I NEED EXPERT ADVICE

[JimVaPhuong 4,863]

Thanks, Jim. It makes sense.

Why would DMVs in most of the states accept EADs as proof of legal status in order to apply for a DL?

There is no category for EAD eligibility that would not make someone eligible to remain in the US. What the DMV usually wants is proof of lawful presence, and an EAD is satisfactory proof of that. It's not proof of "status", in spite of the blanket statement preprinted on the back of the EAD letter, because there are more than two dozen different categories of people who are eligible for an EAD, with a variety of different "status" categories. Someone with "C09" printed on their EAD may or may not have current non-immigrant status. The DMV doesn't really care if the person has "lawful status". They care if they have "lawful presence".

Look into the rules for your state before getting a license with an EAD. The license may be set to the expire when the EAD expires. In those cases it might be better to wait for the green card.

[Dakine10 5,452]

Thanks, Jim. It makes sense.

Why would DMVs in most of the states accept EADs as proof of legal status in order to apply for a DL?

I used my EAD as proof of legal presence a few years ago to get my DL in Colorado. The expiration of the DL matched the EAD expiration. I just looked at their website and they still will accept the EAD as proof.

I did notice some states are getting away from using the EAD basically for the reason that JimVaPhuong stated - the expiration date on the EAD is unreliable. It doesn't make a difference if the AOS is approved, but it does if it's denied.

[JimVaPhuong 4,863]

The EAD card is proof that, at the time the card was issued, you were authorized by DHS to work in the United States. It's not proof of lawful presence.

I should revise this statement I made previously to say that the EAD is not proof of "lawful status", but it IS evidence of "lawful presence". The proof comes when they verify your status with USCIS.

[juliava 80]

I should revise this statement I made previously to say that the EAD is not proof of "lawful status", but it IS evidence of "lawful presence". The proof comes when they verify your status with USCIS.

I think I created a confusion between EAD as proof of "legal status" and EAD as proof of "legal presence".

Thank you for clarifying.