Health insurance & driver license while I-485 pending

[dracula224]

Hi everyone,

I was an international student under F-1 visa, then OPT. My OPT (EAD) was ended in May thus forced my driver license expired the same time. My PD is May 27, 19. I have three questions:

1. Driver license: I came to renew my DL at local DMV, they did it and gave me a temporary DL up to Oct. However, my auto insurance could not find my DL valid. I have emailed DMV
and they said that due to my legal status is still pending...Does that make sense as the local DMV officer already renewed my DL and issued my the temporary one and said wait to 3 weeks to get the official DL in the mail... Anyway, because my auto insurance canceled my policy, I think I am not allowed to drive although I have temporary license right?

2. My former school told me that I am required to buy health insurance although I have finished school and my OPT already. They said technically I am still under F1 visa till my pending status is approved...Thus, I am required to get health insurance by law, and I can continue purchasing health insurance from school insurance provider just like an international student under F1 visa. Is that true? Has any one experienced yet?

3. My PD is 5/27/19 for i485 & i130, and 6/11/19 for i131 & i765. I did the biometrics 6/28/19. I am from California. Do you know how long it would take to get EAD and travel parole?

Thank you so much for your help. Sorry I have done the application on my own so I am still learning.

[tmao923]

Hi,

Our cases are pretty much identical! I am in Florida.I was an F-1 and my OPT expired in May, my license also expired in May. My PD is May 31st, 2019.

1. I could not renew my license until I had the receipt notices from the I-485 and I-130. I couldn't drive for almost a month. Once I brought in the receipt notices, they were able to issue me a one-year license. I do not think your auto insurance was supposed to cancel your policy because you have a temporary license. Did you try to speak to an Insurance representative and explain your situation? and maybe send them a copy of your license? And you are right, do not drive a car without insurance, that is illegal.

2. Your school is half correct according to my experience. If you still have a F-1 visa, then yes you are technically still an international student: unless you send your school a copy of your I485 receipt. I started graduate school this August with the I-485 receipt, and I was able to be listed as a pending permanent resident, and I am paying in-state tuition (Thank God). My school said that I had to provide a qualified health insurance otherwise I had to be enrolled with the school insurance. Fortunately, My spouse and I are both on his insurance plan, so I was able to waive the school insurance. I think as long as you are in school, you are required to have health insurance by law. However, it sounds like you are not in school anymore, and I do not think you need to have health insurance: a law passed in 2019 that starting in 2019 people won't be penalized for not having health insurance. Unless you are still somehow affiliated with your school, then you do not need to keep getting their insurance.
PS: some people suggest to keep your current nonimmigrant status (F-1) while the I-485 is pending to be on the safe side, but I do not think it was necessary for me, especially when I am able to receive in-state tuition as a pending permanent resident.

3. I don't think the field office processes the EAD and travel parole, most of them are processed through the NBC. Like I mentioned, our timeline is very similar. I sent in an expedite request for my EAD due to financial loss. My reasoning was that I had spent most of my savings to be enrolled in Graduate school, and that without a job I wasn't sure how to keep financially providing for myself; I mentioned that my spouse also helps me financially, but it is hard to pay for tuition out of pocket without getting a loan (can't get student loan unless you are a permanent resident or citizen). I called to request for the expedition on September 4th, 2019. Faxed them the evidence (my tuition bill, my bank statements, etc) on September 10th, 2019. Then I just got notified yesterday that they have approved and ordered my EAD card on September 17th, 2019! Since you did not expedite your card, maybe it'll be the best to check their processing time table, and send them a "outside of normal processing time" request if gets to that point in the future.

I also did the application on my own with online tutorials! I really hope everything works out for you!

[BBurt]

once u finished and you are on OPT dont think its a requirement. from what ive read you are both done with school and OPT. Dont think they can tell you you need health insurance. I dont have one and im on OPT atm. I filled on May also and currently waiting on my next step

[Enub4]

Usually, people get F1, study for several years and when they are almost finished, apply to OPT to work on something related to their studies. When the OPT end, then you have some time to return to your country or start other studies.

If your OPT ended and you are not studying, then you are no longer F1.

[newacct]

Prior to getting your EAD, you would not be able to get a regular California driver's license, but you can get an AB60 driver's license, which does not require legal presence documents.

[SouthBay2019]

California requires both EAD and Social Security card before issuing driver license. We learned this the hard way! Also after they issue DL, it says "limited-Term" right under Class C. The driver licensed issued to my wife this past month was good for 5 years, however.

[dracula224]

Thank you everyone for your help.

@tmao932: 1: I brought the receipts i485 & 130 to the local DMV so the officer issued me a temporary one. However, when my auto insurance provider checked my DL in the system, it shows invalid. I said I can send them my temporary one but they still refused and cancelled my policy. I even have contacted DMV by email, they said they could not verify my legal status due to pending 485, so I guess I just have to digest this in California as each state is different... I was trying to get another auto insurance and hopefully that would work...I have heard we cannot renew DL in California with notice of receipts, only till we get physical EAD or GC...
2: Congratulations on the discounted tuition. That is such a big save as we know how expensive it is for international students. Yes, I have finished with school (grad school) and not planned to do more school at this moment. I called my school and the staff responded that I am required to remain health insurance as international student...which does not make sense to me as I am totally done with school. I am not sure that person was fully knowledgeable about this matter. Are you sure that I am not required to have health insurance? Although I plan to purchase one anyway just in case, but which legal status should I provide to the insurance company? Do you know which insurance companies are the cheapest for our situations - pending i485?
3: Your right, my office is NCB, but everyone mentions their states so I did as I thought it might relate to other forms processing time. Another congratulation on the expedited EAD. I think you have played very well. Since I am not attending school now, but I assume I can request an expedite for EAD for the same financial loss reason? When I was under OPT, I worked for a local company but after it expired, I could not. They would like me to go back to work as soon as I get work permit. Which number did you call for the expedition? Thank you

@bburt: That is what I think too, no requirement for health insurance. I think the person at my school was not fully knowledgeable about this matter. However, I still plan to get a health insurance just in case. Do you know any reasonable health insurance provider for pending 1485? Thank you

@enub4: I agreed and told the staff from my school that. But he insisted that until I am approved for GC, then I am still under F1 although I have finished school. I do not think he was fully knowledgeable about this matter though.

@newacct: thank you for that information. The local DMV actually issued me a temporary DV, however my DL status shows invalid in DMV system when my auto insurance provider and myself checked. Do you know what other documents to apply for AB60? I had California DL before, it just expired the same time my EAD from OPT expired.

@southbay2019: Yes I was issued the "limited" one before. The funny part is the local DMV officer issued me a temporarly license already up to Oct 19, however when I go to DMV site to check the status, my DL still shows expired and DMV answered due to my pending i485. Is not funny?