Denial of DL for H-4 holder in VA

[shahrooz]

Hi there,

Pretty similar to the problem other folks have with obtaining a driver's licence in any state, the same thing happened for us here in VA. We came feb., 04 and I was (still am) on H1-b and my wife had an H-4 visa. I got my SSN and she was denied one. Then we went to the DMV. They told us that having SSN is not necessary but we need to show at least two photo ID's to apply for a DL. Well, the only photo iD my wife has which is acceptable for any US official is passport. They said one is not enough and they need at least one more photo ID. We checked the list of possible photo ID's and it seemed impossible to get any of them including state ID. Then I told the guys at DMV that :

"Look ! This is what we have. You don't accept int'l DL and say passport is not enough. Here's your list of acceptable ID's and you know that a H-4 visa holder is not eligible to get any of these. So what now?"

Here's how they responded:

"Well then! your wife can not drive!"

I'm wondering if denial of DL issuance can be this simple. As everyone knows, if you don't live in a big city (Like us, we live in suburbs of washington DC, no metro, no busses) you must have a car, otherwise you'll be caged in your house and can't do anything. So, anyone in VA with similar problem and any success in getting a DL with H-4 visa?

I appreciate your help.

 

[AverageAmerican]

There is no right to have a drivers license.

 

[meg_z]

Did you get your drive licanse?

There should not much different for H1 and H4 to get DLs. This is based on my experience in PA. The documents are similar except for H4, you need some sort of affadavit from H1 stating you are residing together at such such address etc. Are you sure that two photo IDs are required? Even an AVERAGE AMERICAN can not produce two photo IDs without drive licanses or state ID cards for those who do not drive. Do not just take the person's word for it. He/She may lack the knowledge of dealing with issues related to H visa. This is from my experience of renewing my DL yearly for the past three years. Go to the state DMV site and download the required document list for H visa holders. Good luck.

Also go to immigrationvoice.org to find a thread talking about DL in various states. You may find some postings for VA.

Hi there,

Pretty similar to the problem other folks have with obtaining a driver's licence in any state, the same thing happened for us here in VA. We came feb., 04 and I was (still am) on H1-b and my wife had an H-4 visa. I got my SSN and she was denied one. Then we went to the DMV. They told us that having SSN is not necessary but we need to show at least two photo ID's to apply for a DL. Well, the only photo iD my wife has which is acceptable for any US official is passport. They said one is not enough and they need at least one more photo ID. We checked the list of possible photo ID's and it seemed impossible to get any of them including state ID. Then I told the guys at DMV that :

"Look ! This is what we have. You don't accept int'l DL and say passport is not enough. Here's your list of acceptable ID's and you know that a H-4 visa holder is not eligible to get any of these. So what now?"

Here's how they responded:

"Well then! your wife can not drive!"

I'm wondering if denial of DL issuance can be this simple. As everyone knows, if you don't live in a big city (Like us, we live in suburbs of washington DC, no metro, no busses) you must have a car, otherwise you'll be caged in your house and can't do anything. So, anyone in VA with similar problem and any success in getting a DL with H-4 visa?

I appreciate your help.

 

[wik]

Write a letter to the top Director of your State DMV explaining the Catch-22 situation. If you have an immigration attorney, you might want to run the letter by them first in case there is any useful 'legalese' that might help you. My wife had a similar situation (13 years ago!) and we prevailed by enlisting the help of the then Director of the California DMV.

 

[shahrooz]

There is no right to have a drivers license.

Excuse me?

Did you get your drive licanse?

There should not much different for H1 and H4 to get DLs. This is based on my experience in PA. The documents are similar except for H4, you need some sort of affadavit from H1 stating you are residing together at such such address etc. Are you sure that two photo IDs are required? Even an AVERAGE AMERICAN can not produce two photo IDs without drive licanses or state ID cards for those who do not drive. Do not just take the person's word for it. He/She may lack the knowledge of dealing with issues related to H visa. This is from my experience of renewing my DL yearly for the past three years. Go to the state DMV site and download the required document list for H visa holders. Good luck.

Also go to immigrationvoice.org to find a thread talking about DL in various states. You may find some postings for VA.

Well, I got mine because I had SSN and also DMV accepted the debit card from my bank as a photo ID. I also had the petition for H1-b and a few more stuff so I didn't have any problems. My wife didn't have any of the stuff and still doesn't. Actually I was very persistent and didn't pull back with one negative answer from one person. Virginia is very tough on ID's and asks for quite many documents to be provided even before they look at your face! I'm confused. You can't legally admit someone into your country and then deprive them from very premitive rights such as driving.

BTW, I'll check that website you recommended. Thanks for your help.

Write a letter to the top Director of your State DMV explaining the Catch-22 situation. If you have an immigration attorney, you might want to run the letter by them first in case there is any useful 'legalese' that might help you. My wife had a similar situation (13 years ago!) and we prevailed by enlisting the help of the then Director of the California DMV.

It looks like everything has changed since 911. Some radical person (Bin Laden) did something and now ordinary people are being hurt because of what he did, the same way he hurt many innocent people in the first place. Many have told me that things weren't this strict and tough before 911 and now is the time for being picky ! I'm applying through PERM shortly and I've heard that Once I get the LC, my wife will be eligible for SSN and will also be allowed to work.