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  • Drivers license and EAD

    Hey! Does anybody maybe have an experience with obtaining a DL while waiting for EAD in Georgia or another state?

    I have a US license that expired two days ago from another state where I was a student. My I-20 for the F-1 expired a month ago, so I do not have any paperwork except the receipts/notices that they have received our i-130/i-485 package based on marriage.

    Any thoughts?

    Thanks!

  • #2
    For Georgia, it seems you will need to wait until you have an EAD or green card to get a driver's license.
    Last edited by newacct; 09-07-2017, 04:21 PM.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      You should be able to go after you submit your AOS. Pending I-485 counts as legal status.
      I went in Dallas and had a heck of a time. Had to go back 3 times. I also had to bring a print out from the DMV website that shows that applicants for Adjustment of status can apply for a drivers license because people who work there have no idea what they are talking about. They were not able to verify my eligibility on the spot however and requested second verification, which came back in the mail 3-5 days later and confirmed my legal presence. After that I went back and was able to get my license.
      That was about 4 weeks after USCIS received my AOS. When I went only a week after, second verification came back and said they couldn't verify my legal presence. So I would wait a couple weeks after you've filed so they can make changes to your file in DHS system.

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      • #4
        Originally posted by Niia View Post
        You should be able to go after you submit your AOS. Pending I-485 counts as legal status.
        I went in Dallas and had a heck of a time. Had to go back 3 times. I also had to bring a print out from the DMV website that shows that applicants for Adjustment of status can apply for a drivers license because people who work there have no idea what they are talking about. They were not able to verify my eligibility on the spot however and requested second verification, which came back in the mail 3-5 days later and confirmed my legal presence. After that I went back and was able to get my license.
        That was about 4 weeks after USCIS received my AOS. When I went only a week after, second verification came back and said they couldn't verify my legal presence. So I would wait a couple weeks after you've filed so they can make changes to your file in DHS system.
        In most states that is not the case.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by Niia View Post
          Pending I-485 counts as legal status
          As a matter of policy, USCIS has determined that an alien whose status is actually unlawful does not accrue unlawful presence while a properly filed application to adjust status is pending

          A pending I-485 does not actually confer legal status, and it is up to individual states to regard adjustment applicants - by policy or law - as eligible for driver and professional licensing

          Comment


          • #6
            Originally posted by Mieiva View Post
            Hey! Does anybody maybe have an experience with obtaining a DL while waiting for EAD in Georgia or another state?

            I have a US license that expired two days ago from another state where I was a student. My I-20 for the F-1 expired a month ago, so I do not have any paperwork except the receipts/notices that they have received our i-130/i-485 package based on marriage.

            Any thoughts?

            Thanks!
            If you are adjusting status in the United States, for instance from F-1 to permanent residency, it's my understanding that GA would give you a temporary license for few months. At least, that's what one of the representatives at DMV told me back in June. I didn't have to take that course of action but I would highly recommend you to take your expired I-20 and EAD card (if you did OPT) with your I-797 notices for current application for adjustment of status. They probably will give you a temporary license to last for few months and, then, once you get your EAD card, you can renew again with your new EAD card.

            Comment


            • #7
              my DL expires on the 9th of November and i am still awaiting my EAD, PD is june 27th by the way.

              Visited DMV and to my pleasant surprise was told they could extend for another 20 work days, which is 24 december. All my i 797 and my other other documents were scanned to their CIV department. The CIV got in touch with me and issued my DL till, October 2018, which is the expiry of my visitors visa.

              This is a fact

              Anyone living in NC should please call the CIV unit, they have an automated message which tells you that if your DL is about to expire and your papers are with the USCIS they will keep renewing your DL for 20 days till adjudication

              CIV: 919 861 3011

              Hope i get my EAD soon!!

              Comment


              • #8
                Originally posted by Mieiva View Post
                Hey! Does anybody maybe have an experience with obtaining a DL while waiting for EAD in Georgia or another state?

                I have a US license that expired two days ago from another state where I was a student. My I-20 for the F-1 expired a month ago, so I do not have any paperwork except the receipts/notices that they have received our i-130/i-485 package based on marriage.

                Any thoughts?

                Thanks!
                Went to DMV in FL last Tuesday with just NOA letters (AOS - marriage from J1 visa) to renew my driving license (will expire Dec. 25, 2017). Thankfully the ladies over there were so helpful. I have NOT received any approval letter whatsoever, just did the Biometrics last October 26, 2017 and no communication or notices after that. I do not know what exactly they saw on the system, but they were able to renew my driving license for 1 year. New expiry date is December 19, 2018.

                Comment


                • #9
                  Originally posted by kitcat View Post
                  Went to DMV in FL last Tuesday with just NOA letters (AOS - marriage from J1 visa) to renew my driving license (will expire Dec. 25, 2017). Thankfully the ladies over there were so helpful. I have NOT received any approval letter whatsoever, just did the Biometrics last October 26, 2017 and no communication or notices after that. I do not know what exactly they saw on the system, but they were able to renew my driving license for 1 year. New expiry date is December 19, 2018.
                  Each state's requirements for driver's license are different. In most states, you can't get a driver's license solely on a pending I-485, until you get an EAD or green card.

                  It seems that this is the case with Georgia. From this list, it seems there is no acceptable combination of documents you can present in your situation until you get an EAD (I-766) or green card (I-551).

                  This is my personal opinion and is not to be construed as legal advice.

                  Comment

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