Applying CA Driver's license with approved I-130

[mingalaba97]

Based on the new law, a person I know who has filed Adjustment of Status (AOS with form number I-485) under family-based category but unable to get green card due to overstay can now apply for CA Driver's License.

But when that person went to DMV, the person was told to show the original documents of I-130 and I-94.

The problem is that the original I-94 document was taken away during the AOS interview; the I-130 that the petitioner sibling mailed to the beneficiery via Postal service was lost. So the beneficiery has photo copies only.

I wrote an affidavit of sworn statement for the person for both documents to be notarized but the stingy showed those to DMV without notarizing to check whether DMV would approve the CA Driver's license application. DMV told the person "No, they must be original document".

I think that DMV is breaking the law in insisting not to accept a notarize sworn statement. Any idea how to proceed with this issue?

 

[Jackolantern]

The DMV is applying the law correctly*. DMVs don't accept copies or sworn statements for immigration documents.

What about EAD and the I-485 receipt? Does the person have any of those?


*except that they should not be asking for I-130, because I-130 gives the beneficiary no status. It's the I-485 they should ask for.

 

[mingalaba97]

The DMV is applying the law correctly*. DMVs don't accept copies or sworn statements for immigration documents.

I see.

What about EAD and the I-485 receipt? Does the person have any of those?

EAD receipt and I-485 receipt? I don't think the person applied for EAD. It was the petitioner who did the paper work for her sibling beneficiary. I just called the beneficiary to ask for I-485 application receipt.

*except that they should not be asking for I-130, because I-130 gives the beneficiary no status.

It's the I-485 they should ask for.

I see. I thought (I was told by the beneficiary who isn't fluent in English nor well-versed in her case) that the new law allows all those with approved I-130 (not necessary at the stage of I-485 application) to apply for Driver's License.

From what you said, it sounds like only those who has AoS (I-485 application) submission has been accepted that are eligible to apply for Driver's License. regardless whether the beneficiary has been granted Green card or not. Am I right?

 

[Jackolantern]

From what you said, it sounds like only those who has AoS (I-485 application) submission has been accepted that are eligible to apply for Driver's License. regardless whether the beneficiary has been granted Green card or not. Am I right?

If the green card is approved, it proves their status regardless of how the green card was obtained. But if the green card process is still ongoing, it must have had an AOS application (I-485) for the applicant to qualify for a driver's license, otherwise the applicant must have some other non-tourist legal status separate from the green card such as a student visa or work visa.

Unfortunately, the I-485 without EAD or SSN or I-94 probably won't be enough.

What was the basis of the AOS application? Marriage to a US citizen? An under-21 child being sponsored by a US citizen parent? A parent being sponsored by their US citizen child? In any one of those situations, the green card should be approved soon after the interview.

 

[mingalaba97]

If the green card is approved, it proves their status regardless of how the green card was obtained. But if the green card process is still ongoing, it must have had an AOS application (I-485) for the applicant to qualify for a driver's license,

otherwise the applicant must have some other non-tourist legal status separate from the green card such as a student visa or work visa.

I was aware of those with student visa. I came to US on student visa.

Unfortunately, the I-485 without EAD or SSN or I-94 probably won't be enough.

So, you meant approved I-485, not Notice of Action for receiving I-485 application, right?

What was the basis of the AOS application? Marriage to a US citizen? An under-21 child being sponsored by a US citizen parent? A parent being sponsored by their US citizen child? In any one of those situations, the green card should be approved soon after the interview.

Family-based, Preference category 4 (sibling petition).

As far as I know, she doesn't qualify for I-245 (i) since the petition for her was filed in September 2001. (She entered US in May 2001 on Visit visa and overstayed).

BTW, this whole thread started because I heard that people like her with approved I-130 petition can apply for CA DL. Her I-485 is not approved because of overstaying. At least, it wasn't approved. I don't know whether Life Act 245 (i) has been extended or not.

In fact DMV is asking her to provide I-130 original copy and I-94 original copy. DMV is not asking for I-485 approval copy.

I-94 was taken away by the immigration authority during her AoS interview; I-130 original copy was lost when the petitioner mailed it to her via USPS.

Is there anyway she can obtain I-130 original copy and can she ask the immigration office to return her I-94 document to her for this purpose?


It seems that has she not lost lost I130 original copy and still has I-94 in her hand, she would be able to apply for CA DL. BTW, she has no SSN. Her EAD applied at the time of I-485 application was denied.

 

[Jackolantern]

So, you meant approved I-485, not Notice of Action for receiving I-485 application, right?

No, I was referring to a pending I-485, for which the applicant has the receipt. A properly filed I-485 allows the applicant to stay in the US legally while the I-485 is pending, so states will accept the I-485 receipt as evidence of legal status (although they'll usually ask for something else with it, like SS card, EAD, or I-94). Of course, the I-485 could have been denied, so they'll generally check with USCIS to see if the I-485 was denied or not.

As far as I know, she doesn't qualify for I-245 (i) since the petition for her was filed in September 2001. (She entered US in May 2001 on Visit visa and overstayed).

BTW, this whole thread started because I heard that people like her with approved I-130 petition can apply for CA DL. Her I-485 is not approved because of overstaying. At least, it wasn't approved. I don't know whether Life Act 245 (i) has been extended or not.

It was not extended. So she has no basis for adjustment of status or a driver's license because she's in the family 4th preference category and has overstayed before filing the I-485.

In fact DMV is asking her to provide I-130 original copy and I-94 original copy. DMV is not asking for I-485 approval copy.

Perhaps they would have found the I-130 acceptable if accompanied by an unexpired I-94. The fact that they didn't ask for the I-485 receipt doesn't mean the I-485 is not acceptable; I-485 is just one of several options for proving legal status.

Her EAD applied at the time of I-485 application was denied.

And it was correctly denied, because she's not eligible to file I-485 in the F4 category, due to her overstay. She'll soon receive the I-485 denial notice, possibly with removal proceedings initiated soon after. It's time for her to prepare to be deported.

 

[mingalaba97]

Perhaps they would have found the I-130 acceptable if accompanied by an unexpired I-94.

Unexpired I-94 makes sense.

The fact that they didn't ask for the I-485 receipt doesn't mean the I-485 is not acceptable; I-485 is just one of several options for proving legal status.

Got it.

And it was correctly denied, because she's not eligible to file I-485 in the F4 category, due to her overstay.
<br>
She'll soon receive the I-485 denial notice, possibly with removal proceedings initiated soon after. It's time for her to prepare to be deported.

Not so fast. She has another case that is currently preventing her from being deported.

 

[Jackolantern]

Not so fast. She has another case that is currently preventing her from being deported.

Then you should have mentioned that at the start of the thread. That is relevant information which could entirely change the analysis. What is the nature of that case, and how is it stopping her from being deported? Is she married to a US citizen? Or did she apply for Obama's 2-year deferral?