Driver's License

[JandJ2016 0]

Does anyone have any info on how to get a driver's license while waiting for EAD/green card? We've filed everything we need to and my husband took and passed all the tests, but the DMV said he needed a valid 797. We have plenty of them, but none give dates, which they were wanting. The only dates on the 797's are when the packets, etc. were received. Do we just try out luck and bring the NOA we received when his K1 was approved. We live in Virginia, and I can't find anything on the DMV website about this. I checked a million times before we were and was sure we had all the necessary paperwork, but it seems we didn't. Just didn't know if anyone else had any experience with it.

Thank you,

Jess

[Becci391 339]

23 minutes ago, JandJ2016 said:

Does anyone have any info on how to get a driver's license while waiting for EAD/green card? We've filed everything we need to and my husband took and passed all the tests, but the DMV said he needed a valid 797. We have plenty of them, but none give dates, which they were wanting. The only dates on the 797's are when the packets, etc. were received. Do we just try out luck and bring the NOA we received when his K1 was approved. We live in Virginia, and I can't find anything on the DMV website about this. I checked a million times before we were and was sure we had all the necessary paperwork, but it seems we didn't. Just didn't know if anyone else had any experience with it.

Thank you,

Jess

What is wrong with the I-797c or I-797? What date do they want to see?

I don't think you can use the I-797 or I-797C  from your K1 because that's a complete different case.

[JandJ2016 0]

21 minutes ago, Becci391 said:

What is wrong with the I-797c or I-797? What date do they want to see?

I don't think you can use the I-797 or I-797C  from your K1 because that's a complete different case.

From what we were told, they want one that has a date. We have I-797's for both his EAD and his AOS, but they don't have a validity date or something on them. We really just need to make sure he can get a driver's license while we wait for his green card so he can work with his EAD, but it's sounding like he can't get on. Not in Virginia, anyway.

[geowrian 22,336]

Laws vary from state to state on this subject. I don't know VA's laws, sorry. But it's not unusual for the DMV not to issue a driver's license after an I-94 is expired (based on your timeline this is the case) but before you receive your EAD. The issue is you don't have any legal status. You have authorized stay while AOS is pending (so you can't be deported just for being in the US), but no actual legal status.

 

Hopefully somebody from VA can chime in and confirm VA's DMV's policies. Best wishes!

[Dutchster 1,106]

It really varies from state to state but before I received my EAD, I tried getting a TN drivers license with my AOS NOA1. I was in E-Verify/SAVE for friggin' two months almost before it got through. (They have level 1, 2, 3. 3 means they cannot verify you with the documents provided and it'll take an additional 25 workdays or more)

I do not recommend going through the hassle.

[JandJ2016 0]

19 minutes ago, Dutchster said:

It really varies from state to state but before I received my EAD, I tried getting a TN drivers license with my AOS NOA1. I was in E-Verify/SAVE for friggin' two months almost before it got through. (They have level 1, 2, 3. 3 means they cannot verify you with the documents provided and it'll take an additional 25 workdays or more)

I do not recommend going through the hassle.

But you were able to get your license once you got your EAD?

[JandJ2016 0]

27 minutes ago, geowrian said:

Laws vary from state to state on this subject. I don't know VA's laws, sorry. But it's not unusual for the DMV not to issue a driver's license after an I-94 is expired (based on your timeline this is the case) but before you receive your EAD. The issue is you don't have any legal status. You have authorized stay while AOS is pending (so you can't be deported just for being in the US), but no actual legal status.

 

Hopefully somebody from VA can chime in and confirm VA's DMV's policies. Best wishes!

Ahhh, that makes sense! Thank you!

[Dutchster 1,106]

Just now, JandJ2016 said:

But you were able to get your license once you got your EAD?

Yes ma'am. Little back story; They called my verification finally got through (with the NOA1) so I could come in and either get a permit or do a drivers test the next day. Nonetheless I chose the drivers test the next day and came in. I showed them my EAD right away and she was like, "Oh, that's all we needed! Would have saved both of us a lot of hassle huh!" I had my license within a half an hour. No stuck in verification, nothing.

[JandJ2016 0]

18 minutes ago, Dutchster said:

Yes ma'am. Little back story; They called my verification finally got through (with the NOA1) so I could come in and either get a permit or do a drivers test the next day. Nonetheless I chose the drivers test the next day and came in. I showed them my EAD right away and she was like, "Oh, that's all we needed! Would have saved both of us a lot of hassle huh!" I had my license within a half an hour. No stuck in verification, nothing.

That's a relief to know! I was worried we'd have to wait for his green card and was scrambling, trying to think how he'd get to work! I drive all day for my job and have varied hours, so it's not like he could take me to work or I could take him, lol. Thank you!

[Dutchster 1,106]

You might want to check this out; https://www.dmv.virginia.gov/apps/documentbuilder/date_type.aspx

 

I filled it out real quick and it says they accept an unexpired employment authorization document as proof of legal stay. Good luck!

Edited May 10, 2017 by Dutchster

[JandJ2016 0]

18 minutes ago, Dutchster said:

You might want to check this out; https://www.dmv.virginia.gov/apps/documentbuilder/date_type.aspx

 

I filled it out real quick and it says the accept an unexpired employment authorization document as proof of legal stay. Good luck!

Thanks! yeah, we did that before and brought along his passport with his visa and I-94 (which the documents list states can be expired or unexpired). The ladies at the desk accepted it and were surprised when the system wouldn't allow them to process it. We had to wait for a call from the capital in Richmond and they said they needed a 797. We took the NOA1 we had and they said that didn't work, so we thought we just had to wait for his green card. Guess we will try again once we have his EAD. They saved everything and said his tests would be good for 6 months, and he should have his EAD well before that!

[randomstairs 270]

They need an approval notice. Unfortunately the EAD will not cut it: "DMV does not accept the Employment Authorization Document (I-766) as proof of legal presence. " Virginia is strange like that. EAD/AP does not prove your legal status. 

[randomstairs 270]

Here is the reference: https://www.dmv.virginia.gov/webdoc/pdf/ead_chart.pdf

[geowrian 22,336]

13 minutes ago, randomstairs said:

They need an approval notice. Unfortunately the EAD will not cut it: "DMV does not accept the Employment Authorization Document (I-766) as proof of legal presence. " Virginia is strange like that. EAD/AP does not prove your legal status. 

 

11 minutes ago, randomstairs said:

Here is the reference: https://www.dmv.virginia.gov/webdoc/pdf/ead_chart.pdf

That says an I-797 (which is the form type for both a NOA1 and NOA2) for an I-485 is accepted. As such, providing the I-485's NOA1 as proof of authorized stay + an EAD meets the requirements for them to proceed.

 

See here for the list of required documents (item in bold is satisfied via the EAD + NOA1):

https://www.dmv.virginia.gov/webdoc/pdf/dmv141.pdf

• Two proofs of identity
  • Two from the primary list, or
  • One from the primary and one from the secondary list
  • Individuals under the age of 19 are required to provide only one proof of identity from the primary list.
• One proof of Virginia residency
• One proof of legal presence in U.S.
• One proof of your social security number, if applicable
  • Required for CDL and Commercial Learner’s Permit
  • Not required for an ID card

 

The NOA1 itself should satisfy the legal presence requirement IMHO, but it seems like they only treat it as such when combined with the EAD.

Edited May 11, 2017 by geowrian

[doggieandsam 765]

10 hours ago, JandJ2016 said:

Thanks! yeah, we did that before and brought along his passport with his visa and I-94 (which the documents list states can be expired or unexpired). The ladies at the desk accepted it and were surprised when the system wouldn't allow them to process it. We had to wait for a call from the capital in Richmond and they said they needed a 797. We took the NOA1 we had and they said that didn't work, so we thought we just had to wait for his green card. Guess we will try again once we have his EAD. They saved everything and said his tests would be good for 6 months, and he should have his EAD well before that!

Bummer! I will be moving to VA too and i was hoping that I could get a license even before i get my EAD as long as I apply while my I-194 is still valid.

 

So it really is not possible with just an unexpired 1-194? Even if its just a temp license? =(