Drivers License in Massachusetts with EAD/AP

G

gc_so_what

Registered Users (C)
Hi gurus,

My wife and I are in the US on expired visa, but EAD and AP. My wife is a dependent and we went for a DL today and the MA RMV (DMV) rejected our application saying that we dont have a visa.

Can someone suggest what we can do to get a DL. She is not employed, we are on Adjustment of status. She has a EAD and AP.

Thanks

Rajesh
 
gc_so_what said:
Hi gurus,

My wife and I are in the US on expired visa, but EAD and AP. My wife is a dependent and we went for a DL today and the MA RMV (DMV) rejected our application saying that we dont have a visa.

Can someone suggest what we can do to get a DL. She is not employed, we are on Adjustment of status. She has a EAD and AP.

Thanks

Rajesh
Click to expand...

The EAD is clearly stated as an acceptable primary document on the MA DMV web site. Here is the PDF:

http://www.mass.gov/rmv/license/AcceptableId.pdf

I would print out the list and take your relevant documents back to the DMV. Speak to a supervisor. If that doesn't work, write a letter to the Director of the MA DMV, explaining your situation and enclosing copies of your documents, and they will hand it to someone with brains and a knowledge of their own regulations to assist you.
 
gc_so_what said:
Thanks Wik.

I will write a letter to the Director of DMV.

Thanks
Click to expand...

That's what I did many years back when my wife and I were given all sorts of hassles by the undereducated folks at the DMV counter here in CA. I not only got everything I wanted (because I was acting within the requirements of the law), but I also got both a telephone call and written apology for the way we were treated. I was told (off the record) that the counter person who had ignored the legal facts I presented had a 'history of issues' in dealing with the public, which I took to mean they were looking for more ammo to get rid of that person. Anyway, when in doubt ALWAYS start at the top. Why? Because when the Director hands your issue to a subordinate for action, that person will be trying to please the Director, not you, so they will not want to give you a reason to complain a second time to the Director. Contrary to popular belief, heads can and do roll at the DMV! (Wish I could say the same for the Post Office :) .
 
Last edited by a moderator:
I am going to try another DMV today. This time I am going with the printout (your link) which states EAD is authorized as an ID.

I will let you know once I come back from DMV. If I fail this time too, I will be writing a letter to the Director of DMV.
 
Hi

I have run into the same scenario you have mentioned in your wife's case. I moved from NH to MA recently. The MA rmv doesnt not recognize the I485 as status. They have asked me to appeal. Do you have any update in your case
 
Ok finally things worked out. Heres the update so that this helps anyone who gets into a similar situation

My wife who also has an I485 pending applied for the license conversion at the Boston RMV - closer to her work. Since they couldnt make the determination as in my case, they faxed it to Boston. After a few days when she went back they said she was all cleared for the conversion. I was a little surprised since the whole process seemed arbitrary. So I went to the Boston RMV with my wife and tried to talk to the lady at the counter who was handling her case. But she was far from helpful and wouldnt even let me explain. Finally after getting her license done, we went back to the lady who issues the tokens and explained the situation. She gave us the name of a supervisor and asked us to talk to her. We met with the supervisor and explained the situation that with the same status my wife had got the license and I didnt. The lady pulled up my records and after reviewing it gave me the no for Enforcement Service, 10 Park plaza, Boston and asked me to get an appointment with them and explain my case. She said that once we hear back from them we could meet her again. We stepped out and decided to call right away. We got hold of some one at the other end and explained the situation. He reviewed my records and said that, my I94 (which was based on my AP) was about to expire in a weeks time hence they couldnt issue it. I explained that my I94 was based on my AP which is something we renew everyyear and that really doesnt reflect the validity dates(The lady at the Lawrence RMV never told me this but only wrote that I can reapply only after the status changes). He seemed knowledgeable in the area and he asked me to put him onto the supervisor at the RMV. Once they got connected, he told her what to do and she took us back to the same lady who handled my wifes case and my License was issued right there.

Moral of the story

1. If you have a pending I485 the people at the counters dont know what to do so no point trying to explain anything to them. They will generally fax your papers to Boston to let them decide. My impression is the RMV doesnt want people at the counters to think on their own but just follow the instructions to the dot. To give you an example, when I first went to the Lowell RMV I presented my apt lease as the address proof. There was a $400 facilities fee that was waived. So my leasing agent striked it with a single line and had written "waived" underneath it. The lady at the counter would not accept it and said I need to get a document with no strikes on it.

2. If you had used the AP the last time you entered the country and the I94 is about to expire, take the latest AP with you and make sure that it is also faxed along with your other papers.

3. If you have a situation that is not covered by the above cases talk to the supervisor there at the RMV. My impression is they are smart and can help you. In my case the lady was apologetic about the treatment meeted out to us in the various RMVs and she expedited the process once she got an all clear.

4. If all the above doesnt work, and you feel that you are right, call the Enforcement service or file an appeal.

Hope this helps. Generally be assertive when you speak to anyone at the RMV.
 
Also keep in mind that the EAD is mainly used as a signature Id or photo id so even if you have a valid EAD you would run into problem if you are on I485
 
Unsuccessful in getting License

Bharath, we have not been successful in getting the license. We went through the enforcement people and they came back and said that we are in between status and we cannot do anything.

They gave a number to call for appeal but that doesn't work. The number given for appeal to some board regarding insurance and has nothing to do with the license issuance.

We are still stuck and don't know how to proceed. I tried finding the email/address of the director of RMV so that I can write a letter to him but couldn't find it so far.

Please let me know if you know the address/email to which I can write a letter explaining the situation.

Thanks
 
Iam not sure if it was a good idea to post the enforcement service ph no on the board so I have sent the no through the private message service on the board. Let me know if you have received it. Call them and expalin your case to them. Make sure your wife is around when u call since they would like to talk to the person concerned. If that doesnt work write to them at
Enforcement service, The RMV, 10 park plaza, boston.
You can also appeal to the address listed on the back of the rejection slip you would have received. You would have to pay $50 though. But you are guranteed to receive a response.
 
gc_so_what said:
Bharath, we have not been successful in getting the license. We went through the enforcement people and they came back and said that we are in between status and we cannot do anything.

They gave a number to call for appeal but that doesn't work. The number given for appeal to some board regarding insurance and has nothing to do with the license issuance.

We are still stuck and don't know how to proceed. I tried finding the email/address of the director of RMV so that I can write a letter to him but couldn't find it so far.

Please let me know if you know the address/email to which I can write a letter explaining the situation.

Thanks
Click to expand...

You could phone the RMV and ask for the name and mailing address for the State Director of the RMV. All branch offices should have that information.
 
Lawsuit filed by ACLU not issuing DL to legal residence with status

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Home > News > Local > Mass.

Denied licenses, legal immigrants sue state Registry
Say status wrongly contested
By Yvonne Abraham, Globe Staff | December 15, 2006

Massachusetts Registry of Motor Vehicles employees are routinely and unlawfully denying driver's licenses to immigrants who are here legally, according to a class-action law suit filed yesterday.

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Sign up for: Globe Headlines e-mail | Breaking News Alerts According to the suit, Registry workers asked the immigrants for proof of legal residency when they were not authorized to do so. The workers then denied licenses to the applicants, incorrectly concluding that the immigrants had not demonstrated they were in the United States legally, the suit alleges.

In all cases, the immigrants' lawyers said, the Registry workers were overstepping their legal authority and violating the immigrants' constitutional rights.

"They don't have the authority to enforce federal immigration law," said Sarah Wunsch, staff attorney for the ACLU of Massachusetts, who is representing the seven immigrants who brought the suit. "But they've taken it upon themselves to do it, and they're doing it wrong. It's not an isolated case here and there. This appears to be policy."

Wunsch said hundreds of other immigrants have similarly been denied licenses.

A spokeswoman for the Registry of Motor Vehicles declined to comment, saying Registry lawyers had not yet had a chance to review the lawsuit.

Under state policy, applicants for a driver's license must present proof of their identity by providing a valid Social Security number, which the Registry checks against a Social Security Administration database.

In order to obtain a valid Social Security number, an immigrant must be in the country legally. Applicants must also show proof of their age and address.

All of the plaintiffs presented valid Social Security numbers when they applied for licenses, Wunsch said. Even so, Registry workers rejected their applications.

In some of the cases, applicants were not given any reason why they were rejected. In the others, Registry employees improperly sought additional proof of the applicants' immigration status and then said the documents were not adequate.

Registry spokeswoman Amy Breton, speaking generally, said Registry employees do not enforce immigration laws.

But she added: "Certainly, we've had to become more familiar with immigration documents. We want to make sure we are issuing licenses to Massachusetts residents, because that is what the law calls for."

She said the Registry has been responsive to complaints that immigrants have been treated unfairly. On Wednesday night, the head of the agency, Registrar Anne L. Collins, met with about 300 immigrants and their advocates in Hyannis to hear their concerns about the license application process, she said.

In many cases, Breton said, immigrants who feel they have been unfairly denied a license can file an appeal, which costs $50.

Lawyers for the seven plaintiffs say their clients should not have to spend money to challenge what is clearly a discriminatory practice.

"The Registry seems to be asking immigrants to produce justification for their presence in the United States," said lead attorney Kenneth Berman of Nutter McClennen & Fish.Continued...

The lawyers said that the problems demonstrate the danger of having state employees who are not trained in immigration law taking on enforcement of that law.

Two immigrant advocacy groups are also plaintiffs in the suit, alleging that the Registry's discrimination against immigrants forces them to divert time and resources from other activities.

"This is extremely common," said Desmond FitzGerald, an immigration lawyer who represents four immigrants who were denied licenses in a separate case to be heard early next year. "We want the Registry to regulate the safety of our roads, not enforce immigration rules."

One of FitzGerald's clients, the wife of a prominent Spanish scientist who is in the United States on a visa reserved for persons of exceptional ability, was denied a license because Registry workers who asked for proof of her legal residency did not recognize her visa. After she sued the Registry, the agency settled the case, granting her a license.

One of the plaintiffs in the class action suit filed yesterday is an immigrant from Zimbabwe who has a pending application for asylum. The woman, a nurse, has work authorization and had already been granted a driver's license.

When she tried to renew that license this week, she produced her old license, her Social Security number, and proof of her car insurance coverage, which showed her address. Still, she was asked for her passport.

The woman, who fled political persecution in Zimbabwe, does not have a current, government-issued passport from that country. She showed the Registry employee a document showing that the US government had granted her permission to remain here. Her application was still denied, as was her daughter's application for a learner's permit.

"Given how dependent we all are on the right to drive an automobile, the denial of a license is causing real hardship to the people I represent," Berman said.

The issue of driver's licenses for immigrants has become highly charged over the past year, as the national debate on immigration has grown more fractious.

The question of issuing driver's licenses to illegal immigrants was a matter of fierce dispute during this year's gubernatorial race, in which Governor-elect Deval Patrick said he would consider giving licenses to those who are here illegally. He was pilloried for that suggestion by his opponent, Lieutenant Governor Kerry Healey, who with Governor Mitt Romney has taken an aggressive stance against illegal immigration.

Immigrants' advocates said they worry that the Republican administration's zeal is causing Registry employees to punish immigrants who had followed all the rules.

© Copyright 2006 Globe Newspaper Company.
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This was more than a year back, but we were in a similar situation. We went to the Lowell RMV. We mainly showed them the I-485 receipt and passport. I think he asked for a third ID and after some discussion he said that a marriage license can be accepted, so I had to go home and get it.
 
Problems at Watertown, MA DMV

We are running in to some issues at the Watertown, MA DMV for renewing the license for my wife. The officer at the counter as well as the supervisor said, they need a stamped visa in the passport(we are waiting for H4 approval filed 2 months ago) and the denial letter from the SSN office (Which we had with us)

My company lawyer says - these are some of the problems faced by legal people like us at Mass DMV. He suggested to try another DMV and see if that helps.

Another surprising point is that the SSN office mentioned, we can get a SSN for my wife (who is on H4 visa) and has an EAD card. Should we go with that route?
 
It is better to use EAD and Passport and apply for SSN card. Use SSN number and passport to apply for state ID and driver licence. I would suggest that you use another DMV in your city The Department of vehiles ( DMV ) now work with social security to verify ssn numbers. they do it on computer and get an immediate confirmation once this is done you should not have any problem. Of course she will have to provide proof of address for that city eg. a mail addressed to her. Best of luck
 
Documents that would be needed

Please take the following documents with you to the DMV. In mass the more papers/proof you have the better it is.

1. EAD
2. SS Card
3. Passport
4. A bill showing your US address for proof

These should help you get a DL. Make sure your EAD is also not exppried or close to be expired, they will tell you to get a renewed one. With those documents on hand, there i no way you ccan be denied and if you are pleasse write to the director of the respective DMV. Hope that helps.
 
passport requirement?

Does one have to take his passport and/or greencard with him to the MA DMV? Do they ask for it even if you have all of the 3 documents/ids they require? Do local offices differ on this?
 
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