Drivers License while AOS

[mof 15]

I am currently AOS from VWP, waiting for a interview letter. My local field office (Atlanta) is processing August 2010 applications, meaning that I will need to wait at least another few months before I can expect to have an interview. Meanwhile, I am wondering what to do in regard to a drivers license.

Currently, I still have an old and valid NY State license that will, however, expire in early May. I no longer live in New York. I also have a EU license that never expires. Thus far, no problem, then.

However, once my NY license expires, I will be forced to show my EU license if pulled over. Since I live in Georgia, police do have a tendency to inquire about immigration status (they are trying to pass laws similar to Arizona's here). If I show my EU license, I could then be asked to show my passport, and if I do, the officers might see that I am apparently no longer legally in the US - even though I am obviously AOS, which the officer may or may not understand.

Just last week I encountered a police checkpoint and showed my NY license. The officer asked if I lived in Georgia and I replied that my wife did. He did not suspect that I could be an immigrant (I spent roughly 15 years living in the US and my accent is not perceptible to most people, including this particular officer). Still, the whole thing frightened me a bit, particularly since I tend to have my toddler with me and I certainly don't want to be detained while police find out that I am, in fact, legally present - I also don't need Child Services to take temporary custody of my child until my wife manages to get her.

I wonder how you are handling this dilemma or what suggestions you have.

Edited March 15, 2011 by mof

[Myopia 93]

I am currently AOS from VWP, waiting for a interview letter. My local field office (Atlanta) is processing August 2010 applications, meaning that I will need to wait at least another few months before I can expect to have an interview. Meanwhile, I am wondering what to do in regard to a drivers license.

Currently, I still have an old and valid NY State license that will, however, expire in early May. I no longer live in New York. I also have a EU license that never expires. Thus far, no problem, then.

However, once my NY license expires, I will be forced to show my EU license if pulled over. Since I live in Georgia, police do have a tendency to inquire about immigration status (they are trying to pass laws similar to Arizona's here). If I show my EU license, I could then be asked to show my passport, and if I do, the officers might see that I am apparently no longer legally in the US - even though I am obviously AOS, which the officer may or may not understand.

Just last week I encountered a police checkpoint and showed my NY license. The officer asked if I lived in Georgia and I replied that my wife did. He did not suspect that I could be an immigrant (I spent roughly 15 years living in the US and my accent is not perceptible to most people, including this particular officer). Still, the whole thing frightened me a bit, particularly since I tend to have my toddler with me and I certainly don't want to be detained while police find out that I am, in fact, legally present - I also don't need Child Services to take temporary custody of my child until my wife manages to get her.

I wonder how you are handling this dilemma or what suggestions you have.

First I would travel with your Notice of Action and a copy of your marriage license so even if they don't understand AOS they will understand you are known to the Immigration authorities.

Then I would ask if you applied for the EAD which will allow you to get a social security number. With the SSN you will be able to get a Georgia Drivers license legally.

[mof 15]

First I would travel with your Notice of Action and a copy of your marriage license so even if they don't understand AOS they will understand you are known to the Immigration authorities.

Then I would ask if you applied for the EAD which will allow you to get a social security number. With the SSN you will be able to get a Georgia Drivers license legally.

Thank you.

I will certainly carry the NOA with me along with a copy of my marriage license and a copy of my wife's passport since the marriage license is not a US document.

I have had a SS# for roughly 20 years. It is apparently not sufficient to obtain a GA Drivers License - at least that's how I understand it because you need to submit evidence of your legal presence. One of the items listed is an I-94 Visa Waiver stamp - and I have no idea what that would look like nor have I ever heard of one. Do they mean the regular entry stamp? If so, my 90 days expired in December...A NOA is not listed as fulfilling the requirement.

BTW, I did not apply for EAD - which, incidentally, would have worked to show legal presence in the US.

Any ideas?

Edited March 15, 2011 by mof

[Myopia 93]

Thank you.

I will certainly carry the NOA with me along with a copy of my marriage license and a copy of my wife's passport since the marriage license is not a US document.

I have had a SS# for roughly 20 years. It is apparently not sufficient to obtain a GA Drivers License - at least that's how I understand it because you need to submit evidence of your legal presence. One of the items listed is an I-94 Visa Waiver stamp - and I have no idea what that would look like nor have I ever heard of one. Do they mean the regular entry stamp? If so, my 90 days expired in December...A NOA is not listed as fulfilling the requirement.

BTW, I did not apply for EAD - which, incidentally, would have worked to show legal presence in the US.

Any ideas?

Ok I think we would need some background in order to give you proper advice. You said that you entered the US on a Visa Waiver Program and you have had the ssn for 20 years.

How did you get the SSN? I ask as how you got it may cause problems for the AOS.

When you entered on the VWP they would have given you a stamp in your passport if you just came to the US in September 2010(Thats my math as you said your 90 days expired in December)

When I came to the US I got a green form (I-94).

Again it depends when you came to the US.

Why didn't you apply for the EAD. It was free if you filed it concurrently with the I-130 and I-485 and it would have been acceptable for drivers license.

[mof 15]

Ok I think we would need some background in order to give you proper advice. You said that you entered the US on a Visa Waiver Program and you have had the ssn for 20 years.

How did you get the SSN? I ask as how you got it may cause problems for the AOS.

When you entered on the VWP they would have given you a stamp in your passport if you just came to the US in September 2010(Thats my math as you said your 90 days expired in December)

When I came to the US I got a green form (I-94).

Again it depends when you came to the US.

Why didn't you apply for the EAD. It was free if you filed it concurrently with the I-130 and I-485 and it would have been acceptable for drivers license.

Let's see:

I obtained my SS# when I first came to the US in the early 90's as a student. I needed it back then to obtain a California Drivers License. Subsequently, I needed it to simply run my life in the US and manage various investments I have here. I remained on various F-1 visas for a total of roughly 13 years, B.A., M.A., Ph.D. but left eight years ago when I was done with school with my girlfriend, now wife of six years. We "moved" to Costa Rica and spent most of our time there - our daughter was born there as well. I have an EU Passport, my wife has a US passport, my daughter has EU, US, and Costa Rican passports. I put "moved" in quotation marks because we did not officially live anywhere. Neither of us has lived in the US during that time (hence we could not file for spousal visa) nor have we maintained a residence (in a legal sense) anywhere else (preventing us from Consular Processing). In the eyes of the law, we have been on vacation for roughly eight years. On our last visit to my wife's family, she decided that she had had it with the constant traveling and the toll it was taking on our daughter. Thus, she refused to leave the US and I had little choice but file for AOS from VWP.

I have maintained a mailing address in the US for almost twenty years and have had banking and investment accounts here as well for roughly 15 years or so - all registered with my SS#, of course. I have paid taxes on any capital gains I have had, have never worked illegally, and have not abused my visas, SS#, or anything else granted me by the US. There have been no overstays, ever, I have never been out of status, either.

When I last entered on VWP (September is correct), they did not give me a stamp - which has happened several times in the past. My best guess is that I always enter with my wife and child - both are USC - and there seems to be a tendency to just waive me through without asking any questions or doing any more than scanning my passport. As a matter of fact, only one IO ever asked me what I do for a living - once. I should point out that I have used VWP upwards of 200 times to enter the US in the last eight years or so. Since USCIS sent me an RFE to provide an entry stamp, I went to a Deferred Inspection Station and obtained one, but my authorized stay ended at the end of December. Naturally, I have a NOA that documents receipt of my AOS application long before the expiration or my entry permit.

Green Forms are no longer handed out - they have been replaced by ESTA. I don't think I have received one on the last ten entries or so...

I did not file for the EAD because there is no point for me. I am financially secure and there is no hurry. The receipt of a green card (if such is granted) would be early enough.

Again, thank you for your insight and advice.

Edited March 16, 2011 by mof

[Myopia 93]

Oh yes I remember your posts.

I doubt you will have much of a problem. They say foresight is 20/20. You may not have needed the EAD to work but you did need it to get a drivers license in GA.

Your EU license is valid for one year once arriving in the USA.

Georgia recognizes valid driver licenses issued to and held by residents of other countries as long as the "Out Of Country" license is valid (not expired). Generally, you may drive in Georgia for up to one year on a valid foreign or International license.

You will have to make sure you are insured.

Georgia DMV

The stamp in your passport is the Visa Waiver Stamp but its useless for you right now as it has expired.

Hope I helped somewhat.

Edited March 16, 2011 by Myopia

[mof 15]

Oh yes I remember your posts.

I doubt you will have much of a problem. They say foresight is 20/20. You may not have needed the EAD to work but you did need it to get a drivers license in GA.

Your EU license is valid for one year once arriving in the USA.

You will have to make sure you are insured.

Georgia DMV

The stamp in your passport is the Visa Waiver Stamp but its useless for you right now as it has expired.

Hope I helped somewhat.

Thank you! I do have insurance - which was no problem to obtain since I have a (still) valid NY license.