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Drivers license pending I-485? no EAD, no SS#

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  • Drivers license pending I-485? no EAD, no SS#

    Hi i hope you can help me with my problem and the situation is
    this

    I live in St. Louis Missouri and i went to the DMV here to apply for a
    drivers license, i pass the test and they gave me my drivers
    examination record to take to the Department of Revenue but they didnt
    accept my papers and they didnt want to give me a drivers license and
    here its why:

    I'm mexican and i married a US citizen, i have my marriage certificate
    (with i know is not helpful for this case, and i applied for a
    permantent resident status (i-485 wich i have proof of)

    I went to 2 Departments of revenue and in the 1st one they told me that
    since my I-94 was expired they could not give me a license, i explained
    that since i'm married i dont have to ask for another i-94 and that i have
    proof that i'm adjusting my status but they didnt listen

    In the second one they told me that if i'm not US citizen the ONLY
    legal document they accept is the permanent resident card since they
    have to take a copy of it with an alien number and the expiration date,
    I did a research and in the DOR web page says that if i'm an applicant for
    adjustment of status (which is exactly what i am) i can ask for a
    driver license and also in every department of revenue they have a big
    poster wall saying that if i'm not a US citizen i should give proof of
    my lawful presence by showing an immigration paper with the current
    status OR AN APLICATION OF ADJUSTMENT OF STATUS

    I asked the manager in the second DOR that if its saying in the wall
    that i could show an aplication of adjustment of status (wich i was
    having in my hand at that moment) as proof of lawful presence why they
    dont want to accept mine, she just said "i dont know, we just accept
    permanent resident cards"

    I told her that what about an US Employment Authorization Document?
    (wich even when i'm approved with and they sent it by mail to me now i
    dont have to show it since like i said before in your webpage and in
    the walls of every DOR says that if i have proof of adjusting my status
    i can apply for a drivers license) she said no, i asked what about a US
    social security card and she said no too

    So the documents that i have are:

    1.-Mexican passport (wich is proof of identity)
    2.-Proof of Residency
    2.-An USCIS notice saying that right now i'm applying for adjustment of
    status (I-485), it doesnt says i was approved or denied because that
    would be a permanet resident card and i would not have to be writing
    right now but as it says in page 4 of documents required for a drivers
    license if i am an APPLICANT for adjustment of status i am then
    elegible for one and the documents i have to show are and i quote
    "immigration document indicating status" (i-485 wich says APPLICATION
    to register permanet residence OR ADJUST STATUS) AND one of the
    following: employment authorization document (wich even when mine is in
    the mail right now they told me they wont accept) or a passport

    So as you can see i have all the requirements for a drivers license but
    the people in the DOR dont want to give me one for one or another
    reason but is maybe is because like the manager of the 2nd one said she
    just doenst know

    Hope you can help me with my case, thank you

  • #2
    Re:

    Espencer,

    I dont know how the law exactly is in Missouri, but in California you have to have the following document to apply for a DL:

    1. Social security # (a must, since they verify the matching name)
    2. Passport from your country
    3. Either your EAD, green card, or I-94 stamped Asylee, refugee, parole.

    I know for a fact that the "Receipt notice of filing the I-485" is not an evidence of grant for permanent resident. It is just a receipt that says that you have only filed. DMV doesnt know if the application maybe denied later.
    I know how frustrating could be... that is the law...

    I think you will have to wait for your EAD and your social security # to be able to apply for your DL.

    The above is true in CA, I am not sure in other states, but I believe it is the same for every state since it is a federal law to require all those documents.

    Good luck... and have a little patient.... you are almost there...
    Last edited by ccordova624; 16th February 2006, 10:21 PM.
    LPR Since 06/15/06

    Comment


    • #3
      Originally posted by espencer85
      I told her that what about an US Employment Authorization Document?
      (wich even when i'm approved with and they sent it by mail to me now i
      dont have to show it since like i said before in your webpage and in
      the walls of every DOR says that if i have proof of adjusting my status
      i can apply for a drivers license) she said no, i asked what about a US
      social security card and she said no too
      Ok let's say that even when in their webpage they say they accept an I485 but if i go to the DOR they say other thing what about the other papers?

      I asked if an EAD or social security number will be fine and she said N-O she said "we just accept PERMANENT RESIDENT CARDS"

      A lawyer said that an i485 would be enough for a 2 years driver license

      Comment


      • #4
        Re:

        More info oin the link above.
        Print it nd take it to the DOR.
        The following link is from the DMV Missoouri.
        http://www.dor.mo.gov/mvdl/drivers/idrequirements.pdf

        **Look under
        Proof of Lawful Presence for Non-U.S. Citizens
        "Lawful temporary residents" --- which wil be what are you going to be. It says EAD and passport. I addition to the social security # and proof of residency...
        AND another document showing "your status" that in your case maybe the receipt notice....showing that your case is still pending
        You can print it and show them... but you are going to need all those documents.
        Last edited by ccordova624; 16th February 2006, 10:41 PM.
        LPR Since 06/15/06

        Comment


        • #5
          Originally posted by ccordova624
          More info oin the link above.
          Print it nd take it to the DOR.
          The following link is from the DMV Missoouri.
          http://www.dor.mo.gov/mvdl/drivers/idrequirements.pdf

          **Look under
          Proof of Lawful Presence for Non-U.S. Citizens
          "Lawful temporary residents" --- which wil be what are you going to be. It says EAD and passport. I addition to the social security # and proof of residency...
          AND another document showing "your status" that in your case maybe the receipt notice....showing that your case is still pending
          You can print it and show them... but you are going to need all those documents.
          Thanks i've seen that webpage before and thats exactly why i started the whole thing, and actually the first status on page 4 is "applicants for adjustment of status" and ONE of the following: EAD (wich i still dont have right now) OR passport (wich i have)

          But like i said before THEY have big announcements all over their walls saying that they accept a USCIS document proving that i'm apllying for status (my i-485) and even me saying "look, it says right there on your wall that you accept THIS DOCUMENT I HAVE HERE IN MY HAND" they are just "no, your i-94 is expired" (in one of the offices) and "i'm sorry just permanent resident card" (in the other office) or "i'm sorry your I-485 is just an application" wich i always respond with "then why the hell it says there in your wall that all i need is PROVE OF APPLICATION??? if you are not gonna follow your own rules take your information off the walls and off the internet"

          Comment


          • #6
            Ever since the DMVs in every state became the front line for immigration enforcement efforts, it has been a nightmare. Back in 1993, my wife and I applied for driving licenses in California (0-1 and 0-4 visas) and although we got them, my wife was given a really hard time (her SSN was stamped "not valid for work" and the women at the DMV asked probing questions about how she was supporting herself if she couldn't work.) I was so upset by the treatment that I wrote a letter to the Director of the CA DMV (and had my lawyer read it first to make sure I wasn't saying anything that would get me in trouble). I got a letter back very quickly apologizing for the employees behavior, and was actually told that the employee was being disciplined as it had happened before.

            So, how does this apply to you? Clearly you are meeting the legal and official requirements set forth by your states DMV. The problem is that renegade and ill-informed employees are making up their own rules. You need to escalate this to the top person of the Missouri DMV (usually the Director). Send a clear letter, include copies of the documents you are trying to use, and copies of your state's DMV code for acceptable documents, and that you demand satisfactory service. It will get handed down to someone who will then help you - someone with knowledge and authority. You might mention in your letter that you know some press people who would be interested in the story of how legitimate applicants are being denied licenses.

            EB1-EA | ND: 08.08.02 | AD: 07.09.04 | Non-concurrent | NO RFEs

            Comment


            • #7
              Originally posted by wik
              Ever since the DMVs in every state became the front line for immigration enforcement efforts, it has been a nightmare. Back in 1993, my wife and I applied for driving licenses in California (0-1 and 0-4 visas) and although we got them, my wife was given a really hard time (her SSN was stamped "not valid for work" and the women at the DMV asked probing questions about how she was supporting herself if she couldn't work.) I was so upset by the treatment that I wrote a letter to the Director of the CA DMV (and had my lawyer read it first to make sure I wasn't saying anything that would get me in trouble). I got a letter back very quickly apologizing for the employees behavior, and was actually told that the employee was being disciplined as it had happened before.

              So, how does this apply to you? Clearly you are meeting the legal and official requirements set forth by your states DMV. The problem is that renegade and ill-informed employees are making up their own rules. You need to escalate this to the top person of the Missouri DMV (usually the Director). Send a clear letter, include copies of the documents you are trying to use, and copies of your state's DMV code for acceptable documents, and that you demand satisfactory service. It will get handed down to someone who will then help you - someone with knowledge and authority. You might mention in your letter that you know some press people who would be interested in the story of how legitimate applicants are being denied licenses.
              Thanks for the tip, i think thats what i'm gonna do

              Comment

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