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Driver's License Denial - I-539 Required

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  • Driver's License Denial - I-539 Required

    Dear all:

    Department of Motor Vehicles of Florida denied my drive's licence on October because "I filed my I-485 with a B2 visa without changing status through an I-539, thus insinuating my presence in the US is unlawful".

    My lawyer prompted me to claimed a reconsideration of my case because "my I-485 filing was based upon the "Acceptable Documents Table for Driver Licence Agents".

    After reconsideration, the driver licence agent denied my driver's licence for the second time because "I filed an I-485 without changing status through an I-539 form". The agent prompted me to "come back after my EAD is granted". My EAD will take a while.

    However, Florida's DMV granted the driver's licence to my husband in July even though he neither changed status with I-539 before filing his I-485 after approval of his I-140.

    What is going on here?. Do I have an unlawful presence?. Will my EAD be denied for the same reason?.

    Can somebody give me comments about, please?.
    Last edited by samlynn; 12-05-2017, 02:20 PM.

  • #2
    Originally posted by Negrita View Post
    Dear all:

    Department of Motor Vehicles of Florida denied my drive's licence on October because "I filed my I-485 with a B2 visa without changing status through an I-539, thus insinuating my presence in the US is unlawful".

    My lawyer prompted me to claimed a reconsideration of my case because "my I-485 filing was based upon the "Acceptable Documents Table for Driver Licence Agents".

    After reconsideration, the driver licence agent denied my driver's licence for the second time because "I filed an I-485 without changing status through an I-539 form". The agent prompted me to "come back after my EAD is granted". My EAD will take a while.

    However, Florida's DMV granted the driver's licence to my husband in July even though he neither changed status with I-539 before filing his I-485 after approval of his I-140.

    What is going on here?. Do I have an unlawful presence?. Will my EAD be denied for the same reason?.

    Can somebody give me comments about, please?.
    they dont know what they are doing. Ask for a supervisor. You lawyer should be helping you with this - he can write a letter to the DMV. By their list of acceptable documents, Pending i-485 is accepted.
    Last edited by samlynn; 12-05-2017, 02:20 PM.

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    • #3
      Driver's License Denial - I-539 Required

      Thank you ASBLK.

      They argue the Verification of Lawful Status System section (LIR18) for the FDLIS issuance requirements (see bottom of the table) does not conform.

      Comment


      • #4
        Originally posted by Negrita View Post
        Thank you ASBLK.

        They argue the Verification of Lawful Status System section (LIR18) for the FDLIS issuance requirements (see bottom of the table) does not conform.
        Like I said earlier they dont know what they are doing. They are contradicting their own acceptable documents. Ask for a supervisor or go to a different office. Look on that table under i-797 for i-130.
        Attached Files

        Comment


        • #5
          Print out the Form/Page

          Hello. Negrita is right. Whenever you go there look for a supervisor. Also you can print the form/page where it says that the form i797 is an acceptable document for renewing license, highlight it and show it to them. I’m from texas and i got the same situation as yours. I went to DMV directly And ask ask assistance from a supervisor. And now i’m just waiting for my renewed license on mail. Goodluck

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