Driver's License

[doggieandsam 765]

1 hour ago, geowrian said:

 

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.

An unexpired I-194 cannot prove legal presence in the US?

[geowrian 22,336]

7 minutes ago, iamdegie said:

An unexpired I-194 cannot prove legal presence in the US?

A current I-94 is absolutely proof of legal presence (and legal status) in the US.

[Mama&Bbaby 1]

17 hours 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

Hi, I just got my drivers license last week, and that I-797 receipt notice is exactly what they need to process your license. It's NOT the K1 I-797 but the one you recently received from USCIS after you file your AOS that states USCIS received your Application for Adjustment of Status or Permanent Resident. That's what the DMV goes by for proof of identity, then bring I-94 which states when you arrived here in US what visa type you entered US, your social security card, proof of address which is mail you received from the address where you live, your marriage contract in case you are using your married name, your passport. By the way I am still waiting for my EAD. And above are all what I brought to the DMV OHIO and then they process my license. Good Luck! I hope this help. 

 

-jonajohns

[zilchfox 296]

I've had my license almost a month after I entered the U.S., as foreign licenses are considered no good after 30 days in the state of Georgia. Took the written/learners, and drivers tests back-to-back and passed no problem, I was originally granted a license that expired the same day my I-94 did. Afterwards, I had to demonstrate via NOA1 for my I-485 to qualify for a one-time 120 day extension, and then finally I had it further extended to the expiration date on my EAD just recently, and JUST before my green card was approved, so that kinda sucks, I could have waited and then I would have had an 8-year license instead of one that now expires in less than a year for the same cost (DMV in GA doesn't care if your green card is conditional or permanent, your license would be good for 8 years according to the lady at the counter, and the words "Limited Term" would be removed from the top of it).

 

Oh well.

[Suss&Camm 2,213]

1 hour ago, Mama&Bbaby said:

Hi, I just got my drivers license last week, and that I-797 receipt notice is exactly what they need to process your license. It's NOT the K1 I-797 but the one you recently received from USCIS after you file your AOS that states USCIS received your Application for Adjustment of Status or Permanent Resident. That's what the DMV goes by for proof of identity, then bring I-94 which states when you arrived here in US what visa type you entered US, your social security card, proof of address which is mail you received from the address where you live, your marriage contract in case you are using your married name, your passport. By the way I am still waiting for my EAD. And above are all what I brought to the DMV OHIO and then they process my license. Good Luck! I hope this help. 

 

-jonajohns

Exactly the same in Texas and how i did it. Virginia is supposed to be the same, but many run in to problems with DMV not very familiar with this...
There are also a number of states that specifically don't accept the i-485 NOA1.. One of the toughest states I've seen on here is Illinois.

[Dutchster 1,106]

You gotta be careful with federal institutions like the DMV for example. There are numerous of times when they actually have no clue of what they are doing with us immigrants. The lady at my DMV verified me through my passport/expired I-94, hence why I was in verification for so long. She didn't even bat an eye to the AOS I-797; "We'll try it with this first, okay?" To the point I stood there and she goes to me like, "You know, some people think we don't know what we are doing with cases like this but we do know what we are doing." Biggest snort I let out in my life, probably.

Anyways, OP, await the EAD and go try it again. Take the EAD, social security number, proof of residency etc and give it a try. It should be accepted. And also, you never know if you never try. We can give all the advise based on our state's experience but with immigration, I feel like you just got to try whatever.

Edited May 11, 2017 by Dutchster

[piff 46]

I dealt with VA DMV - fun! So what you need to do is either get them to scan those docs and send them to Richmond but I would get in touch with Richmond first - I even had to write a letter to the governor to authorize my wife getting a DL on B-1\B-2 visa. Let me know if you need contacts at DMV HQ in Richmond, I still have emails

[JandJ2016 0]

13 hours ago, randomstairs said:

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

So going by this, the 797 should be enough. We'll bring that with us and try again. We'll bring ALL of the NOA's with us this time, haha.

[JandJ2016 0]

1 hour ago, piff said:

I dealt with VA DMV - fun! So what you need to do is either get them to scan those docs and send them to Richmond but I would get in touch with Richmond first - I even had to write a letter to the governor to authorize my wife getting a DL on B-1\B-2 visa. Let me know if you need contacts at DMV HQ in Richmond, I still have emails

They did scan the docs and send them to Richmond. I think the problem is we submitted the wrong 797. We sent the one for the K1 visa, not the AOS. I think we'll just go back and bring them the latest NOA and hope that works. From what I've read here, it should, so that's a start! If not, we're a month into waiting for his EAD, so it shouldn't be too much longer until we have that. Thanks for your help!! I'll definitely touch base if we need more help with Richmond!

[tayro 6]

We are having the same problem is VA. My husband can finally work but they won't let him drive! So frustrating. Did you have any luck with the NOA1 from the AOS?? Thanks!!

 

[Becci391 339]

31 minutes ago, tayro said:

We are having the same problem is VA. My husband can finally work but they won't let him drive! So frustrating. Did you have any luck with the NOA1 from the AOS?? Thanks!!

 

I had to wait until my work permit was in the mail. I'm in GA.

[Dutchster 1,106]

I had to wait for my ead too. (TN)

[doggieandsam 765]

4 hours ago, tayro said:

We are having the same problem is VA. My husband can finally work but they won't let him drive! So frustrating. Did you have any luck with the NOA1 from the AOS?? Thanks!!

 

i live in VA and my local DMV accepted my AOS NOA1. They even allowed me to use my married name on my driver's license with just my marriage certificate (which is funny because in contrast, the SSA will not do it).

[CCCCCF 174]

On 1/23/2018 at 2:29 PM, doggieandsam said:

i live in VA and my local DMV accepted my AOS NOA1. They even allowed me to use my married name on my driver's license with just my marriage certificate (which is funny because in contrast, the SSA will not do it).

Hi, did you manage to get your driver's license with AOS NOA1? How was the whole process like? May I ask how long does the driver's license expire?

[Gibus 202]

For me they didn't accept my NOA1, because it didn't have an expiration date unlike an EAD card, they said.