OK, so my husband hasn't gotten his EAD, which mean he hasn't been able to show legal presence, which means he has not been able to get a Virginia Driver's liscense. How long can one drive using an International Driver's Liscense? The DMV website for Virginia doesn't specify a limit. Could he be charged with driving without a license? That's a misdemeanor, and after Scotty's recent post, I'm feeling freaked out.

I would not advise him driving until you get info from VA DMV. I called tennessee DMV about my fiance and they advised he is not allowed to drive on his international drivers license. He can however apply for a certificate of driving rather than an Drivers Liensce ID. Not sure if VA has that or not. Best advise - CALL YOUR DMV. I would guess that he should not be driving on his International license.

Ask the Virginia DMV how long they allow a person to drive with their country's license accompanied by a valid international driver's license.

I read on a college website that it's good for one year - but you need to confirm that.

This definitely varies by state. Some states do not honor the "international driver's license" I know Illinois is one of them. Maybe give your local DMW a call just to confirm... but I think it is 6 months-1 yr.

Thanks, all. I know VA allows it per the DMV website, just not sure for how long. I sure wish we could get his EAD soon!

In Indiana it's all about your intention, if you are in the state temporarily you can drive on an international license, but if you are in the state setting up residency, you have to get your Indiana license within 60 days to be able to drive legally.

Cass (bebop the great)

I'd call them and ask, but even they might not know the answer. I don't qualify for a MA license because they require me to show certain immigration documents that I don't have, therefore I still drive with my Canadian license - seeing as it is unexpired and the MA DMV won't allow me to get one yet. I don't know if this considered "legal" or not, and no one at the DMV seemed to know the answer when I asked them that question.

Pretty sure a simple phone call will get that answered.




True in IL - but that just means you don't have to get an international license - it's not necessry.

Drivers moving to Illinois may use their valid driver's license from their home state or country for 90 days. You may obtain an Illinois driver's license or identification card only if you are becoming a legal resident of Illinois. If you have a valid driver's license from another state or country, you may use it to drive in Illinois throughout your stay (if you do not plan to become a permanent resident of this state).

What I would be concerned about would be him getting charged for driving without a license. But could that happen? I mean even if he was outside the time that our state specifies, that's not the same as not having a license....right?

This is for AL, not Virginia, but I just called to ask about getting James a drivers license (since apparently my car insurance won't insure him without him having a US license for a year, which is insane) and the lady was telling me that he can get his US license either with a valid I-94 or with a greencard, the EAD is no good. Which makes no sense, greencards can take years, so you're telling me that people in the USA waiting for a greencard may not be able to drive for years? Anyways, she gave me another number for an immigration guy to call back tommorow so I'll report and maybe I can help out someone else in AL. I hope you get your Virginia drivers license thing resolved, they make this all such a pain for us!

Really??? In VA you can definitely use the EAD, in case other VA residents are reading.

In Georgia one must have the EAD before being allowed to apply for a license, regarless of what documents you have and having a current license from your country.


Have you thought about what you'll say if you get stopped by the police? Here in GA (and yes, I know this varies by state) it would be considered driving without proper licensing. Hefty fine for that.

Yeah, that seemed weird to me and from their website it looks like she may have been wrong but I can't tell. I'm gonna call the guy she recommended tommorow and I'll report back Would be good if we could have some kind of sticky thread listing DL requirments for each state!

In California you can use it until you establish Residency, which is when you start paying taxes, attending school, or paying bills. Anything that establishes you as a resident of this state.

When I lived in VA, I was told by the DMV in Manassas that I could use me UK license (Didn't have an International License) for up to 6 months before I had to apply for a US one.

Hope that helps.
G.

I'm doubting that they would try to fine me. I was stopped in December and there was no issue with me using my Ontario license. I explained to the officer why I didn't have a MA one. It's an interesting legal question though. I'm thinking that I could probably challenge a fine issued for that reason, simply because MA is discriminating against me by a> considering me a resident and b> not issuing me a license due to immigration status.

I'm sure you could. It would be interesting, to be sure and I agree with it being discriminating...the DMV office we went to here seem to be staffed with people with a terminal case of stupid.

I got my MA DL in 2005 and I was told at the time that I would not be considered a resident of the State until I had a EAD and SSN... I was also told that I could drive on my UK license for up to 1 year or until I had my EAD and SSN... I got my lawyer to confirm this information with the State police... which they did and I drove on my UK DL from Feb 2005 until Aug 2005...

Kez

Actually, in Georgia, you do NOT need an EAD to receive a Georgia license. In addition to all the other requirements (SS # or letter of rejection from SSA, proof of residency, etc...) you only need to show an unexpired immigration document (a foreign passport with an unexpired I-94 is sufficient). Georgia DDS' website specifically says that they will accept any such document. For instance, if you have an I-94 from your last entry on AP, that is sufficient for satisfy the "unexpired immigration document" requirement.

In Georgia you are only required to obtain a Georgia driver's license when you establish residence in the state. How would the state establish that a person considered a nonresident alien for federal law purposes has nevetherless taken up residence for the purposes of state law? Most importantly, if the nonresident alien does not yet have the immigration or social security paperwork to entitle him/her to receive a Georgia driver's license, the way I (and this is just MY opinion, rely on it at your own peril) read the driver's license requirement, the alien will not be considered a state resident until he/she is able to obtain those papers. Hence, if you are not a Georgia resident, you do not have to obtain a Georgia license.

Again, this is anything but bulletproof but we have yet to have any problems with this reasoning (and my wife has been previously stopped with her Ontario license).

As an FYI, here is "Drivers From Other Nations" portion of the Georgia Department of Driver Services: http://www.dds.ga.gov/drivers/DLdata.aspx?...71440&ty=dl

Please note that "Georgia recognizes valid driver licenses issued to and held by residents of other countries as long as the "Out Of Country" license is valid. You do not need to apply unless you become a resident of Georgia." Once you do become a Georgia resident, you can just present a valid passport as a Tier 1 document. Tier 3 is pretty self explanatory. As for Tier 2, GA DDS says the following:

"Every applicant for an initial license must prove either he/she is a U.S. citizen or legally authorized by INS to be present in the U.S. If the identification document presented indicates that the individual is a U.S. Citizen (by birth or naturalization) then Tier 2 has been satisfied.

If the identification document presented indicates that the individual is a Non-U.S. citizen then a valid document from INS must be presented. DDS Examiners currently accept any INS document that indicates the individual is currently authorized to be present in the United States."

Then YOU go talk to these permanently stupid people. They were insistent that it was regulation. We showed them Joel's I-94 which was going to expire in two weeks. They said sure, drive if you want til the two weeks are up. Then you aren't allowed to drive without a GADL. NOTHING satisfied these bloody idiots. We showed them every piece of documentation we had and it did no good. All it did was aggravate the guy we talked to. Joel had his SSN, his I-94, his passport, proof of residency (mail addressed TO HIM at OUR ADDRESS). No, that wasn't good enough for Mr. Superior Attitude. This guy not only gave us a hard time, but he also gave the other two immigrants in line the same BS.

I'm not trying to dispute what you've said here. I'm just relaying the facts...as they happened to us.

I am sorry that it happened to you, but the DDS idiot was partially correct -- if Joel's I-94 was expiring in 2 weeks, my understanding is that the expiration date of the Georgia license would've matched the I-94 expiration date, which would have obviously been worthless. By virtue of obtaining a Georgia license, you obviously become a state resident. As such, once your Georgia license expires, you can no longer drive around via your foreign license while maintaining that you are no longer a state resident (well, I suppose you can make that argument, but it would be an extremely dangerous one, especially since state police would be able to see that his Georgia license has expired). So, if you held a GA license, which has expired, personally I would not be driving without a new one.

Now, if the alien never had a Georgia license, it is a lot easier (although still not bulletproof) to argue that he/she is not a state resident and, therefore, is simply not required to obtain a Georgia license. So, no arguments with the DDS. As a holder of an Ontario license, you can fairly easily obtain auto insurance in Georgia and your Ontario driving record counts towards the number of years you've been licensed.

We are also in Huntsville, Alabama, and talked to the immigration guy at the DMV here just a few weeks ago. He's a really nice guy, by the way, and was very helpful! What he told us was that as soon as either the EAD or the AOS is approved, we could get back to them. We wouldn't even need to have any of the documents in hand, he would just verify the status with the USCIS.
What insurance company do you have, that won't let you add a driver who hasn't had a US license for at least a year? :/ That sounds odd...

First time I find someone local to us on here by the way!

In Oklahoma, I was able to do exactly what you just described. I was told by the DMV people that since my Canadian DL was still valid, I would be allowed to drive using it until I received my green card. I was warned to not get pulled over for a traffic violation though!

Hey Sarahsmiles I did not mean to alarm you or anyone else but just to highlight the shambolic way in which the USCIS endeavors to apply justice in this so called free country.

Regards Scotty

Glad to find another local on here! I just called the immigration guy and he told me the same thing pretty much, just to bring in passport, EAD, NOA1 for AOS, and SSN and that we should be fine and that he just needs 160 days left on his EAD to get his drivers license. I knew that other lady had to be wrong!

My reading of the Colorado regulations was similar.

You have here to wait 90 days, if you are not working and as an EAD takes longer than that in my case both my K1 I-94 had expired by then so the next document they would take would be either I-94 generated by use of AP or EAD, which was nearly 6 months after I arrived.

But as a K1 I entered on a non immigrant visa technically so my view was that for DMV purposes as well as Immigartion purposes I could not be a resident. I did thoroughly read the regulations. It was not stated either way what the situation is.

No such thing as an International Drivers License, there is a permit but my license is in English so not needed. I still use my non US License when they ask for ID and I feel they are being pratts.

I did get stopped once, showed my non US License, blank look, handed it back and sent me on my way.

Denver Police Chief did state on the radio that they have no way of knowing when someone became resident.

If you are illegal, you do not need a License or Insurance in Denver, will be a report on the news tonight:

http://www.thedenverchannel.com/index.html

Currently top story number 4, I think they stream it after it has been shown tonight.

Now if you are doing it right, there is the possible Insurance issue as well.

Someone ran into the back of me in South Carolina (where I live) and the policeman arrived and asked for my license - not only was it my license from England, but it was in my maiden name and didn't match up to any of my insurance documents.

He didn't seem too bothered, and I think the fact that I was on my way from the DMV when it happened probably helped. I told him the DMV would not let me take my license until I was employment authorized and he was fine with it.

I am going to take my license next Wednesday and feel a little nervous about it because it's been so long since I've had to remember all the technical details. But hopefully I'll get it :-)

The Texas DMV advised me I could drive with my UK license for 1 year after arriving in the USA. I saved her email as evidence, incase there was ever an issue. The car insurance company where happy to put my UK license number on the docs.

When I applied for my Texas license, they used my EAD as ID. The expiration on my license in 2013, which has nothing to do with the 2007 date on my EAD. I don't have my greencard yet, so that couldn't come into play.

James.