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Driver's License and EAD

#1 Shabz

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Posted 31 January 2011 - 01:46 PM

We live in Texas and there is a law that you can't get a driver's license unless and until you have a 6 month or more valid visa. Well we filed the AOS on November 29th, 2010. We haven't heard anything other than our case being transfered to CSC (California Service Center). My question is how can he get a driver's license, since his I 94 is expired. Can we take our NOA to the DMV and get his test taken? I am not sure on what we can do. Anyone in Houston, or Texas any advice will be helpful.

Also is it necessary that you will get an interview if your case has been transfered? How do you if your case has been touched or not? My husband is still waiting on his EAD. Haven't heard anything from them. :-( Does anyone know how much longer his EAD will take? That is what we are worried most about. He wants to start working.

Any advice.

Please.

Thank you
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#2 Audy_Rob

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Posted 31 January 2011 - 03:46 PM

Hi Shabz,

We are in a very similar position as you. In California the DMV requires at least 90 days on her I-94 or they will not issue a Legal ID card nor allow her to take the Written driving exam.

I have posted one question about this. The woman at the California DMV said we need an I-797 with an I-94 stamped on it and an extension of the date before we could get an ID Card or let Audy take the driver's test.

I read some postings last night after searching this forum to tell you people have posted from Georgia that with the I-797C (NOA1) from the I-485 filing, they were then allowed to get the drivers license. I tried this in California and it did not work. California will accept the EAD card as lawful presence which is what they want to know before allowing her the benefits of the ID card or driver's license. But as we just filed for AOS I think the EAD card will be quite some time off.

Maybe you can check to see if Texas will accept the EAD or I-797C.

Good luck
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#3 2annie

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Posted 31 January 2011 - 05:02 PM

I am in Iowa very close to Illinois. . .I was required to go to a local SSI office and ask for a number. . which of course is denied. . .but then I asked for a letter stating the denial. . with my receipt from USCIC I got a driver temporary for 6 months no problem and it is renewable as often as I need to.. . it may be similar. . .I did a search to find the process. . . good luck
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#4 jken

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Posted 22 February 2011 - 02:22 PM

I am in Maine and was told to come back when I also had more then 90 days for my stay...so am waiting for that..Not a big deal...after everything else! I am curious though - how do they know if we had a clean driving record in Canada??
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#5 Brenda2010

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Posted 22 February 2011 - 04:47 PM

I am in Maine and was told to come back when I also had more then 90 days for my stay...so am waiting for that..Not a big deal...after everything else! I am curious though - how do they know if we had a clean driving record in Canada??



Think they leave your record up to the insurance company to ask for, at least that's what happened with me. Before I left Toronto I had my record pulled for the past 3 years (clean thankfully!). If/when you get insurance you get a discount if you provide them with your record btw.

Oh, and, believe if you did not pull your record beforehand you can go online and do so after the fact - at least in Ontario, through the Ministry of Transportation.
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#6 BirdyGirl85

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Posted 22 February 2011 - 10:11 PM

My husband and I live in Oregon, but from what I read online about the Oregon DMV, the following documents he can use to prove his legal residence is:

"- A valid foreign passport not expired (the passport cannot be hole-punched, have clipped corners or be marked "cancelled") and includes one of the following:

* Arrival/Departure Record (I-94, CBP I-94A)
* A page within the passport stamped Processed for I-551
* Notice of Action (I-797A), (Note: The I-797 is the receipt received showing that you have applied for a change or extension of your legal presence. DMV will only accept the I-797A approving the change requested as proof of your legal presence)
* I-94 or CBP I-94A stamped "Refugee" or "Asylee" or "Paroled Until" or "Parolee";

- I-94 with attached photo stamped "Upon endorsement serves as Temporary I-551 evidencing permanent residency for one year"; or
- One of the following U.S. Department of Homeland Security documents, not expired:

* Employment Authorization Card (I-766)
* Certificate of Citizenship
* Resident Alien Card or Permanent Resident Card
* Certificate of Naturalization
* Permit to Re-enter (I-327)
* Refugee Travel Document (I-571)
* Identification Card of Resident Citizens in the United States (I-179)
* U.S. Citizen Identification Card (I-197)."


So it looks like my husband can't get a driver's license or state ID until he gets EAD or AOS NOA2... I wish I could at least get him a state ID right now so we can fly to Hawaii for our honeymoon. His I-94 is expired now, and I don't want him to fly when his I-94 is expired. I have searched for other topics about domestic travel after the I-94 is expired, and people have said that doesn't matter, that the people at the airport shouldn't even check your I-94 for domestic travel, but they do at times, at least they did to my husband (then boyfriend) back in 2008. He was visiting me for three months (on his Visa Waver Program), and while he was visiting me we decided to go to DisneyWorld for a week. So we flew to Florida from California and they looked at his I-94 forever before they let him through the security check. They misread the date on the I-94 and that's why they took so long. So that's why I think we shouldn't fly now when his I-94 is expired, even though he did already file for AOS.

So I guess we have to wait to go on our honeymoon. It kind of sucks but I think the safest thing to do is wait until he gets his EAD and use that to get an Oregon driver's license.
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#7 JLL

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Posted 03 October 2012 - 12:13 AM

Hi Shabz,

We are in a very similar position as you. In California the DMV requires at least 90 days on her I-94 or they will not issue a Legal ID card nor allow her to take the Written driving exam.

I have posted one question about this. The woman at the California DMV said we need an I-797 with an I-94 stamped on it and an extension of the date before we could get an ID Card or let Audy take the driver's test.

I read some postings last night after searching this forum to tell you people have posted from Georgia that with the I-797C (NOA1) from the I-485 filing, they were then allowed to get the drivers license. I tried this in California and it did not work. California will accept the EAD card as lawful presence which is what they want to know before allowing her the benefits of the ID card or driver's license. But as we just filed for AOS I think the EAD card will be quite some time off.

Maybe you can check to see if Texas will accept the EAD or I-797C.

Good luck


Hey I live in Georgia and a few moths ago I got my I-797C (NOA) can I get my driver license and where? Where did you see these posts at?
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#8 loveoneanother

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Posted 04 October 2012 - 08:03 AM

I-94 doesn't matter anything what the know is to show id, your Passport should be fine unless expired too...I was using my Passport to fly within the state while my I-94 has expired long time ago
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