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Martin + Amie

Getting a CA DL on a new I-94

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Hi Guys,

I posted soem threads a while ago about not being able to get a CA drivers license because my I-94 had expired and they needed proof of residency to allow me to take the written exam. I got advanced parole and went back to the UK for a week. I came back through LAX and they issued and stamped a new I-94 card in my passport.

I have been to the DMV numerous times to try and get a DL and each time they said they couldn't do anything because my I-94 had expired. I would be amazed if anyone else has landed themselves in this situation however if there are I would love to here about it.

My question is :

Can I go and take my written driving exam and then the pratical now I have a new and valid I-94 as a result of coming back on AP?

Any help is appreciated.

Best Regards


3-17-2004 - Met in London at Kingston University

3-25-2006 - I-129F sent off

3-27-2006 - Recieved at notorious CSC

3-31-2006 - NOA1

5-11-2006 - Amie moves to London to wait until visa approved

6-28-2006 - Received IMBRA RFE

7-12-2006 - Sent off RFE (from London)

7-24-2006 - CSC received RFE

9-01-2006 - NOA2 (5 MONTHS LATER.... LITERALLY 5 MONTHS LATER)

9-14-2006 - NVC received case

9-30-2006 - Packet 3 received

10-4-2006 - Packet 3 sent out

10-17-2006 - Medical appointment

11-3-2006 - Packet 4 received

12-1-2006 - INTERVIEW - approved

12-14-2006 - Amie moves back home

1-1-2007 - Martin moves over

1-16-2007 - SSN received

3-18-2007 - MARRIED!

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Technically the answer to that is Yes because one of the criteria for California DMV is that you have ONE of the following which you now do:

http://www.dmv.ca.gov/dl/dl_info.htm#BDLP

Only the original or a certified copy of one of the following documents is acceptable:

Permanent Resident Card

Valid foreign passport with a valid Record of Arrival/Departure (form I-94)

Employment Authorization Card

Processed for I-551" stamped in a valid foreign passport

Notice of Action (I-797 Approved Petition)

You will however need to bear in mind the 30/60 days rule which CA enforces quite strictly:

Limited Term Legal Presence

All original and pending driver license or identification cards will expire on the expiration date of his/her birth date/legal presence document (BD/LP) issued by the Department of Homeland Security (DHS).

Your BD/LP document must have an expiration date 30 or more days from your application date. If your BD/LP document has an expiration date less than 30 days, you will not be able to start a driver license or identification card application.

If your BD/LP document has an expiration date of less than 60 days, you may complete your licensing requirements (written/vision/driving tests), but you will need to submit another BD/LP document with an expiration date of 60 days or more before your driver license or identification card is mailed to you.

Hope that helps.

Edited by perfect

OUR TIMELINE

K1 VISA & MARRIAGE - 8 MONTHS

17 February 2004 Sent I-129F petition CSC - It was APPROVED in 147 days

3 September 2004 INTERVIEW IN LONDON SUCCESSFUL VISA APPROVED! MARRIED OCTOBER 16, 2004

ADJUSTMENT OF STATUS - 5 MONTHS

4 January 2005 - Submitted applications for AOS and EAD - 12 May 2005 Conditional Permanent Residency Approved - interview in Santa Ana

4 June 2005 CPR 2-year Green Card arrives in mail

REMOVAL OF CONDITIONS - 3½ MONTHS

8 May 2007 - I-751 sent to CSC - 23 August 2007 - Approved - Card production ordered

30 August 2007 - 10 year Green Card received

K2 TIMELINE (Stayed behind in UK to finish school)

28 March 2005 - embassy interview & medical London - visa granted

01/18/06 Applications for AOS/EAD sent - 03/28/06 EAD approved

4/3/06 - RFE for AOS - requested new medical and vacc supplement

4/26/06 - approved without interview and welcome letter sent

05/02/2006 - Greencard arrives in mail

03/14/08 - Petition to Remove Conditions mailed to CSC delivered - 7/2/08 APPROVED

NATURALIZATION TIMELINE (for myself and son) 5 MONTHS

April 18, 2011 - N-400 Applications Mailed to AZ lockbox

April 21 (received April 25) NOAs

May 12 - FP Letters mailed

May 16 - Received FP appointment letters for June 8 at 11am

August 1 - Interview - approved for Oath Ceremony - OATH CEREMONY 28 SEPTEMBER

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