 

Both former Presidents Lee Teng-hui and Chen Shui-bian have held the view that it is a sovereign and independent country separate from mainland China and there is no need for a formal declaration of independence.[7]

 

However, President Ma Ying-jeou has expressed the view that the ROC is a sovereign and independent country that includes both Taiwan and mainland China, a view that corresponds with the ROC constitution and the 1992 Consensus.[8]"

[rogerinca]

Actually, the SSN is not required in California for an application for a driver license.

 

It appears that all my Lao Po will need is a copy of her US K-3 visa, with attached form I-94, accompanied by her PRC passport, which all serves to show her legal presence in the US.

 

See attached with all acceptable forms of verification of legal presence:

 

 

The California driver license and ID card have been declared as primary identification documents in this state by the California legislature.

 

Exception to the SSN requirement:

 

If you are legally present in the US, but ineligible for an SSN, you are exempt from SSN requirements. However, you must still provide an acceptable birth date/legal presence document for any DL/ID card application.

 

State law requires every applicant for an original California driver license to show verification of birth date and proof of legal presence within the United States to help safeguard the accuracy and integrity of departmental documents.

 

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

Edited October 26, 2008 by rogerinca (see edit history)

[Smitty]

However, they have tightened the rules here now and she must first have her SSN to apply for a CDL.

Just a quick question - Are you referring to a Commercial Drivers License or a California Drivers License?

[rogerinca]

However, they have tightened the rules here now and she must first have her SSN to apply for a CDL.

Just a quick question - Are you referring to a Commercial Drivers License or a California Drivers License?

 

See previous post #20, which amends that one comment.

 

Also, all of my references are directed at a standard automobile/light truck/not driving for hire, license.

[Urkidding]

My brother (in law) comes to this country every year and every time he comes he rents a car and buys insurance at the rental agency using his PRC driver¡¯s license.

 

Since his son is going to high school on the west coast most of his visits are in California. He drives up and down the coast site seeing and visiting our big cities there. On occasions he has visited us here in Houston, each time renting his own car.

 

I believe what he told me was that it was only good for 30 days.