Applying for California Drivers License

[Rose416 1]

I am starting to think about applying for my California Drivers License and have read several personal stories from VJ members. I am a little confused about 'deadlines'. The DMV site says I have 10 days to apply after receiving California residency. Does this mean that I should wait until I receive my temporary green card before I apply?

Or is my I-94 enough? It is expiring in a few days.

Thank you for your help!

[Inky 1,110]

if your I-94 is almost expired you cant apply for a drivers license till you have your greencard. You can get a DL with a VALID I-94 that is valid for longer than " a few days "

[nickbits 43]

If your I94 is almost expired, you'll have to wait until you get your EAD.

[The_Dude 1,142]

I am starting to think about applying for my California Drivers License and have read several personal stories from VJ members. I am a little confused about 'deadlines'. The DMV site says I have 10 days to apply after receiving California residency. Does this mean that I should wait until I receive my temporary green card before I apply?

Or is my I-94 enough? It is expiring in a few days.

Thank you for your help!

They will not give you a SSN or a driver's license in california if your I-94 will expire within one month. I was told at the DMV that EAD is not sufficient and that if you are within 30 days of the expiration date, you will need to wait til you get your green card to apply for a driver's license.

The reason why EAD is not sufficient is because EAD only authorizes you to work here, it does not indicate your immigration status as a green card does.

[Wishing 1]

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

According to California DMV website EAD is acceptable proof. I am waiting until I have EAD...

[BokkieandGuapo 4]

The process for applying for your California drivers license can only be done once You are a LPR. You can drive in the state of California with your out of state license and explain to the officer if you get stopped why you are still using an out of state license whilst you have been in california for more than ten days. The DMV does not accept an International drivers license so my reasoning when i spoke to the DMV is that you may not drive in california with an international drivers license.

[The_Dude 1,142]

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

According to California DMV website EAD is acceptable proof. I am waiting until I have EAD...

Yeah, I read that too and when I went with the EAD/AP cards with my wife after I was told by the supervisor of the office that that didn't prove immigration status, which it doesn't. I suppose it will depend upon the office you go to.

The process for applying for your California drivers license can only be done once You are a LPR. You can drive in the state of California with your out of state license and explain to the officer if you get stopped why you are still using an out of state license whilst you have been in california for more than ten days. The DMV does not accept an International drivers license so my reasoning when i spoke to the DMV is that you may not drive in california with an international drivers license.

You are advocating they do something that is not legal. Please refrain from giving such advice on VJ.

[Rose416 1]

Thank you for the advice.

As far as I know, I am allowed to drive in the US with my Canadian license, but I will go to the DMV as soon as I get my EAD and see what information they give me.

[The_Dude 1,142]

Thank you for the advice.

As far as I know, I am allowed to drive in the US with my Canadian license, but I will go to the DMV as soon as I get my EAD and see what information they give me.

You are certainly entitled to do what you want. Just be aware of the fines and other fees that can occur if you get pulled over. If you get pulled over by an officer, he or she has a lot of discretion as to what to do. They can just give you a warning all the way up to cite you for operating a vehicle without a valid license (vehicle code 12500). If they go with the operating a vehicle without a valid license, your car will be towed and impounded and the violation is a misdemeanor. If you don't think people get tickets and or arrested for it, you are wrong. BTW, I work for a police department 10 minutes from you.

[Rose416 1]

You are certainly entitled to do what you want. Just be aware of the fines and other fees that can occur if you get pulled over. If you get pulled over by an officer, he or she has a lot of discretion as to what to do. They can just give you a warning all the way up to cite you for operating a vehicle without a valid license (vehicle code 12500). If they go with the operating a vehicle without a valid license, your car will be towed and impounded and the violation is a misdemeanor. If you don't think people get tickets and or arrested for it, you are wrong. BTW, I work for a police department 10 minutes from you.

OK..As someone who works for a police department, you are telling me I am not allowed to drive with my Canadian Driver's License?

Because my I-94 is expiring, I have to wait for my AOS to arrive, right? My EAD is not validation enough?

I am very confused about all of this. I certainly do not want to break any laws, or condone illegal behavior, but I was under the impression that Canadians are allowed to drive with their Canadian license in California.

Is my best option to not drive until I am able to get a California license? This whole area is so unclear. I wish it had been in the little welcome letter the USCIS gave me!

Anyway, I hope to visit the DMV soon.

[SupportGeek 21]

OK..As someone who works for a police department, you are telling me I am not allowed to drive with my Canadian Driver's License?

Because my I-94 is expiring, I have to wait for my AOS to arrive, right? My EAD is not validation enough?

I am very confused about all of this. I certainly do not want to break any laws, or condone illegal behaviour, but I was under the impression that Canadians are allowed to drive with their Canadian license in California.

Is my best option to not drive until I am able to get a California license? This whole area is so unclear. I wish it had been in the little welcome letter the USCIS gave me!

Anyway, I hope to visit the DMV soon.

With regards to driving in CA, when visiting from Canada, you can drive as much as you want. After arriving in CA with intent to stay or become a resident (coming on a visa), you can drive on your Canadian DL for something like 10 days legally, after that time Law Enforcement considers you a resident in so far as how you must be licensed. In other words, 10 days after arriving, they require you to be driving on a CA issued DL, or not at all.

If you had applied well before your I-94 expired, your CA issued DL would have had the same expiry as your I-94, so max 90 days after crossing in the case of a K-1 fiancée Visa, since you are a few days from expiry, they wont even look at you at the DMV office.

While the CA motor vehicles website says EAD is enough, Ive heard of a few places that require the GC before they will issue a license, its probably up to the supervisor, although if you want to try with EAD it probably wont hurt, just bring the relevant page from the DMV website where it says EAD is enough to support your argument.

If you drive on your Canadian DL, and get pulled over, its going to completely be up to the LE officers discretion how to handle you, as Rob said, anything from advice not to drive and a warning, to having your vehicle towed and impounded, or anything in between.

Im not sure if a patrol car LE has any way to know if you are here on a visa or not, Rob may know, but I wouldn't condone any illegal behaviour.

[The_Dude 1,142]

With regards to driving in CA, when visiting from Canada, you can drive as much as you want. After arriving in CA with intent to stay or become a resident (coming on a visa), you can drive on your Canadian DL for something like 10 days legally, after that time Law Enforcement considers you a resident in so far as how you must be licensed. In other words, 10 days after arriving, they require you to be driving on a CA issued DL, or not at all.

If you had applied well before your I-94 expired, your CA issued DL would have had the same expiry as your I-94, so max 90 days after crossing in the case of a K-1 fiancée Visa, since you are a few days from expiry, they wont even look at you at the DMV office.

While the CA motor vehicles website says EAD is enough, Ive heard of a few places that require the GC before they will issue a license, its probably up to the supervisor, although if you want to try with EAD it probably wont hurt, just bring the relevant page from the DMV website where it says EAD is enough to support your argument.

If you drive on your Canadian DL, and get pulled over, its going to completely be up to the LE officers discretion how to handle you, as Rob said, anything from advice not to drive and a warning, to having your vehicle towed and impounded, or anything in between.

Im not sure if a patrol car LE has any way to know if you are here on a visa or not, Rob may know, but I wouldn't condone any illegal behaviour.

Mel and I went to two separate DMV's and were told by the head supervisor at both that an EAD wasn't enough, despite what their website says. As to whether a police officer can look up your immigration status, absolutely they can.

[SupportGeek 21]

Mel and I went to two separate DMV's and were told by the head supervisor at both that an EAD wasn't enough, despite what their website says. As to whether a police officer can look up your immigration status, absolutely they can.

Out of curiousity, do you work for the state,(CHP?) or County LE?

Im surprised they can look up immigration status considering the requirement AZ has now for all immigrants to carry proof of status with them, my assumption being that LE had no access to DoS files.

Edited November 10, 2010 by SupportGeek

[The_Dude 1,142]

Out of curiousity, do you work for the state,(CHP?) or County LE?

Im surprised they can look up immigration status considering the requirement AZ has now for all immigrants to carry proof of status with them, my assumption being that LE had no access to DoS files.

I just reread what you asked, and what I said and realized that I sort of skimmed over your question and didn't respond correctly. In patrol units, no, they don't have direct access, however they can check it at the police station. It's not like running someones name through a database though, so it is infrequently used. I did ask a couple of officers how they would handle the situation. They all said that on the first stop, they would issue a warning. However, they do keep note of people they give warnings to and if they saw your car after the warning, they would undoubtedly pull you over again to follow up. The misdemeanor charge is really a last resort if someone is mouthing off, or just being beligerent.

And to answer your question as to whether i work for the state or county, neither.

[Rose416 1]

Thanks for all of the great info. I'll give the DMV a visit as soon as I get my EAD and hope for the best!