Drivers License with AOS Interview Pending

[doodads 0]

I don't get it. Most states let illegal immigrants get drivers licenses. Why do they put conditions on legal immigrants?

[Inugami 0]

I'm about to get my EAD but by the time i get it, get my permit, wait 6 months and go to the DMV for my driver license, my I-94 will have less than 180 days. Is this a problem for getting my driver license?

[Inugami 0]

bump

[reach449 2]

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

Sorry to hear all the problems you are having with the Driver's license. My wife is in the same situation. Tennessee will not issue one unless you have ONE YEAR left on your visa. So my wife is here legally and waiting for her green card and can't get a license. The laws are stupid...that is all I can say. I pretty much got in a verbal fight with DMV, but it was a loosing battle. So she will drive on her international license until she gets her green card.

reach449

[Inugami 0]

bump

[Empress of Groovy 373]

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!

Wow, I'm surprised about that. What part of the Web site did the person read? How was the part about the marriage license and I-797 (Note 3) explained? I had another look at the site (because I'm a geek), and, assuming it's current, it clearly says that applicants for permanent residency can apply for a license. Have a look at the first table, Immigrants Permanently Residing in the United States. It lists Permanent Resident Card - I-151 and Applicants for Permanent Residency - I-485 separately, which I think clearly indicates that you can apply with the I-797 from the I-485. This is the text from that part of the table:

Application for adjustment of status to lawful permanent resident is made on I-485 form.

Applicants in the pending stage must show a receipt of application to The Department of Homeland Security. The receipt will contain the name, fees paid, and the application name. The applicant may have an employment authorization document during the pending process. (I added the italics--may is the important word there.)

If the person referred to the bulleted items under Requirements, those are for identification. I think you should be able to present one of those items, not all, because someone with a permanent resident card would not (or should not) have an EAD. What you need to present seems to depend on whether you're considered an immigrant or a non-immigrant.

I still think someone there doesn't know the rules. The important information is that you're an AOS applicant with a receipt (I-797). The EAD is irrelevant. According to that Web site, you should be able to get a license without an EAD.

I'd call again and ask someone to specifically explain Note 3 (which involves K-1 applicants who have married) and the I-151/I-485 distinction in the table, and why that doesn't apply to you.

[Empress of Groovy 373]

Oops--I wrote I-151 above, but I meant I-551 (you probably figured that out!).

[westguard 0]

Hi AOS

Maybe I'll try again! It does seem completely crazy that I cannot get a drivers license. All I want to do is the right thing and be able to drive to work legally! Meanwhile, in New York they are encouraging illegal immigrants to get drivers licenses - um, I don't get it? We all follow the law and get screwed. I am legally allowed to work in the USA, but I cannot drive *to* work. Maybe it's an underground racket designed to get people onto public transport or to encourage car sharing?

I will try and call them again on Monday to see if I can get to the bottom of this. I really appreciate your help and time investigating this for me. Fingers crossed!

I just wanted to have my drivers license in time for my interview in December, not essential I know but I thought it would help, plus I'm fed up paying so much for car insurance - he he! It is also rather embarassing having to get your wife to drop you off to work because you are a US ally who is not eligible to drive a car! I shall, however, continue to sweep the road in front of my house to ensure it is clear of debris for other drivers

Mark

[MissStacey 1]

Hi AOS

Maybe I'll try again! It does seem completely crazy that I cannot get a drivers license. All I want to do is the right thing and be able to drive to work legally! Meanwhile, in New York they are encouraging illegal immigrants to get drivers licenses - um, I don't get it? We all follow the law and get screwed. I am legally allowed to work in the USA, but I cannot drive *to* work. Maybe it's an underground racket designed to get people onto public transport or to encourage car sharing?

I will try and call them again on Monday to see if I can get to the bottom of this. I really appreciate your help and time investigating this for me. Fingers crossed!

I just wanted to have my drivers license in time for my interview in December, not essential I know but I thought it would help, plus I'm fed up paying so much for car insurance - he he! It is also rather embarassing having to get your wife to drop you off to work because you are a US ally who is not eligible to drive a car! I shall, however, continue to sweep the road in front of my house to ensure it is clear of debris for other drivers

Mark

Which DMV did you go to?

Just curious.

My husband really likes the one on the Westbank. He said they were friendly and fast.

[westguard 0]

Hi Stacey

I went to the one on Airline Dr. Maybe I'll try the Westbank one too.

Mark

[westguard 0]

Latest response from the OMV:

"Louisiana law says you must produce documents verifying your "legal presence" and those documents must specify you have at least 180 days remaining of legal presence. If you have those documents, then you are eligible for license."

That was it after I gave them a detailed response. Clearly I don't think I am going to get anywhere until I renew my Employment Authorization card or get my green card. Totally crazy.

I give up

Mark

[melemelex 0]

I'm not going to discouraging you or anything like that. About 2 months ago, I went to DMV just go get an Identification Card, not a driver license, but I believe the process is almost the same. What i meant about process is the documents that we need, etc.

I was on the line, filled up everything except the box for SSN, since I did not have it at that time. But I did have an EAD, right after the next day, i applied for SSN, and I got the receipt that saying I will get the SSN about 1-2 weeks. I did not wait until I get the SSN, but I just went to DMV tried to get my ID card. I thought it would be ok, since I could prove/show to the people that work there I have the receipt from SSN office that I will get my SSN soon.

But guess what the result is. She said that it would be better for me to wait for my SSN, because the homeland security needs all of the background information,etc. She said if I did not have SSN, i had to wait about 3-6 months to get the actual card, but if i did have SSN, it only took about 1-2 weeks. So i did not bother arguing with her, since I know I will get it.

I hope everything will work out for you, and I'm sure God will guides you!

Edited October 30, 2007 by melemelex

[Carlawarla 1]

I've read all of these responses, and agree DMV has the most screwed up of processes! It's annoying when a person from one state can get a DL while in another state they can't. I had to have my GC before I could go for my driver's license in MO, and had to take the written test, road signs test, vision test and road test. I was worried as hell but passed with flying colours.

Just an aside, I had/have a Canadian driver's license. I was doing volunteer work, my husband works full time, and of course I had errands to run such as groceries and such. I just drove with my Canadian DL until I got my MO one. I had a clean driving record in Canada, never even a parking ticket, so I didn't think I'd be stopped here. If I was, I would have just handed over my Canadian driver's license and received my ticket, and paid it. If I had to have explained what I was doing in MO, I would have told them so. I was covered by my husband's car insurance, so insurance wasn't an issue. I'm sure the worst thing that could have happened is the police officer would have told me to get to the DL bureau and get a MO license.

Carla

[melemelex 0]

yeap I agree with you, different state has different rules of getting DL .

[Empress of Groovy 373]

Geez, what a drag, Mark. I'm convinced they don't know what they're doing. The I-797/marriage license combo really should suffice as evidence that you've got more than 180 days left to stay, but it sounds like the functionaries at the OMV want to see something with an expiration date, and that's all they'll accept (despite what it says on the site). I'd probably pursue it myself, but I can be a pushy broad at times, especially when some joker is telling me that I'm wrong. But I can understand that you don't want to deal with it anymore.

You may want to double check with your insurance agent that you wouldn't run into trouble if you have to make a claim.

The whole thing is a big effing mess, I tell ya!