DMV (CA) tells me they cannot issue me a Driving licence when I passed written and behind the wheel (details inside)

[quesma 10]

HI VJ members!

I entered US on a K1 visa in end of march. I married after a few days and end of April I got my marriage certificate. Yesterday I sent my I-485, I-765, I-131. Before that, I went DMV (CA) in mid April and got my driving permit. Today I went for behind the wheel and passed that too. When I went to the counter they told me they cannot issue me a licence because my legal presence in US is till end of June and that is less than 60 days away. They require my proof of legal presence in US after June which I cannot provide at this time. I will get NOA1 from USCIS for my submitted I-485 soon, can I use that as my proof of legal presence in US after June? I have to drive on daily basis but I am totally confused as DMV wont give me anything in writing. I passed written and behind the wheel tests but I am still unable to get licence. Any suggestions? Can I still drive based on my passed result?

Thanks.

[newacct 688]

That's expected. They won't issue a license when your status is less than 60 days away from expiring (and even if you got it when more than 60 days before your I-94 expiring, it would expire when your I-94 expires anyway). And an I-485 receipt doesn't count as legal presence document either. You will have to wait until you get an EAD or green card to be able to satisfy the legal presence document requirement. Another option is you could get an AB60 driver's license instead, which doesn't require a legal presence document.

Edited May 13, 2016 by newacct

[Boiler 47,582]

EAD is usually the first document you get that meets DMV requirements.

[KayDeeCee 4,902]

~ Moved from AOS from Family Based Visas to Moving to the US and Your New Life in America - topic is about getting license ~

[asad313 18]

My wife was in a similar situation where the DMV refused to renew her DL once her conditional green card expired - even though we had the NOA1 from the AOS stating that she had been granted residency for another year.

Long story short, after being screwed by the DMV office in Sacramento, I dug up the email address for the DMV Director who reports to the Governor of California. Within minutes of sending my email, her staff reached out to me to apologize and resolved the issue.

Does your NOA1 explicitly state that it grants you legal status? If so, PM me and I can give you a contact of who to email. You would need to send a scan of your NOA1 along with proof that you passed the written and driving tests.

HI VJ members!

I entered US on a K1 visa in end of march. I married after a few days and end of April I got my marriage certificate. Yesterday I sent my I-485, I-765, I-131. Before that, I went DMV (CA) in mid April and got my driving permit. Today I went for behind the wheel and passed that too. When I went to the counter they told me they cannot issue me a licence because my legal presence in US is till end of June and that is less than 60 days away. They require my proof of legal presence in US after June which I cannot provide at this time. I will get NOA1 from USCIS for my submitted I-485 soon, can I use that as my proof of legal presence in US after June? I have to drive on daily basis but I am totally confused as DMV wont give me anything in writing. I passed written and behind the wheel tests but I am still unable to get licence. Any suggestions? Can I still drive based on my passed result?

Thanks.

[M&A2 5]

As thr ither advice you, you cant drive based on that passing test. When I got there to ask, thay said me that I needed 6 points, which 4 was from green card, the gay at the first desk didnt say anything about EAD, but maybe he doesnt know much. I am driving useing my International Driving Lichence that I got in my country before I left, and is available for 1 year, so I didnt worry much and havent been askinf for the test yet.

Hope you will get the EAD SOON and it will help you get your driving licence. Its true thst you can not do anything without it

Good luck

[quesma 10]

My wife was in a similar situation where the DMV refused to renew her DL once her conditional green card expired - even though we had the NOA1 from the AOS stating that she had been granted residency for another year.

Long story short, after being screwed by the DMV office in Sacramento, I dug up the email address for the DMV Director who reports to the Governor of California. Within minutes of sending my email, her staff reached out to me to apologize and resolved the issue.

Does your NOA1 explicitly state that it grants you legal status? If so, PM me and I can give you a contact of who to email. You would need to send a scan of your NOA1 along with proof that you passed the written and driving tests.

I have not gotten the NOA1 yet and most probably it wont give me any word on residency (just that my application is under consideration). I am totally confused and in dire need of the licence.

[Boiler 47,582]

You are currently here under the Colour of Law, most States require at least EAD.

[yuna628 9,884]

I'm surprised you got that far without an EAD

But yes, return to the DMV when you have your EAD, you should have no problems then. The NOA1 won't be an acceptable document.

I'm sorry you need transportation OP, but you'll need to find some other way to get around, because you can't drive legally without a license. The DMV should have told you this before even letting you take the tests.

[Unlockable 7,322]

Unfortunately, you have to wait until your receive either your EAD or green card.

[NickandAngi 8]

I had to wait to get my EAD before DMV CA would even see me, let alone issue a license. I have it now, but it expires along with my EAD in a year. However, in the interim, before I got my CA license I was driving using my UK Driving License and International Permit which was valid for a year. Do you have an international drivers permit?

[Boiler 47,582]

I had to wait to get my EAD before DMV CA would even see me, let alone issue a license. I have it now, but it expires along with my EAD in a year. However, in the interim, before I got my CA license I was driving using my UK Driving License and International Permit which was valid for a year. Do you have an international drivers permit?

You did not need a IDP assuming it was a UK license.

The OP is a resident so different rules to visitors. I seem to remember that new residents are only allows a matter of days in CA. Colorado used to allow 3 months, may have changed.

[Pinkrlion 2,725]

How will you obtain car insurance without a valid drivers license. It is illegal to drive without a license, and it is illegal to drive without insurance.

[3rd 84]

You did not need a IDP assuming it was a UK license.

The OP is a resident so different rules to visitors. I seem to remember that new residents are only allows a matter of days in CA. Colorado used to allow 3 months, may have changed.

This is correct. Once you become a resident in CA you must apply for a CA license in 10 days, so you can no longer use your international license.

I wouldn't risk getting pulled over and showing a foreign license regardless.

Edited May 13, 2016 by 3rd

[Hamidparis 29]

I passed my driving licence a month ago without any issue in Oakland CA, I haven't got any visa yet as my interview is on the 25th, I just used my I-94 and the gave me a three months DL which i'll update with my alien number once i get it.

Apparently there is a law in CA that allows anyone to have a driving licence included illegal aliens.