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Topic: Drivers License trouble
Today I renewed my drivers license at DMV. They asked for my immigration documents. I showed them my H1B documents and Receipt notice for I-485. They gave me the expiration date of July, 2008 (my visa expiration date). After that according to them in order to extend my Dr. License I have to present them I-551 stamped in my passport. I am afraid that by July 22 my status wouldn't be changed and I wouldn't be able to get I-551. Still can't let my Driver License expire because I'm driving to work every day.
Neeed your advice desperately.
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wht is the expiration on ur H1?
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which DMV did u go to ?
Did you show him EAD ?
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I live in Delaware. My H1 expires on July 2008. I'm still waiting for my EAD.
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Your EAD should save you. Pray that you get your EAD before H1 expires. I think you should get your EAD before that because EAD is usually processed within 90 days.
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Yes, you either need the EAD document, or renew your H1. Once you have the original document in hand, you can go back and get it renewed for longer.
My local DMV refused to renew my license for 2 weeks while waiting for my H1 renewal document to come in the mail (before my old H1 had even expired, because they set the driver's license expiry date as 2 weeks before the H1 expiry date). I had to take the bus and rely on rides from friends. To which the DMV officials just laughed and said "you're a big girl, you can make your own decision about whether to drive or not". They really didn't care, and expected me to ignore the law, which I would not do, figuring that the last thing I need is to end up deported if I got in a car crash and was found to be driving with an expired license!
Not a big fan of the DMV!
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Let me tell you this. My parents received GCs in 2004. And, with GCs, they could not get Texas IDs or Driver licenses for several months. They were rejected for state ID/DL because GC only showed last name and first name, but Social Security card showed also a Middle Name. We went to different DMVs and on the 3rd try they got it. I guess it is up to individual state trooper within a particular DMV office how they want to enforce the "laws". It was so ridiculous!!!
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Sarah, sorry abt ur troubles with the DMV.. but i think it depends on the offcier too.. mine didnot even look at the papers! just gave me 4 yrs extention :)... was very happy :)
OP: as sarah say u need either EAD or H1.. wht is ur 140 status? if tht is pending i belive u can get more than 1 yr extention on ur h1 :)
Buzz
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you'd better renew H1 , it will be safer for your gc waiting too
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They really didn't care, and expected me to ignore the law, which I would not do, figuring that the last thing I need is to end up deported if I got in a car crash and was found to be driving with an expired license!
Driving with expired driver's license is from $20 to $200 fine (depending on state). Obviously it's not a deportation :) LOL :) |
I think it is more of the 'compounded' issue of a car crash plus expired driving license that can make one feel uneasy about it. Double whammy does not usually happens but sometimes, Murphy's law is waiting.
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vppash2,
You should have your EAD by July 22 and that should let you renew your GC. If you have trouble go to another DMV office.
A friend of mine who is born in the US was refused a DL because her birth certificate said "Certificate of Birth" and not "Birth Certificate" and they claimed it therefore was not valid as proof of citizenship. She had better luck at another DMV though ...
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My EAD application (I-765) is pending in TSC for 20 days now. Hopefully I'll get it by the end of July 08. My lawyer says they usualy approve it within 90 days timeframe. If that's true I should be ok. How common are EAD approval delays beyond 90 days?
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My EAD application (I-765) is pending in TSC for 20 days now. Hopefully I'll get it by the end of July 08. My lawyer says they usualy approve it within 90 days timeframe. If that's true I should be ok. How common are EAD approval delays beyond 90 days?
It is not common. Though I got my EAD in 119 days because the IO wanted me to send new photos. |
Yeah, it's not that I think driving with an expired license is a deportable offense, but who knows what could happen. I'm sure it's something they'd like to pile on top of other issues, and all of a sudden a minor misdemeanor becomes something more serious if mixed in with other things. I mean, what if (god forbid) I'd been driving home from a party after a tiny bit too much alcohol, hit somebody, then they found out that my license had expired?
I just didn't want to take ANY issues with ANYTHING illegal at all. Just to be on the safe side. Hey, what can I say, I'm a naturally law-abiding person! I didn't like the attitude of DMV, who were basically laughing at me for worrying about it when everybody else seems to just continue to drive. And, even people who are convicted of a DUI are given permission to drive to and from work, but not us immigrants.
vbpash2 - hope your EAD comes soon!
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... a tiny bit too much alcohol, hit somebody, then they found out that my license had expired? ...
LOL :) Then it wouldn't matter if you have expired or unexpired license :) it would be felony DUI, unexpired license wouldn't help at all :) and expired wouldn't do any worse - it's deportation anyway. |
Driving without a valid, unexpired license is a misdemeanor in many States.
Get 3 of these, and you ARE deportable.
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If you have time and/or money, or a good lawyer willing to do this on a commission basis, I'd say sue them till kingdom come.
That rule (whether it stems from Real ID Act or elsewhere) is unconstitutional. It's a matter of time that someone will have the guts and time to sue them and force them to give legal resident regular licenses that expire on your birthday as everyone else.
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Yes, you either need the EAD document, or renew your H1. Once you have the original document in hand, you can go back and get it renewed for longer.
My local DMV refused to renew my license for 2 weeks while waiting for my H1 renewal document to come in the mail (before my old H1 had even expired, because they set the driver's license expiry date as 2 weeks before the H1 expiry date). I had to take the bus and rely on rides from friends. To which the DMV officials just laughed and said "you're a big girl, you can make your own decision about whether to drive or not". They really didn't care, and expected me to ignore the law, which I would not do, figuring that the last thing I need is to end up deported if I got in a car crash and was found to be driving with an expired license!
Not a big fan of the DMV!
The DMV employees are usually under trained (on immigration law), underpaid (when you realize their responsibilities/duties), and completely useless at interpreting immigration rules, regulations and laws. I went to Wisconsin DMV once, showed them proof of my pending AOS, and the law specifically mentioned "pending AOS" is legal status. I showed them the law, on THEIR OWN poster. Their response "we didn't know of that part of the law, we have not been trained on it". Asked for supervisor, within minutes, I was lecturing 5 of them on their own laws. They suggested they bring this up at their next State Wide meeting (all supervisors with DOT secretary and officials). After that, still useless.
Conclusion: the federal government asking the States to understand laws the federal government cannot sometimes interpret themselves is the most stupid thing I can imagine any government can every do.
I feel so bad and ticked when I pay my taxes. You pay taxes for good service, and when it comes to DMVs, we are getting none. |
Recently I moved to Wisconsin and I had to surrender my other state license in replacement of a Wisconsin license. The DMV officer said that they have to perform additional validation with Immigration and gave me a temporary 60 days driving permit and this is not valid for identification as it's just a receipt for the fees I paid. Unfortunately my employer asked me to goto NJ for a 3 week assignment. In the airport the DHS asked me a photo ID to verify the name in boarding pass, I gave my new passport, she saw the front page and verfied the photo identity. Suddenly she started to scroll all the pages and said that there's no visa. I said the visa is in the old passport and luckily I had it with me. After seeing the expired visa she said that I'm illegal in this country and she asked me to wait. She was not ready to listen my words. She called her higher official and said that there's someone illegal, the officer came rushing and had a look at the visa. He asked me my I-94, I said that I'm travelling within US and why should I carry I-94. Since I did not have a drivers license, I showed my passport just for identification. After 30 mins of discussions within DHS, they agreed to let me go with special security screening where they checked each and every button on my shirt. It took almost an hour to complete this process and I had to rush for the flight. I'm scared whether the same would happen in NJ airport when I return.
It's always better to get a state ID and drivers license and use state ID for identification purpose. Also the DMV charges the same fees for 2 - 3 years license given to legal residents and 10 years license given to PR's and citizens. Doesn't make any sense.
Even the DHS people are not aware of immigration laws and no wonder a DMV officer is ignorant about these laws.
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Recently I moved to Wisconsin and I had to surrender my other state license in replacement of a Wisconsin license. The DMV officer said that they have to perform additional validation with Immigration and gave me a temporary 60 days driving permit and this is not valid for identification as it's just a receipt for the fees I paid. Unfortunately my employer asked me to goto NJ for a 3 week assignment. In the airport the DHS asked me a photo ID to verify the name in boarding pass, I gave my new passport, she saw the front page and verfied the photo identity. Suddenly she started to scroll all the pages and said that there's no visa. I said the visa is in the old passport and luckily I had it with me. After seeing the expired visa she said that I'm illegal in this country and she asked me to wait. She was not ready to listen my words. She called her higher official and said that there's someone illegal, the officer came rushing and had a look at the visa. He asked me my I-94, I said that I'm travelling within US and why should I carry I-94. Since I did not have a drivers license, I showed my passport just for identification. After 30 mins of discussions within DHS, they agreed to let me go with special security screening where they checked each and every button on my shirt. It took almost an hour to complete this process and I had to rush for the flight. I'm scared whether the same would happen in NJ airport when I return.
It's always better to get a state ID and drivers license and use state ID for identification purpose. Also the DMV charges the same fees for 2 - 3 years license given to legal residents and 10 years license given to PR's and citizens. Doesn't make any sense.
Even the DHS people are not aware of immigration laws and no wonder a DMV officer is ignorant about these laws.
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WOW rajesh!
tht was scary story!!
if i stupid female did not know all the rules she had no right u call u illegal! sue their a$$!!
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I got my license renewed based on my i-485 reciept, got for 4 years , I am in OH, i did not show them EAD or H1, in OH there is a law that they should give for 4 years if any body has i-485 pending and submits the reciept notice of i-485.
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WOW rajesh!
tht was scary story!!
if i stupid female did not know all the rules she had no right u call u illegal! sue their a$$!!
Exactly why I will NEVER get a Wisconsin license. Even when I get my GC. Because, in WI, every time you want to renew or replace your license, you need to show your GC. If you lose GC and DL while traveling, and want to get replacements; we all know GC takes at least a year. You cannot get DL until you show GC or temporary I551 stamp on passport (if you have a valid passport).
They are not smart enough to keep track of your alien # when you previously got a license, and check with DHS to see that you are still legal. Nevertheless, they recently increased the license fees by $10 for that same verification that they never actually do.
On a side note, I checked with several lawyers, and they told me the law DOES NOT SPECIFY what penalty they can give you for not converting a license. So they can probably harass you (the cops) and encourage you to convert, but they can't force you.
Getting WI license plates is another issue. You have to do it as it includes a tax (which you pay regardless of where your DL is from).
I am keeping my out of state license, and renewing it out of state. All my acquaintances and friends who are non-citizens who got a WI license are repeatedly having trouble, especially that they put the word "Temporary" on your license when you actually get it. Airport screeners are often asking to see a passport when they see the word "temporary". They thought they would make DLs more secured and trusted with this law. They accomplished the exact opposite. |
Some undocumented immigrants are being caught in the domestic airport. Federal govt is trying to do that since the last 2 years and it is working. If you show your passport and you got an expired visa, you will he held and be suspected of being 'illegal'....therefore, showing a passport should be accompanied by a valid visa, or i-94, or EAD. It is always better to show State ID to lessen the burden.
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I am not a big fan of DMV either. I wish they had one driver's license issued irrespective of state you live in. How much hassle it is to change your DL and undergo reverification and retest in some states. I know each state has different tax rules and slighlty different traffic rules but still. I recently moved from Massachusetts to New Hampshire. In MA they issue DL which is valid for 5 yrs - no matter how long your visa is valid. In NH they issue it till your visa is valid. I can take more hassle so guess what I am keeping my MA license since I live at the border. I have my license plates changed though.
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Some states issue DL for a specific time irrespective of the legal status. But this will not last long as Fed is mandating each state to issue DL for temporary residents until the date specified in the I-94. WI incorporated this in January 2007
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Some states issue DL for a specific time irrespective of the legal status. But this will not last long as Fed is mandating each state to issue DL for temporary residents until the date specified in the I-94. WI incorporated this in January 2007
Actually, WI incorporated this April 1st, 2007, not in January. But, do not rest assured that all States will follow through. See http://www.realnightmare.org/ for instance. Many States are fighting this; and as I mentioned in a previous post, this is unconstitutional in many ways (equal protection of the laws to all persons, for one, which the Real ID Act violates), in addition to induce discrimination at airports, banks, bars, grocery stores, police stops, etc.
If Congress, or the next president, does not revoke Real ID, there will be major class action lawsuits that will bring it down.
So your phrase "But this will not last long" is far from being accurate. And if it turns to become accurate, I will leave this country, even if I became a citizen, as Real ID Act provides for (eventually, when it's fully implemented) the tracking of citizens in every step they take in their daily lives. |
Just got responce e-mail from my lawyer saying that as soon as I get EAD I shouldn't have any problem extending my DL in Delaware.
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Just got responce e-mail from my lawyer saying that as soon as I get EAD I shouldn't have any problem extending my DL in Delaware.
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I am undergoing the same issue every year with DMV in NJ. Its so happened that my 7th year extension approval notice didn't come in time for my license extension. I explained them with the situation and the people in the front desk (who screens the people) never understood; I was referred to their boss and its so happened that she wanted to prove her mighty power; While we were about to exit, my wife caught hold of a Asian lady working in the DMV and she took us to the Supervisor. I was having the photostat copy of the reciept notice. After consulting with the DMV office in their State head quarters, she asked me to bring me the original receipt notice and also a letter from my employer in their letter pad stating that I am still employed with them and are waiting for the approval.....to get a temporary extension for 5 months. (In the meantime, they also checked the reciept notice with their "INS" (?) system) The next day, I got my 5 months extension; from then on, I apply for my H1B extension in time.
Also, most of the lawyers give us solutions in the "straight forward" scenario and they often forget we hire them to get us solution for a problamatic case like this. Unfortunately we get beaten up from every quarters.
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I agree with Vayu. In most of the scnearios, it is very difficult to convince the person who is sitting at the front desk. Last week I renewed my DL in Florida. When I went to the DMV, the front desk person didnt allow the person who was infront of me in the line for not having the original SSN card. I didnt have the card either but when she approached , I said, yes, i have the card. She didnt check me and allowed me to stand on the line. When they were in the middle of the renewal, the officer asked me for my ssn card; i said i didnt bring it. She didnt say a word and gave me the temp. license which is valid for one month. And am still waiting for the new card.
S..
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It all depends on who you go to and what type of day they are having so throw a nice complement and smile........!!!
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ManFromHyd
- can you send me a link to the OH law/DMV website link that says so?
- are you still working on H-1? using I-485 to get license does not create any issues in GC processing/H-1 status? my I-485 is pending but I used H-1B to get my license, which says non-renewable/non-transferable and expires in 6 months.
- my spouse is going for her DL based on pending AOS. the attorney said they may use the EAD to identify the end date.
thanks.
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Here is the update on my DL situation. My H1b and DL expires today! 3 weeks ago I requested to expedite my EAD case based on my DL situation. My request was approved but nothing happened since then. Last friday I called my state Senator's office and talked to lady handling immigration issues. I explained her my situation with EAD and DL and gave her my I-765 receipt #. She said she would call them right away. In about 30 min I received CRIS e-mail about my I-140 approval but I-765 wasn't even touched. Yestoday and today I see some soft LUDs on my I-485 but again I-765 not touched atall. My DL expires today, don't know what to do....
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I would suggest that you do not drive until you get the EAD. It is the same situation that applies in NY. At the time of Driver's License renewal you must have a valid immigration or Employment document as the basis on which the renewal is to take place.
Also in New York....the license has an expiration date that is in keeping with that of citizens and Permanent Residents however the VALIDITY date is based on the document supplied at the time of application or renewal. Since there is a big TEMPORARY VISITOR flag on the license, person to whom it is presented immediately tend to notice.
As for the Social Security Card in hand at the DMV for New York you must have the physical card when you first apply but do not necessarily need it for renewals. It may be what happened in that situation that was mentioned.
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vbpash2,
In some states you are allowed to drive 1-2 months after the DL expires, but I don't know if that applies to you. It can be worth checking though. If it turns out that you are allowed to drive for a limited time with an expired license, I would make sure to always have passport and I-485 receipt with me when driving since expired date together with TEMPORARY can make someone want to check your immigration status if you would happen to be pulled over.
If it turns out that your state does not have a grace period for an expired license, don't drive until you get an updated license. I know it is hard but check with co-workers, public transportation and google Carpool and your city and/or see if you can temporary work from home.
Good luck and hope you have the EAD or GC soon!
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Consider moving to maryland(right next to delaware),all you need to get a DL is a valid passport and two proof of addresses(You don't need to prove that you are legal!). 5 Year DL will be in your Hand!
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This is so bizarre! I live in CA, and I never had to show my passport or visas to anyone. I got my first license here over 12 years ago though, so the rules could have changed.
I believe I just showed them my SS card, and my student ID the first time I applied for my driver's license.
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That was before 9/11/2001!
I had to show them: SS Card, Passport with unexpired H1B visa, I-94, Birth Certificate and an original EVL to get the learners permit and then they wanted another original EVL the next day when I did the driving test! And then I got a TEMP DL that expired at the same time as my I-94.
Upgrading from a TEMP to permanent DL was easier though. Just the old DL and my GC.
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I don't know about CA but those days have long gone. I also got my DL for 9 years and its going to expire next year. But i had to jump though hoops for my wife's DL. I actually had to renew 3 times in one year as she was getting I20 one semester at a time...
And this is in Missouri
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Consider moving to maryland(right next to delaware),all you need to get a DL is a valid passport and two proof of addresses(You don't need to prove that you are legal!). 5 Year DL will be in your Hand!
No, Maryland was one of the earlier states to require proof of legal presence in the US before issuing so much as a learner's permit! And this was in 2002..... |
What a nightmare!
I actually never had to go back again after I got it first time. They just kept extending it automatically. It is going to expire next year. I wonder if I have to go in, or just get it extended again for another 5 years...
Life was so much easier 12 years ago :)
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Some states issue DL for a specific time irrespective of the legal status. But this will not last long as Fed is mandating each state to issue DL for temporary residents until the date specified in the I-94. WI incorporated this in January 2007
Actually, WI incorporated this April 1st, 2007, not in January. But, do not rest assured that all States will follow through. See http://www.realnightmare.org/ for instance. Many States are fighting this; and as I mentioned in a previous post, this is unconstitutional in many ways (equal protection of the laws to all persons, for one, which the Real ID Act violates), in addition to induce discrimination at airports, banks, bars, grocery stores, police stops, etc.
If Congress, or the next president, does not revoke Real ID, there will be major class action lawsuits that will bring it down.
So your phrase "But this will not last long" is far from being accurate. And if it turns to become accurate, I will leave this country, even if I became a citizen, as Real ID Act provides for (eventually, when it's fully implemented) the tracking of citizens in every step they take in their daily lives.
Thanks God Illinois is one of the states that is fighting this Real ID. I moved 6 years ago and I have renewwd my DL on March by mail. My wife did it going to the office they never ask for proof or residence after get one the first time. |
vbpash2, btw do you have a valid overseas DL by any chance? You might be able to use it instead.
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vbpash2, btw do you have a valid overseas DL by any chance? You might be able to use it instead.
It expired long time ago :( |
Some states issue DL for a specific time irrespective of the legal status. But this will not last long as Fed is mandating each state to issue DL for temporary residents until the date specified in the I-94. WI incorporated this in January 2007
Actually, WI incorporated this April 1st, 2007, not in January. But, do not rest assured that all States will follow through. See http://www.realnightmare.org/ for instance. Many States are fighting this; and as I mentioned in a previous post, this is unconstitutional in many ways (equal protection of the laws to all persons, for one, which the Real ID Act violates), in addition to induce discrimination at airports, banks, bars, grocery stores, police stops, etc.
If Congress, or the next president, does not revoke Real ID, there will be major class action lawsuits that will bring it down.
So your phrase "But this will not last long" is far from being accurate. And if it turns to become accurate, I will leave this country, even if I became a citizen, as Real ID Act provides for (eventually, when it's fully implemented) the tracking of citizens in every step they take in their daily lives.
Thanks God Illinois is one of the states that is fighting this Real ID. I moved 6 years ago and I have renewwd my DL on March by mail. My wife did it going to the office they never ask for proof or residence after get one the first time.
I'm happy that CA is fighting this as well. Go Arnie!!!!!!!!!!!!!!!!!!!!!!!! |
I don't agree Maryland is that good for getting a DL.
In March 2007, I moved with a valid DL which expires in 2009 to MD and to follow the law, I went to DMV to transfer my DL to the current state. They asked for my legal documents to prove my legal status and I have shown my H1B aproval notice which expires in March 2008. They asked for the VISA in my ppt which was expired. I tried to explain them VISA is just a travel document but they need it if I want my DL. Then I got my VISA stamped by going to Canada and got VISA stamped until March 2008. Then I went back to DMV with a valid visa which was valid only for few more months and they were happy with that and gave me the DL valid thro 2012.
On the other side, I know lot of people who don't want to go thro all these things and keep the same DL even though themy moves across states.
Everyone should agree that who ever wants to be legal in all aspects, definitely will face troubles.
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just check the neighboring state dmv laws, and check with your friends (who lives there), forward mail there for proof of address and get a license.
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Always suggest that you do the right thing. When you live in a state you get the license for that state.
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