Driver license help

[LeilaLyn 4]

Hello all, i have a learners permit, that is valid until 12-20-16 but they added a stamp that reads TEMP VISITOR EXP 05-18-12 (still don't understand why because i was married and had ssn and all needed when i applied for this permit)

I also applied for AOS, and had my interview already.

I went today to have my road test for the driver license and they refused to give me the test because my permit is not valid as im not allowed to stay in the country.

I have SSN as well as employment authorization, marriage certificate and a notice of action stating my permanent residence is approved.

They said nothing of this is prove enough and my stay in the country should be over, so i cant have a drivers license.

Im really upset with this, because since I married my husband Im legally authorized to stay in the country therefore I should be authorized to drive.

I was trying to look for anything on dmv site to let them prove they are wrong, and all i find is aliens are able to have a new york driver license showing "proves of identity" and they are exactly what i have, EAD SSN and marriage certificate. Nothing about removing temp visitor. I called them back and they said I just have to understand that without a green card they are not going to do anything.

Is there anyway i can prove this ladies wrong or i just have to wait until my green card comes and then get another permit and only then apply for my road test again (which in my area is no less than another month wait, plus the month or more to get the green card and new permit).

Thx everyone and any hint will be more than welcome!!!!

Edited August 15, 2012 by LeilaLyn

[Harsh_77 716]

Those are the new state guidelines… those ladies are not wrong as per the current state law.

The temp date on your learner’s permit would be the same as that on your I-94.

As per state you are in between status right now… you are waiting for your I-551 or 2 year GC. Once you have your GC, they will be able to issue you a DL.

Having SSN does not prove anything…. SSN does not prove that person is legally in the country.

[LeilaLyn 4]

but there is many people that have their permit visitor status extended for 1 year after they apply of AOS, other states does and there is people for ny that did it too, so im trying to find out how

[Harsh_77 716]

The extension letter you get from the USCIS lets you stay in the country legally until your AOS is complete.

The DL is a state law lot of the states are getting much stricter on the DL as feds are not doing enough to curb the illegal immigration.

Unfortunately ppl like you and me who go thru the legal process are getting impacted by such new laws.

[ibee 7]

I see that you just got your green card production email .

Go again and show them the email. I went the day I received my green card in production email and showed the DMV guy the email and IT WORKED for me! Hope it works for you too!

I'm in PA and they have really strict laws about who can get DL. Sounds very similar to your case/your DMV. Pending AOS does not give legal status ... which is why some states won't issue DL unless you've got proof of legal status (valid visa, green card)

Please let us know if you try it and if it works !?

Edited August 15, 2012 by ibee

[ibee 7]

The extension letter you get from the USCIS lets you stay in the country legally until your AOS is complete.

The DL is a state law lot of the states are getting much stricter on the DL as feds are not doing enough to curb the illegal immigration.

Unfortunately ppl like you and me who go thru the legal process are getting impacted by such new laws.

Seriously ? I don't see how this has anything to do with illegal immigration.

Edited August 15, 2012 by ibee

[LeilaLyn 4]

OMG!!!!!!!!!!!!!!!

I made couple phone calls, they hook me up with Albany, they said my EAD is enough prove that i can stay legally in the country therefore my local DMV should extend my permit....

I called the ladies, fought them for a half hour, talk with a supervisor and they told me to take my whole papers even my I-797, and get back there, i did, they printed all my papers, they faxed them to Albany and they said now I have to wait until Albany contact USCIS to check on my paperwork and only then ill be able to schedule a new road test......

Something funny, my green card should be here like in a month.... i came home after all that, so disappointed ... open my mail... MY GREEN CARD WAS THERE!!!!!!!!!!!!!!!!!!!!!!!!

I dont know if been happy for it or just kick my mail box lol

Thx everyone for ur help tho!!!

[ibee 7]

Yay congrats ! BE happy, don't take it out on the mailbox

[Harsh_77 716]

I see that you just got your green card production email .

Go again and show them the email. I went the day I received my green card in production email and showed the DMV guy the email and IT WORKED for me! Hope it works for you too!

I'm in PA and they have really strict laws about who can get DL. Sounds very similar to your case/your DMV. Pending AOS does not give legal status ... which is why some states won't issue DL unless you've got proof of legal status (valid visa, green card)

Please let us know if you try it and if it works !?

In Tx I dont think just the letter works, one needs to provide the actual GC as they make the copy of the GC.

When one is on the I551 or conditional GC they put "limited term" on the top.

[Harsh_77 716]

Seriously ? I don't see how this has anything to do with illegal immigration.

Earlier the DL did not had anything to do with your immigration status... they were not asking any document to show how you came to country.

As it was always understood the DL is a state matter and immigration was Fed matter.

Last few years lost of southern states have been complaining that Feds are not doing enough to curb the illegal immigration and hence the state laws were passed on how to and whom to issue a DL.

To curb the illegal immigration they have started to ask one to prove they are in country legally and once they prove that the lic is only issued upto the expiry date of i-94.

Which was not the case earlier everyone used to get blindly for 6 years, everytime you renew the DL.

[ibee 7]

I know exactly what you are referring to... it is called the Real ID act...

The thing is, though, that some states (Pennsylvania for example) have ALWAYS had strict DL laws. Even before 9/11, one had to have ssn AND prove legal status to get DL in PA.

I was referring to this statement:

" The DL is a state law lot of the states are getting much stricter on the DL as feds are not doing enough to curb the illegal immigration. "

Everyone has to follow federal law. Some states decide they want their laws more strict. It has nothing to do with curbing illegal immigration. The state can't do much about that. Some states just choose not to give out DL/ID unless people can prove legal status. It is STILL very possible to get a DL from other states (Maryland) without proof of status. See the problem there? The state that requires proof of legal status is not really curbing illegal immigration... it's just sending those who don't have it to a different state.

And this:

"Unfortunately ppl like you and me who go thru the legal process are getting impacted by such new laws."

Like I said, some of those laws are not new at all.. I think it's a cheap shot to try to blame it on the illegal immigrants, that's all.

[Miew-Miew 9]

I was going to start a new thread about this earlier, but found this thread in the search. Realizing the OP received her GC and can now take that into the DMV, here is what happened to us at the DMV in Texas yesterday.

Miew is on a K1 visa which expires on 26 AUG 2012. Her I-94 staes the same date. we were married in June and filed the I-485 in July.

When we got her licence yesterday they insisted on making the expiration date as the date her visa expired (which is in 11 days!), even though we were married and already started the AOS procedures. We received the first I-797, but that specifically states it does not = benefits.

They told her the license would only be good until 26 AUG but that we might as well go through with it because they will scan all the documents in when we do get the new document granting her the residency requirements and it's easier to get a new DL when it has been expired instead of starting from scratch.

With that being said, what document am I waiting for? The Greencard that comes after the I-485 has been received/approved and there are no RFEs?

[F & J 21]

Wow, it really does seem like some DMVs are stricter than others. I applied for a State ID back in January here in Michigan with my current green card (exp. in April) and extension letter and they didn't give me a hard time. They processed my application and did a check with the Systematic Alien Verification for Entitlements (SAVE) Program then my State ID came in the mail with expiration date of 2015 (I thought they were only going to issue it with expiration date according to my extension letter)!!!

[ibee 7]

I was going to start a new thread about this earlier, but found this thread in the search. Realizing the OP received her GC and can now take that into the DMV, here is what happened to us at the DMV in Texas yesterday.

Miew is on a K1 visa which expires on 26 AUG 2012. Her I-94 staes the same date. we were married in June and filed the I-485 in July.

When we got her licence yesterday they insisted on making the expiration date as the date her visa expired (which is in 11 days!), even though we were married and already started the AOS procedures. We received the first I-797, but that specifically states it does not = benefits.

They told her the license would only be good until 26 AUG but that we might as well go through with it because they will scan all the documents in when we do get the new document granting her the residency requirements and it's easier to get a new DL when it has been expired instead of starting from scratch.

With that being said, what document am I waiting for? The Greencard that comes after the I-485 has been received/approved and there are no RFEs?

Miew SHOULD be able to renew license when the EAD arrives! See this http://immigrationvo...in-houston.html

I would suggest that AS SOON AS Miew receives the EAD, go straight to Social Security Administration and apply for SSN. They will tell you that the SSN will arrive in the mail within two weeks, BUT if you go back to the SS Administation the NEXT day, they will give you the SSN #! And you can take that to the DMV along with the EAD.

They will only issue license until the EAD expires.

And you will have to go back with the green card a year later to renew to regular license

Edited August 15, 2012 by ibee

[ibee 7]

When I say 'you" I mean Miew and you.. as in you guys..