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Posted

Hi everyone

I was wondering whether someone could enlighten me on the driving license situation for pending AOS interviewees.

I moved to the USA in August 2006 on L1A, married in November 2006 and have been driving on my UK license having being told I could drive on my UK license for 1 year (which I assumed would last the duration of my employment authorization card. My employment authorization runs out on 26th March 2008, but I have my AOS interview in December).

My wife's sister had to go to the DMV (in Louisiana) for something to do with her license and it kind of made me worry that perhaps I should get a Louisiana license. So I read up on the rules and took the 6 hours of drivers education yesterday hoping I could go the DMV tomorrow and take my test.

During this time, I emailed the DMV to make absolutely sure (note that my immigration attorney never gave me any advice about the laws surrounding this). They emailed me today and told me the following:

"Once you have established residence in Louisiana, you are required to apply for Louisiana license. If you have a UK license you are not required to take the 6 hour course (that is only for new drivers). You are required to have a minimum of 180 days left on your INS document in order to qualify."

I was horrified! I only have 137 days left on my employment authorization. I own two cars and have been driving them around quite unawares. My insurance company, Progressive, have quite happily been charging me the priviledge of having me as a customer with a UK license.

What can I do? I need my car to reach my business and to carry out my business in and around New Orleans. I am getting conflicting information and I am really worried now I cannot drive my car anymore.

Any help would be much appreciated.

Kindest regards

Mark

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Filed: AOS (apr) Country: Denmark
Timeline
Posted
Hi everyone

I was wondering whether someone could enlighten me on the driving license situation for pending AOS interviewees.

I moved to the USA in August 2006 on L1A, married in November 2006 and have been driving on my UK license having being told I could drive on my UK license for 1 year (which I assumed would last the duration of my employment authorization card. My employment authorization runs out on 26th March 2008, but I have my AOS interview in December).

My wife's sister had to go to the DMV (in Louisiana) for something to do with her license and it kind of made me worry that perhaps I should get a Louisiana license. So I read up on the rules and took the 6 hours of drivers education yesterday hoping I could go the DMV tomorrow and take my test.

During this time, I emailed the DMV to make absolutely sure (note that my immigration attorney never gave me any advice about the laws surrounding this). They emailed me today and told me the following:

"Once you have established residence in Louisiana, you are required to apply for Louisiana license. If you have a UK license you are not required to take the 6 hour course (that is only for new drivers). You are required to have a minimum of 180 days left on your INS document in order to qualify."

I was horrified! I only have 137 days left on my employment authorization. I own two cars and have been driving them around quite unawares. My insurance company, Progressive, have quite happily been charging me the priviledge of having me as a customer with a UK license.

What can I do? I need my car to reach my business and to carry out my business in and around New Orleans. I am getting conflicting information and I am really worried now I cannot drive my car anymore.

Any help would be much appreciated.

Kindest regards

Mark

I dont know if it can help you much, but have you gotten a notice of action?

https://web01.dps.louisiana.gov/OMV1.nsf/58...8f?OpenDocument

if you came in as a fiance and married your us citizen, then all you need is the marriage certificate and the i797

Dont know if this can will help you much, good luck

07/01/2007 Poe Newark

07/27/2007 Got Married :-)

09/07/2007 Sent Aos papers

09/09/2007 Papers received at chicago Lockbox

09/20/2007 Noa sent from uscis

09/24/2007 Received i797´s from uscis

10/04/2007 Received biometrics appointment letter

10/29/2007 Biometrics in new orleans

10/30/2007 Touched

11/21/2007 Ead i751 card production ordered

11/25/2007 Touched

11/28/2007 Receiced ead in the mail

11/28/2007 Touched

11/29/2007 Touched

12/14/2007 I485 transferred to csc

12/17/2007 Touched

12/21/2007 This case is now pending at the office to which it was transferred (Touched)

12/24/2007 Touched

12/26/2007 Touched

01/24/2008 Touched

02/04/2008 Card production ordered

02/05/2008 Welcome notice sent

02/06/2008 Approval notice sent

02/07/2008 Touched

02/09/2008 Received welcome notice and greencard in mail

11/02/2009 mailed out i751

11/06/2009 Noa

12/15/2009 Biometrics

Filed: AOS (pnd) Country: Brazil
Timeline
Posted
Hi everyone

I was wondering whether someone could enlighten me on the driving license situation for pending AOS interviewees.

I moved to the USA in August 2006 on L1A, married in November 2006 and have been driving on my UK license having being told I could drive on my UK license for 1 year (which I assumed would last the duration of my employment authorization card. My employment authorization runs out on 26th March 2008, but I have my AOS interview in December).

My wife's sister had to go to the DMV (in Louisiana) for something to do with her license and it kind of made me worry that perhaps I should get a Louisiana license. So I read up on the rules and took the 6 hours of drivers education yesterday hoping I could go the DMV tomorrow and take my test.

During this time, I emailed the DMV to make absolutely sure (note that my immigration attorney never gave me any advice about the laws surrounding this). They emailed me today and told me the following:

"Once you have established residence in Louisiana, you are required to apply for Louisiana license. If you have a UK license you are not required to take the 6 hour course (that is only for new drivers). You are required to have a minimum of 180 days left on your INS document in order to qualify."

I was horrified! I only have 137 days left on my employment authorization. I own two cars and have been driving them around quite unawares. My insurance company, Progressive, have quite happily been charging me the priviledge of having me as a customer with a UK license.

What can I do? I need my car to reach my business and to carry out my business in and around New Orleans. I am getting conflicting information and I am really worried now I cannot drive my car anymore.

Any help would be much appreciated.

Kindest regards

Mark

Note that every state has its own rules, but here in FL I was told on the phone that my wife couldn't get a DL in Fl (we only had the NOA1) - but still, we went to the DMV in a very "rural" area and noone said anything - but they made copies of all immigration letter. My wife received a DL good for 1 year.

0.14..MY%20TIMELINE.png

06/05/01 - Entered the U.S. on a B2 Visa with parents (17 years old at the time)

01/05/07 - Got married

04/04/07 - AOS package mailed :)

04/08/07 - On Easter Sunday - Package received DAY 1

04/17/07 - NOA1 Received. (Dated 04/13/2007) DAY 10

04/18/07 - Touched DAY 11

04/19/07 - Touched AGAIN DAY 12

04/20/07 - Biometrics appt notice received (05-02-07) DAY 13

04/27/07 - I-130 Touched DAY 20

05/02/07 - Biometrics (Took us 8 minutes - no kidding) DAY 25

05/03/07 - I-485 Touched DAY 26

05/17/07 - Interview letter arrived (07-17-07) DAY 41

07/17/07 - Interview - Everything went well but received an RFE DAY 102

08/28/07 - RFE sent - Took a long time to get what they needed DAY 144

08/29/07 - RFE received - DAY 145

10/04/07 - Email: Notice welcoming new resident mailed - DAY 180

10/05/07 - Touched - DAY 181

10/09/07 - Welcome Notice received. - DAY 185

10/10/07 - Card production ordered. - DAY 186

10/17/07 - Green card received !!!!!!!! - Day 193

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Heres what I found out on the Louisiana DMV site. The 180 days mentioned is in reguards to the I-94 not the I-765 EAD.

Non-U.S. Citizen Applicants

Non-immigrant and immigrant aliens, as well as refugees, can choose from the following identification documents:

Primary ID

Permanent Resident Card (I-551)

Employment Authorization Document (I-688B or I-766)

INS refugee travel document (I-571)

INS permit to reenter the United States (I-327)

Secondary ID

The original letter for the Refugee Resettlement Program with the applicant's color photograph, issued within 15 days of your license application

Immigrant aliens can present an I-551 as a form of identification. If it was issued after July 1997, it's considered a primary form and a secondary form, along with Social Security verification must be presented as well. If it was issued before July 1997, it's considered a secondary form and a primary form, along with Social Security verification must be presented as well.

Non-immigrants must present an I-94 INS-stamped form, Social Security verification, and a secondary form of identification. Non-immigrants must have 180 days or more left on their I-94 in order to be issued a license.

Student non-immigrants must provide an I-20 form.

Note that refugees must present an I-94 form and any two of the secondary documents. Passports should be submitted with the Employment Authorization Document.

Before testing can take place, all forms of identification, medical exams, and vision exams must be completed and submitted. Non-U.S. citizens must also comply with Louisiana's Driver Education Requirements.

For more information, check out Louisiana's Driver's License Issuance for Aliens Living in Louisiana and Reciprocity with Other Countries Web pages.

Posted

Thanks for everyones help.

Without disrespect to New Orleans which isn't in the best of shapes infrastructure wise :) I have the following to tell you!

Having sat 6 hours of classroom tuition, I went to the OMV (Office of Motor Vehicles the next day) and spoke to a rather unhelpful lady after having lined up. She said that because of employment authorization card had less than 180 days on it I couldn't get a license, not even a temporary one. I also showed them my AOS interview date letter and offered to show her anything I had. No luck.

I told her my insurance company were insuring me without a problem and she said I would probably be ok driving on my UK driving license! I asked for that in writing and she refused! ha ha!

To be honest, I don't think she knew what I was talking about. I tried calling the OMV phone help line and it said "Due to an emergency or technical problem we cannot take your call right now". What a mess.

So I'm not sure what to do now!

I've got my interview in December, so I guess I just have to wait. The documentation and information about this issue is not clear at all. I even received an email from OMV stating that I did not need to take the 6 hours classroom tuition, even though their website said I did! Cloudy9 found that as well: "Non-U.S. citizens must also comply with Louisiana's Driver Education Requirements." - who knows?

In the mean time, I'll sit back and continue to pay income and property tax and watch all the illegal immigrants driving around here without any kind of license whatsoever :) he he

If anyone else has any ideas, please let me know :)

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Filed: AOS (pnd) Country: Brazil
Timeline
Posted
Thanks for everyones help.

Without disrespect to New Orleans which isn't in the best of shapes infrastructure wise :) I have the following to tell you!

Having sat 6 hours of classroom tuition, I went to the OMV (Office of Motor Vehicles the next day) and spoke to a rather unhelpful lady after having lined up. She said that because of employment authorization card had less than 180 days on it I couldn't get a license, not even a temporary one. I also showed them my AOS interview date letter and offered to show her anything I had. No luck.

I told her my insurance company were insuring me without a problem and she said I would probably be ok driving on my UK driving license! I asked for that in writing and she refused! ha ha!

To be honest, I don't think she knew what I was talking about. I tried calling the OMV phone help line and it said "Due to an emergency or technical problem we cannot take your call right now". What a mess.

So I'm not sure what to do now!

I've got my interview in December, so I guess I just have to wait. The documentation and information about this issue is not clear at all. I even received an email from OMV stating that I did not need to take the 6 hours classroom tuition, even though their website said I did! Cloudy9 found that as well: "Non-U.S. citizens must also comply with Louisiana's Driver Education Requirements." - who knows?

In the mean time, I'll sit back and continue to pay income and property tax and watch all the illegal immigrants driving around here without any kind of license whatsoever :) he he

If anyone else has any ideas, please let me know :)

I wonder what kind of training these people get... I mean, come on, it s not that difficult to teach them the few types of visas that allow people to drive, they should know that a person with an EAD and with an interview coming up should be allowed to receive a DL at least for 1 yr. They are so clueless...

0.14..MY%20TIMELINE.png

06/05/01 - Entered the U.S. on a B2 Visa with parents (17 years old at the time)

01/05/07 - Got married

04/04/07 - AOS package mailed :)

04/08/07 - On Easter Sunday - Package received DAY 1

04/17/07 - NOA1 Received. (Dated 04/13/2007) DAY 10

04/18/07 - Touched DAY 11

04/19/07 - Touched AGAIN DAY 12

04/20/07 - Biometrics appt notice received (05-02-07) DAY 13

04/27/07 - I-130 Touched DAY 20

05/02/07 - Biometrics (Took us 8 minutes - no kidding) DAY 25

05/03/07 - I-485 Touched DAY 26

05/17/07 - Interview letter arrived (07-17-07) DAY 41

07/17/07 - Interview - Everything went well but received an RFE DAY 102

08/28/07 - RFE sent - Took a long time to get what they needed DAY 144

08/29/07 - RFE received - DAY 145

10/04/07 - Email: Notice welcoming new resident mailed - DAY 180

10/05/07 - Touched - DAY 181

10/09/07 - Welcome Notice received. - DAY 185

10/10/07 - Card production ordered. - DAY 186

10/17/07 - Green card received !!!!!!!! - Day 193

Filed: AOS (apr) Country: Denmark
Timeline
Posted
Thanks for everyones help.

Without disrespect to New Orleans which isn't in the best of shapes infrastructure wise :) I have the following to tell you!

Having sat 6 hours of classroom tuition, I went to the OMV (Office of Motor Vehicles the next day) and spoke to a rather unhelpful lady after having lined up. She said that because of employment authorization card had less than 180 days on it I couldn't get a license, not even a temporary one. I also showed them my AOS interview date letter and offered to show her anything I had. No luck.

I told her my insurance company were insuring me without a problem and she said I would probably be ok driving on my UK driving license! I asked for that in writing and she refused! ha ha!

To be honest, I don't think she knew what I was talking about. I tried calling the OMV phone help line and it said "Due to an emergency or technical problem we cannot take your call right now". What a mess.

So I'm not sure what to do now!

I've got my interview in December, so I guess I just have to wait. The documentation and information about this issue is not clear at all. I even received an email from OMV stating that I did not need to take the 6 hours classroom tuition, even though their website said I did! Cloudy9 found that as well: "Non-U.S. citizens must also comply with Louisiana's Driver Education Requirements." - who knows?

In the mean time, I'll sit back and continue to pay income and property tax and watch all the illegal immigrants driving around here without any kind of license whatsoever :) he he

If anyone else has any ideas, please let me know :)

Well i just took my driving test yesterday in mandeville, and i mean i havent even gone to the biometrics yet, although i do have the biometrics appointment comming up at the end of this month.

If you already have a out of country license you dont need to take the 6 hours, i went in there with my marriage certificate passport ssn card and old dl + a page from their website stating that as a k1 once married to a us citizen im allowed to take the test.

So i have my louisiana license now valid for the next 4 years, dont know what to tell you in your situation, maybe talk to a manager, cause they sure dont know anything about immigrants in the omv.

07/01/2007 Poe Newark

07/27/2007 Got Married :-)

09/07/2007 Sent Aos papers

09/09/2007 Papers received at chicago Lockbox

09/20/2007 Noa sent from uscis

09/24/2007 Received i797´s from uscis

10/04/2007 Received biometrics appointment letter

10/29/2007 Biometrics in new orleans

10/30/2007 Touched

11/21/2007 Ead i751 card production ordered

11/25/2007 Touched

11/28/2007 Receiced ead in the mail

11/28/2007 Touched

11/29/2007 Touched

12/14/2007 I485 transferred to csc

12/17/2007 Touched

12/21/2007 This case is now pending at the office to which it was transferred (Touched)

12/24/2007 Touched

12/26/2007 Touched

01/24/2008 Touched

02/04/2008 Card production ordered

02/05/2008 Welcome notice sent

02/06/2008 Approval notice sent

02/07/2008 Touched

02/09/2008 Received welcome notice and greencard in mail

11/02/2009 mailed out i751

11/06/2009 Noa

12/15/2009 Biometrics

Filed: AOS (apr) Country: Canada
Timeline
Posted

I too need to get my drivers license in Louisiana. I am driving with my Canadian license.

I am a K3 so I need to wait until my EAD arrives before I can apply for my SSN- once I get my SSN- I will take the drivers test.

I picked up the book at the DMV to study from, I haven't looked at it yet :)

Anyone who has taken the test- let me know how it was and everything you had to do.

This is so weird- I am as nervous about it as I was when I was a teenager getting it the first time. I think I am more nervous- I drive my stepson to and from school, I do all the grocery shopping, if I fail this exam I would be screwed!! Plus my husband can't take a day off to take me to the DMV so I would take myself- what if I fail? I wouldn't be able to drive myself home!!

Filed: AOS (apr) Country: Denmark
Timeline
Posted
I too need to get my drivers license in Louisiana. I am driving with my Canadian license.

I am a K3 so I need to wait until my EAD arrives before I can apply for my SSN- once I get my SSN- I will take the drivers test.

I picked up the book at the DMV to study from, I haven't looked at it yet :)

Anyone who has taken the test- let me know how it was and everything you had to do.

This is so weird- I am as nervous about it as I was when I was a teenager getting it the first time. I think I am more nervous- I drive my stepson to and from school, I do all the grocery shopping, if I fail this exam I would be screwed!! Plus my husband can't take a day off to take me to the DMV so I would take myself- what if I fail? I wouldn't be able to drive myself home!!

Hello!

Well i took the test yesterday and i dont think it was that hard, i scored 100% on the general knowledge test and a 95 on the signs test.

I did read the guide from the omv 5 times completely before i took the test, i also read the whole book when i was getting picked up by my friend to take me to the test.

If you have a friend with proof of insurance and valid registration, you can have them bring you and you can take the test in their car.

I think you might be able to get a learners permit if you fail the driving test?! anyway you can always come back and take the test again if you fail, its not a one time thing, hope this helped you, good luck :-)

07/01/2007 Poe Newark

07/27/2007 Got Married :-)

09/07/2007 Sent Aos papers

09/09/2007 Papers received at chicago Lockbox

09/20/2007 Noa sent from uscis

09/24/2007 Received i797´s from uscis

10/04/2007 Received biometrics appointment letter

10/29/2007 Biometrics in new orleans

10/30/2007 Touched

11/21/2007 Ead i751 card production ordered

11/25/2007 Touched

11/28/2007 Receiced ead in the mail

11/28/2007 Touched

11/29/2007 Touched

12/14/2007 I485 transferred to csc

12/17/2007 Touched

12/21/2007 This case is now pending at the office to which it was transferred (Touched)

12/24/2007 Touched

12/26/2007 Touched

01/24/2008 Touched

02/04/2008 Card production ordered

02/05/2008 Welcome notice sent

02/06/2008 Approval notice sent

02/07/2008 Touched

02/09/2008 Received welcome notice and greencard in mail

11/02/2009 mailed out i751

11/06/2009 Noa

12/15/2009 Biometrics

Filed: AOS (apr) Country: Canada
Timeline
Posted
I too need to get my drivers license in Louisiana. I am driving with my Canadian license.

I am a K3 so I need to wait until my EAD arrives before I can apply for my SSN- once I get my SSN- I will take the drivers test.

I picked up the book at the DMV to study from, I haven't looked at it yet :)

Anyone who has taken the test- let me know how it was and everything you had to do.

This is so weird- I am as nervous about it as I was when I was a teenager getting it the first time. I think I am more nervous- I drive my stepson to and from school, I do all the grocery shopping, if I fail this exam I would be screwed!! Plus my husband can't take a day off to take me to the DMV so I would take myself- what if I fail? I wouldn't be able to drive myself home!!

Hello!

Well i took the test yesterday and i dont think it was that hard, i scored 100% on the general knowledge test and a 95 on the signs test.

I did read the guide from the omv 5 times completely before i took the test, i also read the whole book when i was getting picked up by my friend to take me to the test.

If you have a friend with proof of insurance and valid registration, you can have them bring you and you can take the test in their car.

I think you might be able to get a learners permit if you fail the driving test?! anyway you can always come back and take the test again if you fail, its not a one time thing, hope this helped you, good luck :-)

Thanks!!

I wouldn't be me if I didn't stress over everything :)

Posted

I think the chick at the motor vehicles office was mistaken. It says on the Lousiana DPS Web site that you must have 180 days left on your EAD if you're here on a non-immigrant visa. The table suggests that a non-immigrant visa is a work-based visa, not family based. As angerman said, it looks like you should have been able to get a license without the EAD, just with your marriage license, passport, and I-797 for AOS. Perhaps she just saw the EAD that's expiring in less than 180 days, and it was easier to just deny you.

Also, she's not in a position to determine whether you'll be OK driving around w/ a UK license. It could be problematic if you're pulled over, because a cop would not consider you a visitor. You live here, you're working, the car is in your name--you're a resident (if not yet officially a permanent resident by USCIS standards), and you should have a Louisiana license. Cops are not experts in immigration issues, and if you're asked for your license and registration, a foreign license may not suffice. If the cop wants to be difficult, you could be arrested for driving without a license. (I only know all this because I have cops in my family. I asked about this when my husband was between EADs and couldn't renew his license until the new one arrived.)

I would go back to the motor vehicles office with a copy of that part of the Web site and insist that as a spouse of a US citizen with an AOS pending, you're eligible for a license regardless of the time left on your EAD. I don't mean to scare you, but don't let a clueless person make trouble for you. If you're refused, ask to speak with a supervisor, and be firm (but polite, of course!). Someone must have dealt with this before.

The insurance issue is something else altogether. In many states (including Arizona, where I live), my husband could be insured on my policy w/ a UK license because we're married. What we were really nervous about was him possibly getting pulled over during the few weeks that he was between licenses. But insurance-wise, we were OK.

K-1

March 7, 2005: I-129F NOA1

September 20, 2005: K-1 Interview in London. Visa received shortly thereafter.

AOS

December 30, 2005: I-485 received by USCIS

May 5, 2006: Interview at Phoenix district office. Approval pending FBI background check clearance. AOS finally approved almost two years later: February 14, 2008.

Received 10-year green card February 28, 2008

Your Humble Advice Columnist, Joyce

Come check out the most happenin' thread on VJ: Dear Joyce

Click here to see me visiting with my homebodies.

[The grooviest signature you've ever seen is under construction!]

Posted

Good luck! Let us know how you do.

K-1

March 7, 2005: I-129F NOA1

September 20, 2005: K-1 Interview in London. Visa received shortly thereafter.

AOS

December 30, 2005: I-485 received by USCIS

May 5, 2006: Interview at Phoenix district office. Approval pending FBI background check clearance. AOS finally approved almost two years later: February 14, 2008.

Received 10-year green card February 28, 2008

Your Humble Advice Columnist, Joyce

Come check out the most happenin' thread on VJ: Dear Joyce

Click here to see me visiting with my homebodies.

[The grooviest signature you've ever seen is under construction!]

Posted
Good luck! Let us know how you do.

I called the OMV and again, they said I had to wait for my Green Card (or 551 stamp) before I can get a drivers license. How frustrating! The person I spoke to even checked with their supervisor. They sat there and read me the rules from their website! :)

They also asked me to call the local law enforcement about my ability to drive!

I cannot believe I am not able to drive, how crazy. I have a clean UK license, over 10 years no claims insurance, insurance in the USA, road worthy cars and I am more than capable of driving in New Orleans because I have been doing so for over a year. I guess no amount of my complaining with change the situation.

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