Drivers License Expiring Soon - DMV Won't Renew

[aggiedubs]

My husband's driver's license is expiring on Dec 5th. That's the same date that his EAD expires. We applied for EAD renewal, and it's still pending. We took the I-797c notice with us explaining that with the receipt of this document, he's legally authorized to continue working 6 months beyond his EAD expiration date. We also brought the I-797c for his pending AOS. They denied it.

Is this correct? Should they have extended it the 6 months? This is huge because he has a job that he goes to every day. Luckily our interview is on Dec 17th but still. What's he supposed to do?

Has anyone faced this problem?

Thanks!

[canadianRN]

I think it depends on what state you?re in! The rules could differ state to state. In Virginia, the I797 is sufficient for a license renewal.

[DreamBigg]

Try a different DMV

[Angie_CA]

My husband's driver's license is expiring on Dec 5th. That's the same date that his EAD expires. We applied for EAD renewal, and it's still pending. We took the I-797c notice with us explaining that with the receipt of this document, he's legally authorized to continue working 6 months beyond his EAD expiration date. We also brought the I-797c for his pending AOS. They denied it.

Is this correct? Should they have extended it the 6 months? This is huge because he has a job that he goes to every day. Luckily our interview is on Dec 17th but still. What's he supposed to do?

Has anyone faced this problem?

Thanks!

Same thing happened to me but they gave me a temporary for 2 months (state of California). Then a month after i tried a different DMV and they gave me one for 6months. try a different dmv until you get it.

[UScitizenFilingforspouse]

I just looked at the DMV site and there is no mention of I-797s. The only way around the tight list of documents I see is this. One of the requirements is an "Unexpired Employment Authorization Document (EAD) issued by DHS, Form I-766 or Form I-688B; verified by the Systematic Alien Verification for Entitlements system (SAVE)"

I would bring the I-797 for the renewal and print the USCIS page(s) that explain that those in category c9 get an automatic 180 day extension. Therefore, his EAD + I-797 should suffice to get him an extension on his Driver's license.

I would request to speak to a supervisor - politely, of course. Explaining the automatic 180 day extension may not be enough to convince them. Most DMV officers are not all that familiar with immigration policies or updates, either. I would just keep asking for a supervisor until you get an extension on his Driver's license.

You can also call USCIS in the presence of the DMV officer. Annoying? Cumbersome? Yes, but it is what it is. I would at least try.

It seems to me that this would be enough reason to request expedited processing of the EAD, as well. It may seem capricious to some but he should not have to miss work for a full 8 days or longer because he does not have a driver's license. I would even enlist the help of your congressperson or Senator.

There is also this. Utah has Real ID DLs AND Driving Privilege Cards. The latter are for individuals who are unable to establish legal/lawful presence. https://dld.utah.gov/licensingid-car...lege-card-dpc/ So if all else fails, then you could ask for a Driving Privilege Card. You can just head back to the DMV right after the interview with your I-551 stamp to request a Real ID driver's license.

[MissJa]

In a similar situation

I?m in a similar situation, but I realise on the DL it?s two dates. One that says temporary vistitor until xx date (which is the EAD expiration date) but under that date there is the date issue and the expiration date which is date (year 2021).
So I?m a bit confuse that if I?m pulled over god forbid, will expiration date be from when my EAD expires or is it the date stating it?s expired in the year 2021?
I will have to go to dmv and join that long line just to rectify.

[MissJa]

Sorry read the topic wrong.

Didn?t saw that your DL will expire soon and your EAD.
Anyways good luck with dmv.

[randompeasant]

From some of the experiences I've read, some places won't do it until the EAD has actually expired, and I think it's because they read the wording on the notice to mean that the notice doesn't extend your status unless you've applied and haven't gotten the renewal before the expiration date. (As in, you haven't expired? well you might still get the renewal before then! (even though we all know how unlikely that is))

[aggiedubs]

I just looked at the DMV site and there is no mention of I-797s. The only way around the tight list of documents I see is this. One of the requirements is an "Unexpired Employment Authorization Document (EAD) issued by DHS, Form I-766 or Form I-688B; verified by the Systematic Alien Verification for Entitlements system (SAVE)"

I would bring the I-797 for the renewal and print the USCIS page(s) that explain that those in category c9 get an automatic 180 day extension. Therefore, his EAD + I-797 should suffice to get him an extension on his Driver's license.

I would request to speak to a supervisor - politely, of course. Explaining the automatic 180 day extension may not be enough to convince them. Most DMV officers are not all that familiar with immigration policies or updates, either. I would just keep asking for a supervisor until you get an extension on his Driver's license.

You can also call USCIS in the presence of the DMV officer. Annoying? Cumbersome? Yes, but it is what it is. I would at least try.

It seems to me that this would be enough reason to request expedited processing of the EAD, as well. It may seem capricious to some but he should not have to miss work for a full 8 days or longer because he does not have a driver's license. I would even enlist the help of your congressperson or Senator.

There is also this. Utah has Real ID DLs AND Driving Privilege Cards. The latter are for individuals who are unable to establish legal/lawful presence. https://dld.utah.gov/licensingid-car...lege-card-dpc/ So if all else fails, then you could ask for a Driving Privilege Card. You can just head back to the DMV right after the interview with your I-551 stamp to request a Real ID driver's license.

As always, thank you for your amazing advice!

What's weird is that we had a letter that the Utah DMV sent us giving us instructions on what paperwork we needed in order to renew. It was on their frickin letter. We brought it all and they still denied it. Gonna try a different location soon. So ridiculous!

- - - Updated - - -

From some of the experiences I've read, some places won't do it until the EAD has actually expired, and I think it's because they read the wording on the notice to mean that the notice doesn't extend your status unless you've applied and haven't gotten the renewal before the expiration date. (As in, you haven't expired? well you might still get the renewal before then! (even though we all know how unlikely that is))

They did mention something about how when it expires to come back and they would push it through. I didn't quite understand what they meant because in the same breath they said in their system he doesn't show as eligible to receive a renewal. I don't think they knew what was going on, to be quite honest.

[MrsH]

Hi! I have the same situation wherein my EAD and drivers license will be expiring soon - Nov 2018. I already applied for the renewal as early as August 2018 and received the I797c. When i went to DMV here in california last Nov9 the lady who assisted me accepted the I797c and the EAD card as proof of status but she told me that she can only give a temporary drivers license which is just a paper and has a validity only of 3 months which is until february 2019. She said that they will not be sending me the drivers license card in the mail until i can present the actual renewed EAD card or other proof of status like greencard. And then i asked why only 3 months, when i have an automatic extension of 180 days for my EAD. She said that thats there policy, they can only give me 3 months first then i can just go back again in DMV and renew using the same documents if ever the proof of status or the actaul EAD has not still arrived. She didn?t put a hole in my current drivers license yet, she said i can still use it as an ID, just show the expired driverse license card and the temporary paper drivers license.

Hopefully, the renewed EAD will arrive soon si i dont have to go back every 3 months to renew.

My husband's driver's license is expiring on Dec 5th. That's the same date that his EAD expires. We applied for EAD renewal, and it's still pending. We took the I-797c notice with us explaining that with the receipt of this document, he's legally authorized to continue working 6 months beyond his EAD expiration date. We also brought the I-797c for his pending AOS. They denied it.

Is this correct? Should they have extended it the 6 months? This is huge because he has a job that he goes to every day. Luckily our interview is on Dec 17th but still. What's he supposed to do?

Has anyone faced this problem?

Thanks!

[UScitizenFilingforspouse]

As always, thank you for your amazing advice!

What's weird is that we had a letter that the Utah DMV sent us giving us instructions on what paperwork we needed in order to renew. It was on their frickin letter. We brought it all and they still denied it. Gonna try a different location soon. So ridiculous!

- - - Updated - - -


They did mention something about how when it expires to come back and they would push it through. I didn't quite understand what they meant because in the same breath they said in their system he doesn't show as eligible to receive a renewal. I don't think they knew what was going on, to be quite honest.

You're welcome! I hope it all works out.

[Angie_CA]

Hi! I have the same situation wherein my EAD and drivers license will be expiring soon - Nov 2018. I already applied for the renewal as early as August 2018 and received the I797c. When i went to DMV here in california last Nov9 the lady who assisted me accepted the I797c and the EAD card as proof of status but she told me that she can only give a temporary drivers license which is just a paper and has a validity only of 3 months which is until february 2019. She said that they will not be sending me the drivers license card in the mail until i can present the actual renewed EAD card or other proof of status like greencard. And then i asked why only 3 months, when i have an automatic extension of 180 days for my EAD. She said that thats there policy, they can only give me 3 months first then i can just go back again in DMV and renew using the same documents if ever the proof of status or the actaul EAD has not still arrived. She didn?t put a hole in my current drivers license yet, she said i can still use it as an ID, just show the expired driverse license card and the temporary paper drivers license.

Hopefully, the renewed EAD will arrive soon si i dont have to go back every 3 months to renew.

Same happened to me (i explained in details in a prvs post). They gave me a temporary for 2 months (the paper only), when it was about to expire i tried a different dmv (San Francisco) and brought the same docs (expired ead, I-797c etc) and they gave me a DL for 6 mos.

[mikeusstory]

Drivers license - ead card - i485

I have a pending i-485 awaiting for adjudication. Change of status. I renewd
my dl last july 2018 using my ead card which will expire september 2019.
To my surprise dmv gave me a 5 years drivers license.
Is there any significance with my current application? What do you guys think about this?
Thanks! God bless!

[PS2015]

Today I had trip to Edison DMV - They said your case is verified and showing EAD approved, show me EAD card and will give you license. I told them that I do not have EAD yet and I came here only to get 240 days of Temp license based on my pending Visa extension. But they did not listen and even I spoke to Supervisor and she kept on saying same thing that bring EAD bla bla. I asked her to raise another query with me Visa Receipt (797 for i129), but they are not agreeing. Now I am stuck and dont know how to get even temporary license till my Visa is approved or EAD card (which seems to be 4-5 months away). DMV verified my status with SAVE using AOS receipts - and now they are not willing to do with Visa receipt.
Does NJ DMV issue temp license for AOS/EAD pending cases?

appreciate any suggestion here