Learners Permit - NYC

[K1visa_user 0]

I live in NYC. I've applied for AOS, got my NOAs and Biometrics done. Now I got a notice from USCIS stating my case has been transferred to CSC for further processing.

I have not yet got my EAD. I feel idle without working; thought of getting DL in this period. In some forums and in DMV book its mentioned I cannot get the learners permit or DL, if I'm not a resident. Has anybody got LP or DL during AOS waiting period?

[payxibka 10,048]

I live in NYC. I've applied for AOS, got my NOAs and Biometrics done. Now I got a notice from USCIS stating my case has been transferred to CSC for further processing.

I have not yet got my EAD. I feel idle without working; thought of getting DL in this period. In some forums and in DMV book its mentioned I cannot get the learners permit or DL, if I'm not a resident. Has anybody got LP or DL during AOS waiting period?

Once you have your EAD or AP you can.... but until so you are in limbo.

[YuAndDan 153]

NY wont issue DL to a person without SSN or evidence that you cannot get one, and SSA wont issue the number unless the person has work authorization, (EAD or Green-card). Did you file I-765 when you filed the I-485? There is no extra fee for I-765 (EAD) when based on the pending AOS.

From DMV:

You must have proof of identity. The proof must have a total value of at least six points and must prove your date of birth. If you do not have 6 points of proof of identity, your parent or your legal guardian can complete form MV-45 at a DMV office and show proof of identity.

You must show your Social Security card. If you are not eligible for a Social Security Number, you must get a letter from the Social Security Administration that indicates that you are not eligible for a Social Security Number. You must show the letter to the DMV.

Here is the 6 point system. (4 points of ID + SSN or 6 points without SSN but need letter from SSA indicating they cannot issue SSN)

• 4 points for A US passport (DOB)
• 3 points A Certificate of Citizenship (N-560, N-561, or N-645). (DOB)
• 3 points A Certificate of Naturalization (N-550, N-570 or N-578). (DOB)
• 3 points A foreign passport with a valid I-551 stamp or a statement on the visa. The passport must be in English or translated by an embassy. (DOB)
• 3 points A Permanent Resident Card (form I-551). (DOB)
• 3 points A foreign passport with your visa and form I-94. The passport must be in English or translated by an embassy. (DOB)
• 3 points A foreign passport with your visa and form I-94 with status code J1 or J2 and with form IAP-66/DS-2019. If you received an extension, you must show your original entry document, form IAP-66/DS-2019, any extension document and, if appropriate, a "notice of approval."
• 3 points A foreign passport with your visa and form I-94 with status code F1 or F2 and form I-20. To be accepted, the school must be located in NYS. If you received an extension, you must show your original entry document, form I-20, any extension document and, if appropriate, a "notice of approval."
• 3 points A foreign passport with your visa and form I-94 with status code G4. You must apply at the DMV Herald Square office only.
• 3 points A foreign passport with your visa and form I-94 with status code I and a letter from the Foreign Press Center. You must apply at the DMV Herald Square office only.
• 3 points A US Re-entry Permit (I-327).
• 3 points A US Refugee Travel Document (I-571).
• 3 points A US Employment Authorization Card (INS I-688B or I-766).
• 3 points A US Military Photo ID Card (issued to military personnel only).
• 3 points A welfare card, a Medicaid card, or a NYS Food Stamp Card with a photo.
• 2 points A pistol permit issued by NYS or NYC.
• 2 points A professional license issued by NYS.
• 2 points A photo driver license issued by another state, jurisdiction or possession of the US, or issued by a province or territory of Canada. The driver license must be valid or expired less than one year. 2 No
• 2 points A US Social Security card that shows your signature.
• 2 points A NYS registration document for a vehicle or a boat only.
• 2 points A NYS title certificate.
• 2 points A Military Dependent ID Card.
• 2 points A welfare card, a Medicaid card, or a NYS Food Stamp Card without a photo.
• 2 points A US marriage document, a US divorce document, or a court-issued name change document.
• 2 points A US college photo ID card and an academic transcript.
• 2 points A NYS interim driver license or a computer-generated learner permit, without a photo.
• 2 points A US high school ID card and a report card.
• 2 points A valid Saint Regis Mohawk Tribe ID card.
• 2 points A valid Saint Regis Mohawk Tribe ID card and a Canadian birth certificate.
• 1 point A computer-printed pay stub or employee ID card issued in the US that shows your name.
• 1 point A high school diploma or GED (General Education Diploma) issued in the US.
• 1 point A supermarket check-cashing card issued in the US with your name pre-printed and your signature.
• 1 point A union card issued in the US .
• 1 point A health insurance card or a medical prescription card issued in the US.
• 1 point A life insurance policy issued in the US and in effect for at least two years.
• 1 point A utility bill issued in the US.
• 1 point A Veterans Universal Access Photo ID Card.
• 1 point A W-2 Form that shows your Social Security Number.
• You can provide only one of these items issued by a financial institution issued in the US:
• 1 point a bank statement
• 1 point a cancelled check (which displays your pre-printed name)
• 1 point an ATM card or a debit card (which displays your pre-printed name and your signature)
• 1 point a valid major US credit card

Typically most immigrants provide the highlighted, most on the list are hard to get unless they have been here a while, many on the list require employment so EAD needed for them. Also usable is AP doc (I-131) and of course green-card (I-551).

So from the above list, (3 points for EAD, AP or Green-card, 2 points for SSN, and another 2 points for Marriage cert) EAD, AP or Green-card proves DOB

http://www.nydmv.state.ny.us/idlicense.htm

[K1visa_user 0]

I have applied for EAD n AP, but not got any.

I have NY state photo ID issued by DMV, but its mentioned that it expires when my I94 expires. It already expired. Will that be accepted if not for EAD or AP documents?

[YuAndDan 153]

I have applied for EAD n AP, but not got any.

I have NY state photo ID issued by DMV, but its mentioned that it expires when my I94 expires. It already expired. Will that be accepted if not for EAD or AP documents?

NO they need evidence residence will be for longer than the I-94, that is AP, EAD or Green-card. This is why the state ID expired when the I-94 did.

[K1visa_user 0]

I have got notices from USCIS recently. Can that be showed for Proof of residence?

I want to know if I'll be allowed to write the Learners Permit test if not DL.

[payxibka 10,048]

It does not appear to be on the list... NYS does not make a distinction between the ID requirements for a learners permit or a DL... the standard appears to be the same for either.

[MIDUVIL 34]

Hello,

I'm surprised that your NYS photo ID has the same date of expiration than the I-94.

I did mine the last month (DMV of NYS) and the date of expiration is may 2009.

In some forums and in DMV book its mentioned I cannot get the learners permit or DL, if I'm not a resident. Has anybody got LP or DL during AOS waiting period?

Regarding that we had differents replies from DMV,

*The Driver's manual of DMV of NYS page 17: if you are a resident of another state, and hold a valid driver licence you may legally drive in NYS, You should not apply for a NYS licence.

Apply for a NYS licence only after you become a resident of this state.

On the phone, DMV said my husband that i have 90 days* to drive with my international driving licence (sorry but i can't tell you from when).

*One of the manager said me( K-1 visa case seems very complicated) : Now you are married, you are considered like a resident and it's possible for the NYSDL (sorry for my english).

If you want to have your NYSDL, maybe you will have to insist on this point.

*They also ask you to submit your national DL

*It's also impossible to have a logical reply

*I know a friend she is married to a US citizen, she had her international driving licence on the net

http://www.international-license.com/onlineappform.php

she paid for one year and went to NYSDMV with it, and they said her, it's ok, it's an international driving licence for one year, so you can drive with it. They never ask her her status.....AOS or not......

Good luck,

Me, i'm driving with my international driving licence, and i will pass the test for the NYSDL, not because i believe one of the version, but it's for the satisfaction of my husband.

For me the more logical is what the Driver's manual said (it's better to have it with you if you met a policeman)

Because this person knows international driving licence and national driving licence (i suppose that he knows the basis).

If he had a doubt, i can show him my visa (6 months)-maybe he doesn't know the technical details-but he can understand that it's a limited visa, and can understand that i'm not a resident because i have a limited visa.

If he knows more about AOS and have some doubts, last solution I show him the driver's manual of NYS page 17.

If i don't succeed to convince him, i use my last (that i have to use before) gun: I pray.

[MIDUVIL 34]

i just read my NYS ID card, it's written temporary visitor

or it seems me that a temporary visitor can't be a resident

Edited June 4, 2008 by MIDUVIL

[MIDUVIL 34]

sorry

I look at DMV's site:

The law defines a resident as a person who lives in NYS with the intent to make NYS a "fixed and permanent" place to live. To live in a house, a home, an apartment, a room or other similar place in NYS for 90 days is considered "presumptive evidence" that you are a resident of NYS. A police officer can use this evidence as the reason to issue a traffic ticket if you drive in NYS without a driver license or vehicle registration issued by NYS.

I was wrong

[K1visa_user 0]

I got my EAD, expecting my AOS to be approved within 2 months.

I'm planning to take the Drivers license written test and finish it off. Planning to get the DL after my AOS approval. That way, my DL wont expire with my EAD expiration date.

My doubt is, if I take the written test before AOS approval, will it expire with my EAD expiration date or the test does not matter? Only DL matter? I do not want to take the test now, if I have to take it again.

Thanks in advance

[Eric-Pris 1,607]

I live in NYC. I've applied for AOS, got my NOAs and Biometrics done. Now I got a notice from USCIS stating my case has been transferred to CSC for further processing.

I have not yet got my EAD. I feel idle without working; thought of getting DL in this period. In some forums and in DMV book its mentioned I cannot get the learners permit or DL, if I'm not a resident. Has anybody got LP or DL during AOS waiting period?

I tried to get my wife a LP in NYC about a month ago, but no luck. What a bunch of rude mother f'ers at the DMV. They said her passport (maiden name) didn't match her SS card (married name), so she couldn't get one. They said to change her name on her passport, but Costa Ricans can't change their names on passports.

So we must wait for her EAD or GC to get her a LP or DL.

If all your docs match (you need a passport or EAD to prove date of birth, SS card, a few pieces of mail with name and address... you need 6 points total), you can get one.

EDIT:

I didn't read your last post before I wrote this... you can ignore my post.

Edited July 14, 2008 by kid brooklyn

[MKCT 0]

Yeah! They gave me a hard time too...with the last names issues. Anyways, I got the permit but can't do anything anymore cause it says temporary visitor even though there is another expiration date at the bottom that is on 2012.

I read somewhere in VJ that when you file for AOS and you get your NOA1, you can go to the DMV, show them you are in a process and they can issue you the DL.....is that true???