Driver License Question

[Auggie]

We went down to the DMV for Lancy to take her written drivers test and hopefully to get a learners permit, but when we got there I found out that because her I-94 was expired she wasn't elligible to take the test, no proof of her being here legally. I was told that she needs a valid I-94 or a I-551 form. Does anyone know what we can do or do we have to wait for the green card before she can drive? I'll try to figure out what the I-551 form is and see if I can possibly get one of those.

 

Thanks,

 

Auggie & Lancy

[whome?]

We went down to the DMV for Lancy to take her written drivers test and hopefully to get a learners permit, but when we got there I found out that because her I-94 was expired she wasn't elligible to take the test, no proof of her being here legally. I was told that she needs a valid I-94 or a I-551 form. Does anyone know what we can do or do we have to wait for the green card before she can drive? I'll try to figure out what the I-551 form is and see if I can possibly get one of those.

 

Thanks,

 

Auggie & Lancy

DL issuance is state specific....

[Randy W]

We went down to the DMV for Lancy to take her written drivers test and hopefully to get a learners permit, but when we got there I found out that because her I-94 was expired she wasn't elligible to take the test, no proof of her being here legally. I was told that she needs a valid I-94 or a I-551 form. Does anyone know what we can do or do we have to wait for the green card before she can drive? I'll try to figure out what the I-551 form is and see if I can possibly get one of those.

 

Thanks,

 

Auggie & Lancy

DL issuance is state specific....

 

 

For most states, you need a EAD - but like whome points out, check your state's regulations. I think California requires a green card, most others will issue one with the EAD. The I-551 is the green card.

[dnoblett]

Yep most states require evidence of being lawfully present in the USA, (Valid I-94, I-551=Green-Card, or EAD Card)

 

Some states also set permit to expire when lawful presence evidence expires, I have heard of DL and permits set to expire when I-94 or EAD expires.

 

In our case we did not even bother trying to get a learner's permit until my wife had her green-card.

[Guest jin979]

We were told this is new federal rule that started this year, both state ID and license will expire when visa does.you can get new one once have proof of applying for GC, nao-1. for K-1

Edited November 5, 2009 by jin979 (see edit history)

[Bert]

We didn't apply, but I looked up the information for SC. It only requires proof that you have filed for an adjustment of status. I would research and have a printout of the information, if you find that it is different from what you have been told. Also, we have to go to a specific department of transportation to apply, not just any will work.

[Guest Pommey]

requires proof that you have filed for an adjustment of status.

 

AS Jin said

[dnoblett]

requires proof that you have filed for an adjustment of status.

 

AS Jin said

Driver's licenses are a very common topic, the problem is Driving Privleges are granted by the states, not the federal government, so the rules vary by the 50 different states.

 

Most states will not accept I-485 NOA-1 letter as lawful presence.

 

In NY State the NOA-1 is a NO-GO, even a valid I-94 wont fly unless it is valid for 1 year or longer as in the case of a K-3.

[Eric]

requires proof that you have filed for an adjustment of status.

 

AS Jin said

Driver's licenses are a very common topic, the problem is Driving Privleges are granted by the states, not the federal government, so the rules vary by the 50 different states.

 

Most states will not accept I-485 NOA-1 letter as lawful presence.

 

In NY State the NOA-1 is a NO-GO, even a valid I-94 wont fly unless it is valid for 1 year or longer as in the case of a K-3.

 

The same applies here in Alabama as well - the I-485 NOA1 letter does not cut it. You either need a I-94 that is valid for at least 6 months, an EAD or a GC.

[Jeff n Jianli]

We had the same issue. We just waited for the green card.

[bla]

When I took the test for my permit, I don't remember the DMV even asked for my passport. I just showed them my state ID. Maybe states have different rules .

[Randy W]

When I took the test for my permit, I don't remember the DMV even asked for my passport. I just showed them my state ID. Maybe states have different rules .

 

 

No - the state ID means that you have satisfied their ID requirements.

 

Jiaying got her state ID shortly after she arrived, and the applied for her DL when she was ready. She got the DL and her EAD on the same day.

 

So, if you can, get that state ID early on.

[Auggie]

Thanks everyone for your comments. Looking at the Montana DMV regulations we have to have either a unexpired I-94 or a I-551. I will try to see if The EAD will be sufficient, but it looks like we'll have to wait until Lancy gets her AOS. Gives us a little more time to practice driving.

 

I have another question. We were talking to a phillipino lady and her husband and they said that many employers will let you work if you have your SSN, while waiting for your AOS. I told her that I interpit the law as stating that if you are working without a green card you are working illegally. Am I correct or did I miss something?

 

Auggie & Lancy

[Randy W]

Thanks everyone for your comments. Looking at the Montana DMV regulations we have to have either a unexpired I-94 or a I-551. I will try to see if The EAD will be sufficient, but it looks like we'll have to wait until Lancy gets her AOS. Gives us a little more time to practice driving.

 

I have another question. We were talking to a phillipino lady and her husband and they said that many employers will let you work if you have your SSN, while waiting for your AOS. I told her that I interpit the law as stating that if you are working without a green card you are working illegally. Am I correct or did I miss something?

 

Auggie & Lancy

 

 

Yes and no - as long as her EAD card is on the way, she has 90 days to produce it, if the company is audited.

 

If she does this, however, make SURE that she will NOT be working for a company that hires illegal aliens.

 

She IS legally in the country (and eligible for EAD), and at least here in Houston, that's a big advantage over the illegals. Some employers will accept that, others will not