Driver License while Waiting.....

M

memevertical

Registered Users (C)
Hi everyone, I have a specific question, I hope someone can help me with this:

I'm about to send my papers to get Adjustment of Status. I have overstaid for 120 days now, but I was told that since my wife is US Citizen, there's no problem with that. Anyway, I called the DMV here in Florida, and they told me that I can get a Driver License with my passport and my VISA (B1-B2) which I used to enter the country.

My question is, if I apply, but they realize that I have overstaid, can they call immigration on me? or should I just wait to send my AOS form and after they recieve it do the license thing?

I ask this because I was under the impresion that right now I should be deported, but as soon as I send my AOS form along with all other forms my status here changes and I can stay.

Thanks for all the help.
 
memevertical said:
My question is, if I apply, but they realize that I have overstaid, can they call immigration on me? or should I just wait to send my AOS form and after they recieve it do the license thing?
Click to expand...

You have better chances of winning the lottery than to be reported and deported, but if it makes you sleep better at night, wait until you have the I-485 receipt.
 
DMV employees at times don't even grasp state laws, understanding federal regulations are beyond their scope :)

memevertical said:
I called the DMV here in Florida, and they told me that I can get a Driver License with my passport and my VISA (B1-B2) which I used to enter the country.
Click to expand...
 
Expect to have a very hard time getting a DL without a SSN, and without an explicit authorized period of stay for 180 days or more (such as a valid I-94).
 
PraetorianXI said:
Expect to have a very hard time getting a DL without a SSN, and without an explicit authorized period of stay for 180 days or more (such as a valid I-94).
Click to expand...

Remember that this is Florida - they have a lot looser rules because of the large number of Canadian snowbirds who have neither an SSN nor an I-94. I would expect, however, that the SSN/authorized stay exemption would only apply to those with proof of Canadian citizenship, but then again DMVs never cease to surprise me (and rarely in a good way).
 
Check their rules. If they have a rule something like you need to have 1 year with at least 6 months remaining on you temporary visa, you might not get the DL.
 
Thanks for all your answers.

Actually, the guy I spoke to on the phone told me, that all I need is my VISA. I have to make an appointment, bring my VISA and thats it, I have to take written and driven test. You think he may be mistaken?

Thanks.
 
memevertical said:
Anyway, I called the DMV here in Florida, and they told me that I can get a Driver License with my passport and my VISA (B1-B2) which I used to enter the country.
Click to expand...
Visa alone is not sufficient. They will want to see an unexpired I-94 or EAD. And they won't give you a DL if the visa is a B1/B2.
 
Last edited by a moderator:
When I used to live in Florida, each time I had to renew my driver's license, they renewed it with the expiration date matching on the visa or passport or the I-94, whichever was earliest. Thatwas true even after being in the US and having a driver's license legally for more than 10 years (mostly as a student).

So in my opinion any DMV officer who knows his/her job and pays attention to you specifics would not be able to give you a licence; sorry... After you file the 485, than it becomes a different situation and that would provide you with the temporary legal status to get a license; that's just a guess though... Good luck.
 
I am a Florida resident and I know it's very difficult for immigrants to get licenses without a valid I-94 and or Social Security. Immigrants with USCIS receipts are turned down every day .They are told they need a SS number.
 
Last edited by a moderator:
You must log in or register to reply here.
Top