CA Drivers License

[Yellowhead 12]

I went through the process of importing my vehicle (with some glitches on the part of DHS) and finally got my car registered and insured in California. I was told to transfer my drivers license that I would have to retake the written test, and they would waive the road test (by an agent on the phone). I went to DMV and was informed that I had been 'misinformed' by their agent, and was required to take the road test. They tried scheduling me an appointment and the next available was in 2.5 months, so she looked at other offices, and found one about 40 minutes away, the following morning. I went, passed the test successfully, and was issued my drivers license by mail.

I received my license yesterday and I notice that it says it expires in two months, the date that my I-94 expires. I was not told by dmv, prior to jumping through hoops, paying to register my car and insure it, and doing the tests, that this would be TEMPORARY drivers license. The agent asked for my marriage certificate, which I did not have on me at the time, and left it at that. I am curious if there is a way to have them issue a longer term license? Can I bring in my marriage certificate and have them adjust it? Do I need to wait until AOS? Public transit in my city is not safe, and neither is walking around alone, so I am basically stuck in the house for 3+ months if I can't get longer validity. Any suggestions are welcome on this. I do have my NOA1 from AOS and AP, as well as a biometrics appt. notice. Will any of this help?

I tried calling DMV, but big surprise, they told me they couldn't help me and gave me another number that was no longer in service. Ugh. Help!!

[Brother Hesekiel 2,236]

You did something . . . um, not so smart.

As long as you are not a resident of the Golden State, you can drive with your Canadian license in California. You don't want to surrender your Canadian license anyway, unless you really enjoy applying for a new one when being back in Canada. You are a resident of California once you have obtained the status of a "lawful permanent resident" (LPR), which is when your AOS petition has been approved.

Now, however, you went through the hassle of getting a California driver license (no "s" in driver license, by the way). Unfortunately, you can use it only until it expires, and from then on you have to ride the bus or a bicycle, as you can't drive with an expired license. Once you are in the DMV computer, you are in for good, so there's no way to go back. You can only hope for a quick AOS process.

[Yellowhead 12]

You did something . . . um, not so smart.

As long as you are not a resident of the Golden State, you can drive with your Canadian license in California. You don't want to surrender your Canadian license anyway, unless you really enjoy applying for a new one when being back in Canada. You are a resident of California once you have obtained the status of a "lawful permanent resident" (LPR), which is when your AOS petition has been approved.

Now, however, you went through the hassle of getting a California driver license (no "s" in driver license, by the way). Unfortunately, you can use it only until it expires, and from then on you have to ride the bus or a bicycle, as you can't drive with an expired license. Once you are in the DMV computer, you are in for good, so there's no way to go back. You can only hope for a quick AOS process.

I actually did NOT surrender my Canadian drivers license. I still have it, however I was told by many other seemingly intelligent posters on VisaJourney that my Canadian license is only valid for 10 days upon arriving in California with the intent of becoming a LPR. The police see LPR status, and simply living here as the same thing when it comes to ticketing a driver who continues to use their foreign license while living in California with the intention to stay, or with a pending AOS application. All they need to do is ask for my passport and they will see my I-94, Visa, and entry stamp to prove this 10 day timeframe has run out. The AOS application also proves the intent to stay, therefore nullifying my Canadian license. Although this isn't necessarily readily available to them, my passport shows the intent to file AOS. If I got caught driving on the Canadian license, it would be a misdemeanor, and would result in my AOS case being denied. So, I didn't do something stupid, I did was what was legally required of me so I don't screw up this lengthy process. I still have my license for when I return to Canada, so no need to reapply.

If anyone knows of any constructive way of getting around this, let me know.

[Dakine10 5,452]

I actually did NOT surrender my Canadian drivers license. I still have it, however I was told by many other seemingly intelligent posters on VisaJourney that my Canadian license is only valid for 10 days upon arriving in California with the intent of becoming a LPR. The police see LPR status, and simply living here as the same thing when it comes to ticketing a driver who continues to use their foreign license while living in California with the intention to stay, or with a pending AOS application. All they need to do is ask for my passport and they will see my I-94, Visa, and entry stamp to prove this 10 day timeframe has run out. The AOS application also proves the intent to stay, therefore nullifying my Canadian license. Although this isn't necessarily readily available to them, my passport shows the intent to file AOS. If I got caught driving on the Canadian license, it would be a misdemeanor, and would result in my AOS case being denied. So, I didn't do something stupid, I did was what was legally required of me so I don't screw up this lengthy process. I still have my license for when I return to Canada, so no need to reapply.

If anyone knows of any constructive way of getting around this, let me know.

If you applied for an EAD, you can renew your DL when you get the EAD but the DL will expire when the EAD expires. Otherwise the earliest would be when you get the approval notice of action for the green card.

[Brother Hesekiel 2,236]

You have to apply for a California driver license not later than 10 days after becoming a resident of the Golden State. So when are you considered a resident, you wonder? Let's take it from the horse's mouth, shall we:

New Residents

When you become a California resident and you want to drive in California, you must apply for a California driver license within 10 days. Residency is established in a variety of ways, including the following:

• Being registered to vote in California elections.
• Paying resident tuition at a California college or university.
• Filing for a home owner's property tax exemption.
• Receiving any other privilege or benefit not ordinarily extended to nonresidents.

http://www.dmv.ca.go.../hdbk/ca_dl.htm

You are not a resident yet, so the 10-day clock has not starting ticking yet. By the way, Police Officers do not have the legal right to even ask for your passport or inquire about your immigration or citizenship status.

Edited May 19, 2011 by Just Bob

[Yellowhead 12]

If you applied for an EAD, you can renew your DL when you get the EAD but the DL will expire when the EAD expires. Otherwise the earliest would be when you get the approval notice of action for the green card.

Didn't apply for EAD unfortunately. Only the AP and AOS. Ah well. I called the DMV legal presence office today and they said if I call back a few weeks prior to the expiration, they can issue me a temporary license for 30-90 days until my GC is approved. Hopefully I got accurate information this time. I will call again to verify with someone else as well and get their ID and everything this time to make sure I can back it up in July when I call back. Hopefully the renewal fees won't apply considering I had no idea. :/