Not Allowed to Renew My North Carolina Driver's License whilst AOS Pending

[drewhimself 0]

All

Having married my American wife 8 weeks ago, my green card paperwork has all been filed and I have received the notice of action. I was previously on an F-1 visa which expires on the 31 August this year. Because of this, my North Carolina driver's license also expires at the end of this month. After taking a trip to the driver's license office and a couple of calls the the NC DMV, I have been told that without any paperwork showing 'legal presence' with an expiration date on it I am not allowed to renew my license. I am also not even allowed to get an NC Identification card for the same reason. Luckily I can drive using my valid United Kingdom license (I confirmed this with the DMV and my insurance company) but am without any valid documents proving my age and address. I am going to have to use my passport to prove I am over 21, but as we all know, that is far from an ideal situation.

It just seems very bizarre that the US government says I cannot leave the country until my case has been processed but the state of North Carolina says they don't recognize me as being a legal alien and cannot issue me with any identification in the meantime. Talk about a vicious circle!

Has anyone else encountered this problem? Is there any advice out there or do I just have to deal with it until I receive my green card/I-551 stamp?

Regards, Andrew

[leash5 3]

All

Having married my American wife 8 weeks ago, my green card paperwork has all been filed and I have received the notice of action. I was previously on an F-1 visa which expires on the 31 August this year. Because of this, my North Carolina driver's license also expires at the end of this month. After taking a trip to the driver's license office and a couple of calls the the NC DMV, I have been told that without any paperwork showing 'legal presence' with an expiration date on it I am not allowed to renew my license. I am also not even allowed to get an NC Identification card for the same reason. Luckily I can drive using my valid United Kingdom license (I confirmed this with the DMV and my insurance company) but am without any valid documents proving my age and address. I am going to have to use my passport to prove I am over 21, but as we all know, that is far from an ideal situation.

It just seems very bizarre that the US government says I cannot leave the country until my case has been processed but the state of North Carolina says they don't recognize me as being a legal alien and cannot issue me with any identification in the meantime. Talk about a vicious circle!

Has anyone else encountered this problem? Is there any advice out there or do I just have to deal with it until I receive my green card/I-551 stamp?

Regards, Andrew

Does your license actually "expire" on that date? I am in the same situation (but in NY state). Mine is marked in big red letters: TEMP VISITOR EXP: xx/xx/xx. The actual license-- small writing on the bottom, expires on my birthday, in 2012. So I figure it is legal to drive with and use as ID. If I am stopped I can show my notice of action and that I am indeed legally here, taking care of the temp. visitor part of things.

[drewhimself 0]

Yeah, it does actually expire on August 31. I used to have a MD license that didn't expire until 2012 or something, but when I moved to NC I had to get a new license, and here they base the expiration date around the visa expiration.

[leash5 3]

Yeah, it does actually expire on August 31. I used to have a MD license that didn't expire until 2012 or something, but when I moved to NC I had to get a new license, and here they base the expiration date around the visa expiration.

sorry to hear that!!! well, you can use your UK one for ID, age etc though. i used my Canadian one for 3 years for that purpose.

[VanessaTony 3,567]

Everyone goes through this and you just have to "deal with it" as you said.

A piece of advice though,check your state requirements for a licence. There was a story about a guy in your situation in california, who was pulled over driving on his Canadian licence (he ran a pedestrian crossing or something like that) and he admitted he was living in California with his wife and had been for months. California law states he need a California licence after residing in California for 10 days. He said he was waiting on AOS, still, he admitted he LIVED in California that means he's a resident of CA, which means he can ONLY drive on his CA licence (but he couldn't get one.. just like you). He had to go to court, paid a $3K fine and something else i think.

Moral of the story, you're a VISITOR until you get your greencard. Until the US says you're a LPR, you're just visiting, and therefore allowed to drive on your foreign licence. It sucks but it's better than a fine :S

[drewhimself 0]

Everyone goes through this and you just have to "deal with it" as you said.

A piece of advice though,check your state requirements for a licence. There was a story about a guy in your situation in california, who was pulled over driving on his Canadian licence (he ran a pedestrian crossing or something like that) and he admitted he was living in California with his wife and had been for months. California law states he need a California licence after residing in California for 10 days. He said he was waiting on AOS, still, he admitted he LIVED in California that means he's a resident of CA, which means he can ONLY drive on his CA licence (but he couldn't get one.. just like you). He had to go to court, paid a $3K fine and something else i think.

Moral of the story, you're a VISITOR until you get your greencard. Until the US says you're a LPR, you're just visiting, and therefore allowed to drive on your foreign licence. It sucks but it's better than a fine :S

I see, so basically you're saying should I ever get pulled over I say I am just a visitor waiting for my AOS as opposed to I actually 'live' in NC and am waiting for my AOS.

[juliava 80]

wait until you get your EAD and then you will be eligible to apply for your DL. EAD processing times are 3 months, but tipically it arrives sooner than that.

[VanessaTony 3,567]

I see, so basically you're saying should I ever get pulled over I say I am just a visitor waiting for my AOS as opposed to I actually 'live' in NC and am waiting for my AOS.

Well.. it depends on your state laws and whether your visa has expired yet or not. If your visa has expired then you HAVE to mention AOS otherwise you have no reason to be there... though the police can't arrest you for that... I think.

If your visa HASN'T expired I would just say you're a tourist staying with your spouse at X. Something like that... at least till you get your EAD and are thus able to get your DL renewed.

[mwfiler 0]

I wish there was a solution for this. I too am in the same situation. OPT work permit ends next month and the same date is reflected on my license. I live in MD. Guess i just have to hop that no police officer will stop me while waiting. But three months without a license is a LONGGGGGGGGG time.

[Bobby+Umit 161]

Most states enacted these rules concerning immigrants because of terrorism.

Ohio enacted it in 2002 to verify an applicant's legal presence in the United States - based on USCIS documents.

They will only give you A Non-renewable/Non-transferable identification card or driver license is issued with the same expiration date that appears on the appropriate document issued by the USCIS and will not exceed four (4) years. A non-renewable/non-transferable driver license allows individuals to drive in Ohio and other states, but it cannot be renewed or transferred to another state.

[USUY2010 4]

Do as Juliava says. 3 months are not going to kill you. And better safe than sorry.

[missing_ron 3]

This addresses a different question but is related: the fear of being pulled over without a U.S. license while awaiting AOS.

We live in NC, and did get pulled over just before filing for AOS -- he was driving on a German license. The cop let us go without a citation, but told us to go to the DMV the next day to get a "permit". Suspecting future bureaucracy, I called the DMV instead and was told that one is supposed to get an International driving permit before leaving one's home country -- once you're in the states, you're out of luck. It is legal to drive with a license from your home country, but forwned upon...and the DMV won't issue a license without a social security number. Basically, it's a lose-lose. Though not illegal, the cops do have the right to fine you for traffic violations. In our case, telling the truth helped -- we just said that our AOS is pending...and my driving record is 100% clean, and neither of us had been drinking. Plus we were just speeding slightly, on an empty road in the middle of the night, and I suspect they just wanted to be suire we weren't drinking. Just be prepared to speak intelligently if you are pulled over, do not drive after drinking at all (a general rule everyone should follow), and be as polite as possible, and they'll likely let it go.

Edited September 1, 2010 by missing_ron