Does DMV in CA issue learners license to candidates with expired I-94?

[divs76 0]

Does anybody know whether DMV in CA issue learners license to immigrants with AOS approval pending and K1/I-94 expired?

My I-94 expired in March 07.

So would the validity of I-94 be questioned or the NOA2, approval for I-129F be sufficient documentary evidence for the DMV?

[Trompe le Monde 1,107]

They will with a valid EAD

[divs76 0]

well, i just applied for my AOS and EAD today!!

Thats the reason i ask whether the NOA-2 is sufficient cuz i read some where that it is..but not sure whether for CA.

[perfect 39]

CA DMV will not issue learner's permit with expired I-94 or with NOA2 from I-129F petition. A valid I-94/K1/K2 must have 60 days validity remaining otherwise they won't issue, although some offices may let you start the application process.

"Your BD/LP document must have an expiration date 30 or more days from your application date. If your BD/LP document has an expiration date less than 30 days, you will not be able to start a driver license or identification card application.

If your BD/LP document has an expiration date of less than 60 days, you may complete your licensing requirements (written/vision/driving tests), but you will need to submit another BD/LP document with an expiration date of 60 days or more before your driver license or identification card is mailed to you. "

You have to provide proof of current status i.e. non-expired. They will not accept NOA1 for AOS but they will accept NOA2 for AOS (not for I-129F - you actually would have to show them the visa with 60 days validity remaining).

See link or list below: http://www.dmv.ca.gov/dl/dl_info.htm#BDLP

Only the original or a certified copy of one of the following documents is acceptable:

Permanent Resident Card

Valid foreign passport with a valid Record of Arrival/Departure (form I-94)

Employment Authorization Card

Permanent Resident Re-entry Permit

"Processed for I-551" stamped in a valid foreign passport

Notice of Action (I-797 Approved Petition (Though it doesn't stipulate this refers to AOS once your I-94 is no longer valid from a K1)

[Jasman0717 8]

Claudeth couldn't even get a California I.D. without something offical from the USCIS. She was able to get the I.D. when she received her EAD.

[divs76 0]

Perfect!!

thanks for the reply!!

that gives a lot of clarity...

i was never aware of this norm...unfortunate as i was planning to drive with my friend to Minnesota from CA.

She asked me to get the learners so that we can take turns and drive ..

I have a valid drivers license from india...guess thats of no use over here..

:-(

so nothing i could do now apart from waiting..

[ELW 5]

Thanks perfect, for the detailed post!

My husband tried to apply for an ID card at the DMV, but they said he could not apply for it until he had been in the USA over 60 days (there was some meeting and discussions among staff before they announced that). If the I-94 expires after 90 days of arriving in USA, and he cannot apply until he has been here over 60 days AND the I-94 has LESS than 60 days till it expires, it looks like he cannot apply at all until he receives the EAD (or green card? or both??). Sheesh!

Edited July 15, 2007 by ELW

[brtlmj 0]

I have a valid drivers license from india...guess thats of no use over here..

It's a matter of interpretation. For example, some consider themselves non-resident until they get their EADs, and keep on using their foreign licenses. That's what I did - fortunately I could get insured with my foreign license.

I am not aware of anyone having any problems due to using his/her foreign license while waiting for AOS.

Bartek

[divs76 0]

So do you mean that i can use my indian drivers license to drive over here?!

[perfect 39]

Theoretically, no - but people do. According to California DMV you have can only use it for ten days if you become a resident (which filing AOS will be assumed) - "If you take a job here or become a resident, you must get a California driver license within 10 days."

http://www.dmv.ca.gov/dl/dl_info.htm#2500

You can try it but I haev had friends who have had Texas DL's and because they have been here more than ten days (discrepancy between DL and Insurance etc was checked) they had to pay for a fix-it ticket and get a CA DL ASAP (which they could because they were a USC) but which you would not be able to do because you have to await EAD/AOS) Calculated risk!!!

[brtlmj 0]

Theoretically, no - but people do. According to California DMV you have can only use it for ten days if you become a resident (which filing AOS will be assumed) - "If you take a job here or become a resident, you must get a California driver license within 10 days.

One could argue that if filing for AOS made one a resident, then NOA1 would be enough to get a license.

[perfect 39]

Not really because DMV are only interested in an APPROVED application - an NOA1 simply is confirmation that an application has been received - hence teh request for at least an NOA2 (approval notice). Simply filing for AOS does not guarantee approval of AOS and residency by it.

[*Maureen* 0]

I know each state is different, where I live my husband needed 3 pieces of document "proof of residency" and they all had to be originals- no copies i.e. passport, visa, NOA from AOS (DMV wanted something that showed his residence)

[brtlmj 0]

Not really because DMV are only interested in an APPROVED application - an NOA1 simply is confirmation that an application has been received - hence teh request for at least an NOA2 (approval notice).

...which is fine, because then one is not a resident until AOS is approved, and can use his/her foreign license.

The real problem is that, according to some interpretations, one can be a nonresident according to USCIS and not eligible for a CA driver license, but a resident according to DMV and unable to use a foreign license.

Edited July 19, 2007 by brtlmj

[~*Maria*~ 1]

If you dont have a SSN, EAD nor a GC then they require a valid I-94 with a valid foreign passport but since your I-94 has expired and you dont have yourSSN, EAD nor your Greencard yet then its unlikely they will issue you a learners license.