Has anyone been able to get a state ID while waiting for AoS from B1/B2 (tourist visa)?

[chiks24 11]

A month ago we went to get my spouse's state ID at the Texas DPS but were refused because

(1) she does not have an SSN and

(2) she can't get an SSN Waiver even with the NOA1 (coz she has apparently already applied for SSN via the filed immigration forms?)

 

I'm confused about point 2. When we check "yes" to the portion on the papers that ask if we would like to get the SS card, does that imply we have "already applied" for the SSN and hence makes her ineligible for the SSN Waiver? 

 

Person at the DPS said she would be committing fraud if she used the waiver.

[Crazy Cat 39,218]

25 minutes ago, chiks24 said:

When we check "yes" to the portion on the papers that ask if we would like to get the SS card, does that imply we have "already applied" for the SSN

In my opinion, marking "yes" in items 14 & 15 on the I765 , is applying for a Social Security Card.  The waiver forms I have seen do say you are not eligible for the waiver if you have previously applied for a SS number.  I think they are technically correct.  How many DPS offices have you tried?  

Edited November 24, 2020 by Lucky Cat

[HRQX 4,145]

29 minutes ago, chiks24 said:

I'm confused about point 2. When we check "yes" to the portion on the papers that ask if we would like to get the SS card, does that imply we have "already applied" for the SSN and hence makes her ineligible for the SSN Waiver? 

 

Person at the DPS said she would be committing fraud if she used the waiver.

Try a different DPS. SSN still hasn't been applied for since SSA still doesn't have record of SSN request. USCIS will only forward the SSN request to SSA after I-765 approval (if you consented in the relevant questions).

Edited November 24, 2020 by HRQX

[Crazy Cat 39,218]

1 minute ago, HRQX said:

Try a different DPS. SSN still hasn't been applied for since SSA still doesn't have record of SSN request. USCIS will only forward the SSN request to SSA after I-765 approval.

Yep, that is what I would do, too......try another DPS office.  

 

[SusnOwen 131]

Not sure of the laws in your state - Where we live, they have a "Real ID" program that undocumented individuals can get an ID / License.  You have to apply for a learner's permit, even if you held a foreign license.  We waited until my husband's I-94 expired, and then were able to schedule his appointment to get his learners' permit.  He takes his behind the wheel test on Friday, but he already has the state learner's permit as ID.

[HRQX 4,145]

5 hours ago, SusnOwen said:

Where we live, they have a "Real ID" program that undocumented individuals can get an ID / License.

Where OP lives at (Texas) lawful presence is needed. https://www.dps.texas.gov/driverlicense/lawfulstatusdlid.htm

 

OP has "lawful presence" because OP is an AOS applicant.

[SusnOwen 131]

1 hour ago, HRQX said:

Where OP lives at (Texas) lawful presence is needed. 

 

OP has "lawful presence" because OP is an AOS applicant.

As does my husband, we had filed AOS prior to applying for the license.  However, without an actual Green Card in hand, this is the route we had to take to get his driver's license.  I wasn't commenting as to the requirements in Texas, just sharing my experience in my state.  Obviously, requirements vary state to state, so the person would need to check their state.  If I simply looked to get a state ID or DL here, we wouldn't have been allowed to get one for him yet.  By following this route, we could get it.

[Pinkrlion 2,607]

With everyone needing to comply with REAL ID requirements, it is most likely not going to happen until receipt of GC and SSN.

[HRQX 4,145]

8 minutes ago, Pinkrlion said:

With everyone needing to comply with REAL ID requirements, it is most likely not going to happen until receipt of GC and SSN.

States can still issue regular (non-compliant) DLs and IDs. In TX, the non-compliant cards don't have the star: https://www.dps.texas.gov/DriverLicense/federalRealIdAct.htm "If your card does not have the star, you can continue to use the card after October 1, 2021, but it will only be accepted for state-related purposes such as driving (driver license only), banking, and voting." Also note that compliant cards technically don't require SSN per both TX law and the Real ID Act of 2005. https://www.congress.gov/bill/109th-congress/house-bill/418/text "Proof of the person's social security account number or verification that the person is not eligible for a social security account number." An AOS from B-2 applicant is not eligible for SSN before receiving either EAD or GC.

[chiks24 11]

On 11/25/2020 at 12:31 PM, HRQX said:

States can still issue regular (non-compliant) DLs and IDs. In TX, the non-compliant cards don't have the star: https://www.dps.texas.gov/DriverLicense/federalRealIdAct.htm "If your card does not have the star, you can continue to use the card after October 1, 2021, but it will only be accepted for state-related purposes such as driving (driver license only), banking, and voting." Also note that compliant cards technically don't require SSN per both TX law and the Real ID Act of 2005. https://www.congress.gov/bill/109th-congress/house-bill/418/text "Proof of the person's social security account number or verification that the person is not eligible for a social security account number." An AOS from B-2 applicant is not eligible for SSN before receiving either EAD or GC.

I took my I-797 (NOA) with me to the DPS. They did not even look at it and kept looking at us like we're crazy trying to get a state ID without SSN lol. I guess I will have to go to another DPS and try my luck there as others have mentioned above.

 

It is pretty surprising that this is such a painful and vague process just to get an ID!