Driver's License Dilema

eddie_240

Registered Users (C)
Ok here is my problem. My license expires in May of this year it was issued from CA in 2002 when I first entered in the US holding an H4. My asylum was granted in 2004 and my license expires in 2006 of July and now I am residing in NY and want to change to NYS License. For proof of identity all I have is SSN, EAD and CA Drivers license and grant of asylum letter from judge.

Applied for my I-94 last year in May and I am still waiting for it as they always say that they are waiting for background checks to come back.

Now I have been told that NYS don't issue license if you don't have I-94 any idea what should I do how can I get a new license.

Any advice will be appreciated.

Thanks

Ed
 
I was just there last week, they do recognize your asylum as a proof for "permanent" residency, but without the I-94 they will not issue you a new license.

So, the way I see it you have these options:

1) Wait until you get I-94.
2) Drive to Canada (8 hrs), get a new I-94 coming back - provided you have a travel document.
3) Get an international license, or use your home country license in the meantime, in NYS these are valid for 6 months (in theory).
4) Take the subway, is cheaper and faster.
 
I can't travel to Canada as I still waiting for my Travel Document. How do I get an International Driving License.
 
eddie_240 said:
Applied for my I-94 last year in May and I am still waiting for it as they always say that they are waiting for background checks to come back.

Now I have been told that NYS don't issue license if you don't have I-94 any idea what should I do how can I get a new license.

Hi Eddie_240. I don't know the answer to your questions, but I have a question. How come they didn't give you an I-94 when they approved your asylum? I don't know if things changed since I was approved asylum, but my I-94 came with my approval.
Good luck
 
California DL

Just got my I-130 approved. I got all excited cuz I thought I'd be able to get my DL with the I-797 receipt of the approved petition, but when i went to the DMV they told me that I need a I-94 attached to the approved notice of action for them to issue a DL. I'm confused, my lawyer said most people that work at the DMV don't know what they are talking about and that I should go back and try again, even ask for a supervisor to talk to...what is the difference between an I-797 approved petition with the I-94 attached and the one without? Please help if anyone knows the answer.
 
bobdarling said:
Just got my I-130 approved. I got all excited cuz I thought I'd be able to get my DL with the I-797 receipt of the approved petition, but when i went to the DMV they told me that I need a I-94 attached to the approved notice of action for them to issue a DL. I'm confused, my lawyer said most people that work at the DMV don't know what they are talking about and that I should go back and try again, even ask for a supervisor to talk to...what is the difference between an I-797 approved petition with the I-94 attached and the one without? Please help if anyone knows the answer.


Please give out more information, like the state you live in, your present immigration status and which relative filed the I-130 for you (and his or her status in the US). Without this information we would be making comments in the dark.
 
thankful said:
Please give out more information, like the state you live in, your present immigration status and which relative filed the I-130 for you (and his or her status in the US). Without this information we would be making comments in the dark.
I was sponsored by my brother who is a US citizen. He filed the I-130 under the 245(i) law(April 31st 2001)...i was under a B2 tourist visa when he filed in NYC but I fell out of status a year and a half after the filing. I just got the approval notice of the petition Feb.15th 2006. Right now I live in California, that's where I tried to get my DL but they said they need a I-94 attached to my notice of action. Question is: what is the difference between an approved notice of action with an I-94 attached to it and the one that doesn't have an I-94 attached?
 
Eddie,

If I were you I just will show up in the License offfice and say you want to change your license to NY license. That is that I did and they did not request any evidence, they just change it right away. However, I am not in NY. But it could work. If not turn around and leave. :D
 
bobdarling said:
I was sponsored by my brother who is a US citizen. He filed the I-130 under the 245(i) law(April 31st 2001)...i was under a B2 tourist visa when he filed in NYC but I fell out of status a year and a half after the filing. I just got the approval notice of the petition Feb.15th 2006. Right now I live in California, that's where I tried to get my DL but they said they need a I-94 attached to my notice of action. Question is: what is the difference between an approved notice of action with an I-94 attached to it and the one that doesn't have an I-94 attached?

Well, an approved I-130 does not normally come with an I-94. And an approved I-130 does not change your immigration status in the United States at all. Nothing will happen to your immigration status on the basis of that approval for probably 10 years (since it was your brother who sponsored you). In other words you cannot apply for your green card for 10 years.

Because the I-130 does not impact your immigration status for the time being, the vast majority of states do not accept it for DL purposes. So I am afraid that you cannot get a license.

Because the wait for your green card is so long I think you need to explore other immigration options. Because you are grandfathered in by 245(i), you are in a slightly better shape than most people in your predicament.
 
Eddie,

I dont know what part of NY you live but you can go to the asylum office on merrick Blvd and explain to them that you need an I-94. Another way is try INFOPASS for Federal plaza downtown and speak with Immigration Officer..

or you can just try Long Island DMV they are friendly over there..
 
Guys thanks for all the replies.

Basically when my asylum was granted by the judge all she gave me was the approval notice and that it. My lawyer didn't instruct me on what to do next. He took his fees and I never saw him again.

After 8 months I came to know from this forum that I could get my SSN with my grant letter which I applied immediately. At the same time I applied for my travel document and my I-94 and when I inquire about them I get a response that before they grant any benefit they have to do a background check. So I have been waiting since.

Anyway I will try the DMV in Long Island and lets see what happens. Any idea which DMV in particular doesn't give Asylees a hard time.

Thanks

Ed
 
Dmv

This ones dont really give much problems to asylees..
Bethpage Office-NYSDMV
4031 Hempstead Turnpike
Bethpage, NY 11714

and i think there is another dmv in yonkers that my friend went to renew DL , i think they asked for I-94 but i will ask and let you know
 
Top