DMV will not renew my driver's license even though I'm legal

A

anavi

New Member
Please, anyone who knows anything about it, help me!
My husband and I have filed our petition for an extension of stay in our non-immigrant status (he's a Canadian citizen under a TN and I'm a Brazilian citizen under a TD). We filed our petition before our I-94 cards expiration date. We have received the USCIS receipt number (I-797C - notice of Action) telling us our case has been received and is pending. We reside in California. According to M-579 (information about how to extend the status of a non-immigrant), while we wait for the USCIS answer, we are legal in the country, and therefore eligible to continue doing what we were doing before, including employment, for a period up to 240 days, or until the USCIS office grants us an answer. The company where my husband works had no problem dealing with work eligibility while we wait for the extension of stay approval, and he will keep receiving his payments regularly. However, the DMV will not renew my driver's license, which will expire on March 18th, (same date as my I-94 card). If I am still legal in the country, for I filed for an extension of stay BEFORE my I-94 expired, and I have the USCIS receipt attesting that my case is pending, why won't they renew my license for at least a limited amount of time?
If the United States immigration policies say I'm legal in the country for a period of 240 days or until the USCIS office answers my petition, won't this be enough as a proof of legal presence?

I've been to 2 DMV offices today - Los Gatos office, where I live, and San Jose office, where I thought they would have more experience dealing with it. I know this is a new regulation, so anyone who has more information about it, let me know, please! I'd appreciate it :)
 
My NY DL says:

Temp. Visitor Exp: 11-15-08 (I-94 expiration date for my current TN)

Expires xx-xx-2012

I'm a bit confused, which expiration date I should go with? Do I need to "renew" my DL when I get the new I-94 this November? I lived in CT before, they didn't bother if you were a visitor or not.

Thanks.
 
nelsona said:
Answered in other post. You need the I-94. You need to get your TD at the border
Click to expand...

Nelsona, you got me a bit confused here actually.... I got exactly the same situation as the person who posted the question, my wife is non-Canadian too. Isn't that only Canadian and Mexican dependents are eligible to apply for or renew their TD at the border? Non-Canadian dependents like the one in the post above can only apply for TD at the US consulate in Brazil or file the I-539 within the US what they already did.
 
Yes, I did not catch that she was brazilian. desculpe

I don't even think mexicans can get I-94 without a visa.

...and she may beable to get visa at a consulate in canada.

But the only way she will get an i-94 earlier than when USCIS wants to send it to her is at the border, or by upgrading BOTH her I-539 and hubby's I-129 to premium processing.
 
True

Yes, that is true. I went to the US consulate in Vancouver last year, and got my TD visa there. It is the first time we're renewing it by mail. We should have sent our application earlier, but we had no idea the DMV in California would not accept the USCIS receipt as enough proof that we're legal. My husband's company only requested the receipt to keep his work eligibility. His DL, as well, is not tied to his I-94. I've heard that pretty soon all Canadians working under TNs will have to renew their licenses every year. So far, it hasn't happened yet. I can't really go to Canada, since my Canadian visitor visa expires tomorrow as well, and the Canadian consulate won't give me more time than the Americans. In less than 2 years I've had 3 Canadian visitor visas, and no matter how many times my father-in-law sends them letters of invitation, proof that he worked for the Canadian government, or how much money we have at the bank. They simply won't give me more than 6 months, and I'm talking about the visa itself, not the time you get at the border when you enter the country. So, in a way, the Americans are a little bit nicer than the Canadians (hahaha). :p I usually joke with my husband that, if I wanted a green card, I wouldn't have married a Canadian. Anyways, thanks for your answers. At least I know I'm not alone :)
 
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