Texas Driving License while adjusting status

[zham 12]

My fiancé entered the US on K1 visa, we got married and already submitted AOS package.

We also received the I 797 receipt.

 

She applied for DL in Texas and got one but turns out it expires on same day I-94 expires  - because that is when her lawful precense expires. 

Has anyone been able to receive a DL in Texas while waiting on EAD / Green Card?

 

Digging a bit deeper, https://www.dps.texas.gov/sites/default/files/documents/driverlicense/documents/verifyinglawfulpresence.pdf  PAGE 3 , clearly states that a "PENDING I-485" should be enough to prove lawful presence in USA. Any thoughts on that?

 

[Ontarkie 13,911]

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[Unlockable 7,306]

1 hour ago, zham said:

My fiancé entered the US on K1 visa, we got married and already submitted AOS package.

We also received the I 797 receipt.

 

She applied for DL in Texas and got one but turns out it expires on same day I-94 expires  - because that is when her lawful precense expires. 

Has anyone been able to receive a DL in Texas while waiting on EAD / Green Card?

 

Digging a bit deeper, https://www.dps.texas.gov/sites/default/files/documents/driverlicense/documents/verifyinglawfulpresence.pdf  PAGE 3 , clearly states that a "PENDING I-485" should be enough to prove lawful presence in USA. Any thoughts on that?

 

That sounds about right. The reason it has the same expiration as the I94 is because she is still not a permanent resident and can still be denied permanent residency. The I-485 receipt only gives her authorized stay, it does not give her legal status.

 

To further explain, let's say that for some reason her AOS is completely denied (which is highly unlikely to happen, btw). She would no longer have authorized stay until you either file another AOS/waiver/appeal. Which means she is deportable. Everything is up in the air until she gets that green card in her hands. So when her DL expires, she will go to the DMV and they will see if she is either still in authorized stay, a legal permanent resident, or neither. If she is one of the two former, they will extend her DL. If she is not, they won't extend it.

And this is one of many reasons why many of us on this site share the sentiment that the K1 sucks. (I did a K1 for my wife, btw, and wouldn't recommend it to anyone who didn't have to do it).

[HRQX 4,145]

2 hours ago, zham said:

Has anyone been able to receive a DL in Texas while waiting on EAD / Green Card?

Yes. When close to (or after) the expiration date renew it. They may provide a phone number so that she can follow-up with HQ in Austin:

25 minutes ago, Unlockable said:

That sounds about right.

Nope. The DPS manual OP linked to is explicitly clear. The following Texas DL applicants have reported getting a full-term DL with the I-485 receipt notice:

 

Edited April 26, 2021 by HRQX

[JSWH 261]

On 4/26/2021 at 4:44 PM, zham said:

 

Has anyone been able to receive a DL in Texas while waiting on EAD / Green Card?

 

I have. I was issued 1-year DL with pending I-485 application before I received EAD. I was able to renew DL after it's expiration with EAD, for 1 more year. When AOS finally was approved and I got a green card (it took good 19 months), I was issued full-term (6 year) DL. 

Unfortunately, many DPS employees are not closely familiar with regulations when it comes to immigrants. They prefer to interpret the rules the way that is convenient for them rather than figure things out. Asking to speak with supervisor may help. My DPS office was Rosenberg, Houston. 

[Joe Kano 327]

On 4/26/2021 at 4:44 PM, zham said:

My fiancé entered the US on K1 visa, we got married and already submitted AOS package.

We also received the I 797 receipt.

 

She applied for DL in Texas and got one but turns out it expires on same day I-94 expires  - because that is when her lawful precense expires. 

Has anyone been able to receive a DL in Texas while waiting on EAD / Green Card?

 

Digging a bit deeper, https://www.dps.texas.gov/sites/default/files/documents/driverlicense/documents/verifyinglawfulpresence.pdf  PAGE 3 , clearly states that a "PENDING I-485" should be enough to prove lawful presence in USA. Any thoughts on that?

 

She can get a DL or ID but it will expire the the day her I-94 expires, I got my wife a ID so she could have some form of Texas Issued ID.  It had like 20 days to expiration, but worked well for ID to get bank account, etc.

 

You will have to wait until Greencard or EAD card arrives before they will give her a DL or ID now.

 

Unlike in the past you can't have both a Texas DL and ID 

 

If she has a DL from another country she can drive on that in Texas

Edited April 28, 2021 by Joe Kano

[Sparkle Sparkle 913]

BUMP

 

[HRQX 4,145]

11 hours ago, Joe Kano said:

You will have to wait until Greencard or EAD card arrives before they will give her a DL or ID now.

That is incorrect. She can renew the DL with the I-485 receipt notice. If the first DPS employee is not knowledgeable then ask for a supervisor or try a different DPS office.

[Joe Kano 327]

6 minutes ago, HRQX said:

That is incorrect. She can renew the DL with the I-485 receipt notice. If the first DPS employee is not knowledgeable then ask for a supervisor or try a different DPS office.

You may be right on that, we didn't try that path.  I got my fiancee  at the time a Texas ID since she had time on left her I94.  

 

We waited till she had greencard to get her DL so she could also learn to drive, she had a Philippines DL but she didn't know how to drive.

[Ecaen87 43]

Yes you can, go prepared. Print that page and show it to them. I did it back in 2017 and 2018 before I got my GC. They first told me no, I do not qualify, so I kept insisting, asked for a supervisor, I showed them those printed pages from their own website at DPS. They finally agreed and they did a verification through SAVE system, it took about 7-10 more days to get an answer then and I was issued a Limited Term DL for 1 year. BTW somebody said earlier that applicants for AOS have no legal status, that is incorrect, they do have full legal status.

Edited April 30, 2021 by Ecaen87

[Chancy 6,233]

On 4/30/2021 at 10:17 PM, Ecaen87 said:

somebody said earlier that applicants for AOS have no legal status, that is incorrect, they do have full legal status.

 

Your statement goes against USCIS guidance.  Applicants pending AOS have no legal immigration status, but they are authorized to stay in the US.  Here is the official USCIS policy page that spells it out -- https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

 

[Ecaen87 43]

6 hours ago, Chancy said:

 

Your statement goes against USCIS guidance.  Applicants pending AOS have no legal immigration status, but they are authorized to stay in the US.  Here is the official USCIS policy page that spells it out -- https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

 

I read that, no where I found anything about AOS, they talked about pending adjustments like I129 and I539, they even have an example, and there is no mention of any pending adjustment of status to LPR. Only other types of adjustments or change of status.

[Chancy 6,233]

23 minutes ago, Ecaen87 said:

I read that, no where I found anything about AOS, they talked about pending adjustments like I129 and I539, they even have an example, and there is no mention of any pending adjustment of status to LPR. Only other types of adjustments or change of status.

 

I-129 and I-539 are not applications for adjustment.  With regard to US immigration status, "adjustment" and "change" are not interchangeable terms.  I suggest you do a bit of reading on the mentioned USCIS terms and processes, then re-read the policy page again.

 

[HRQX 4,145]

30 minutes ago, Ecaen87 said:

I read that, no where I found anything about AOS

https://www.uscis.gov/sites/default/files/document/memos/revision_redesign_AFM.PDF "As discussed in chapters 40.9.2(b)(2) and (3), there are situations in which an alien who is present in an unlawful status nevertheless does not accrue unlawful presence. As a matter of prosecutorial discretion, DHS may permit an alien who is present in the United States unlawfully, but who has pending an application that stops the accrual of unlawful presence, to remain in the United States while that application is pending. In this sense, the alien's remaining can be said to be "authorized." However, the fact that the alien does not accrue unlawful presence does not mean that the alien's presence in the United States is actually lawful."

[zham 12]

Thanks for all the answers. Just to update you, we were able to get my wife a Texas DL with a pending AOS

 

 

On 4/28/2021 at 4:57 AM, Joe Kano said:

She can get a DL or ID but it will expire the the day her I-94 expires, I got my wife a ID so she could have some form of Texas Issued ID.  It had like 20 days to expiration, but worked well for ID to get bank account, etc.

 

You will have to wait until Greencard or EAD card arrives before they will give her a DL or ID now.

 

Unlike in the past you can't have both a Texas DL and ID 

 

If she has a DL from another country she can drive on that in Texas

Thanks for your answer. We were able to get her a DL with a pending AOS