Under 21 - Driver's License - Status Pending

scriptonite

Registered Users (C)
Hello,

My step mother is an US Citizen, and my Father is a Green Card Holder.
I entered the USA with a B1/B2 Visa, and my step mother filed I-130 on my behalf.
The lawyer filed also I-765 and I-465, all pending.

I would like to know if its possible for me to get a driver's license?
I know that my parents can file a MV-45, but I still can't get a SSN, because my EAD is still pending.

Thank you very much for your help.
 
You can not get a DL without your SSN, you can not get an SSN without the approved GC, your mileage may vary...

ps: Entering on a B1/B2 visa with the intention to file for your GC may be construed as fraud.
 
You can not get a DL without your SSN, you can not get an SSN without the approved GC, your mileage may vary...

It will certainly vary. You do NOT need a GC to get an SSN, and almost every state will issue a DL without an SSN.

Entering on a B1/B2 visa with the intention to file for your GC may be construed as fraud.

I must have missed that part of his original post.
 
I didn't enter United States in order to get a GC.
I've been here 7 times before, under B1/B2.

I decided to apply for GC, because I want to live and study here.
Wait, so I have to get a GC in order to get a SSN?

So what's the point of the EAD? If I can't get a SSN with that?
Thank you very much for your help.
 
I read, I was not sure because of Pretorian's post.
So one last question, if I may:

It will certainly vary. You do NOT need a GC to get an SSN, and almost every state will issue a DL without an SSN.

NY DMV requires a SSN, but they say if I can bring a letter from the Social Security stating that I'm not eligible for a SSN, they'll allow me to get a DL.

You have any experience with that?
I looked all over for clues on how to get that letter, but I don't know how to start even, what form to fill and so on (and if it actually works or not).

Thank you very much again.
 
NY DMV requires a SSN, but they say if I can bring a letter from the Social Security stating that I'm not eligible for a SSN, they'll allow me to get a DL.

Yup. I'd go to your local SSA office and ask them for a letter that states you are not eligible for an SSN that you can give to DMV. I'm sure you're not the first person who asked for it. :)
 
if you "decided" to live and study here before you actually entered on a B1/B2 the last time, then you may be in trouble.

Either way, depending on how many days since you entered on a visitor visa until you actually filed for the paperwork, you may have to prove you did not intend to live here when you entered using a non-immigrant visa.
 
PretorianXI, I don't understand what you're saying really.
I arrived at Nov 2007 on a B1/B2 Visa - Chicago.

A month later, my father and step mother asked me to come to NYC, and stay with them, cause the financial situation is not the best, and they barely could afford the mortgage - So I said yes, and I helped them out financially.

I know nobody believe words - but tax returns (usually) don't lie.
And on top of that, we had to get an Affidavit of Support.

I just decided to stay here LAST MONTH, one year after my arrival.
Not only that, I'm out of status sir.

Clearly, had I planned this whole thing before, I'd have the whole papers done before I actually fell out of status, don't you think so?

I don't know why, but I'm getting a negative feedback from your messages.
You seem to be extremely knowledgeable, with a lot of experience, but still, why you have to be so negative?

So, what you want to hear?

Do I love the USA? Yes, I've been here enough times to decide.
Not only that, I have two other Citizenship, and I lived in both of the countries, long enough to decide that I much rather live here.

Am I here for the money only? or for what the US has to offer?
No, definitely not. By 18 years old I had double degrees (CS and Math) from a top-15-ranked tech university, and under my resume I have 2 years of work experience at Amdocs Ltd. And on top of that, my biological mother is a neurosurgeon, with 3 private clinics - money wasn't a factor.

Why would I live here?
It's simple - freedom, something I don't have/get in both of my countries.

I'm trying you know, if nothing works out, I'll go back to my country.
I won't go as low as marrying someone for papers - even though it wouldn't be so hard finding someone, based on the current financial situation of the country, unless you want to deny that as well.
 
You are right, reading my first post again, I realized that.

This community is so useful, I wish I could contribute with something.
As you can see, I don't understand a lot about immigration, but if there's any technical issue you guys need help with, hit me up, I'll be glad to help.

Thank you both for your help, I appreciate it a lot.
 
Driver’s license

As I remember reading from DL rules you can get DL without SSN after you get receipts. But it is very difficult to convince DMV workers because either if they don’t aware that they make their own rules. So usually you need EAD to apply DL in your case I guess. Well one more thing is that if you come here on visiting you can drive up to 1 year from the date you come here with your home country license. It is an international law and it applies to most countries including Indian license. And some states in USA give DL to visitors also. Go through all states DMV website. All the best
 
Just curious

Hey mate, I am just curious how you get 2 degrees before 18 yrs? Are they bachelors or masters? And how you managed to get 2 yrs of work experience before the age of 18 yrs? In USA all employers are are you 18 yrs old? It looks you are extremely intelligent. I get it is almost difficult to get a bachelor degree in India or USA before the age 18 yrs. It looks unusual. I don’t know about other countries. Please share the knowledge with us even though it’s not form for that discussion. I guess its worth knowing for everyone of us. All the best with your career
 
Scriptonite -

The potential fraud/trouble situation arises from the fact that B1/B2 is only supposed to be used to enter the US and leave before the expiration date stamped on the I-94; it is not meant to be a bridge to longer-term immigration and if used as such the Immigration authorities become suspicious and may deny your case for circumventing the purpose of the B1/B2 visa.

In your case with you having entered the US a year ago it is less of an issue, but transitioning from B1/B2 to overstay and/or green card is still frowned upon, and it makes it more difficult for other people from your country to get a B1/B2.
 
palyhill -
Hello, first of all I'm 20 years old, originally from Israel.
I started high school normally (15 yr), but after four months, I skipped the rest of the grades, as I had finished all of the required government tests to earn a high school diploma.
Because I was "gifted" with numbers, I was offered to pursue a dual-degree program at the Israeli Institute of Technology, commonly known as the Technion.
I finished a B.Sc in Mathematics (Discrete) and a B.Sc in Computer Science. Since Computer Science does include a lot of discrete math courses, I was able to get enough credits to complete both of the degrees in 3 years.

Last year of studies I was offered internship at Amdocs, they mainly specialize in CRM solutions, and maintain a development center in Israel.
Their clients include AT&T, Comcast and T-Mobile to mention a few.

And those asking themselves how I ended up avoiding the required army service ...
I'm strictly against the situation there, but let's not get into politics.
I "lucked out" my mother happens to be a surgeon, so I ended up skipping the army.

Jackolantern -
Hello, thank you for explaining, I didn't know about the fraud issue, now thinking about it, I understand the logic behind that.

I didn't know I'd eventually stay here, I ended up overstaying because of my parents' financial situation, and the house being on the verge of foreclosure.
I hope nobody gets their B1/B2 visa denied because of my unintentional overstay.

Thank you all for the help.
I'll update my signature to include my "immigration journey", in case someone finds my case relevant.

P.S: I have no clue about the acronyms used though; "LUD", "PD", "RD" etc. I'll have to do a quick search.
 
P.S: I have no clue about the acronyms used though; "LUD", "PD", "RD" etc. I'll have to do a quick search.

AD - Approval Date (When your application was approved)
AOS - Adjustment of status
AOS - Affidavit of Support (Department of State definition, AOS means Affidavit of Support )
AP - Advance Parole (I-131): The authorization to travel outside the US while your adjustment of status is pending
AR - Administrative Review
ASC – Application Support Center: offers fingerprinting services
BC - Birth Certificate
Bio - Biometrics (Digital photo, index finger FP and your digital signature. This is needed for the production of GC.
CP - Consular Processing
CPR - Conditional Permanent Resident
CWOP - Cancelled Without Prejudice
DCF - Direct Consular filing
DHS - Department of Homeland Security
DL - Drivers License
DMV - Department of Motor Vehicles
DO - District Office
DORA - Dallas Office Rapid Adjustment of Status
EAC - Eastern Application Center
EAD - Employment Authorization Document (I-765, approval to work while waiting for AOS Approval)
FP - Finger Print
GC - Green Card
INFOPASS - Is an online appointment so you can go to your DO if you have a doubt or want to know something about your case in person or to request your iEAD
INS - Immigration and Naturalization Service
ID - Interview Date
IO - Immigration officer / Interviewing officer
LPR - Legal Permanent Resident
LUD - Last Update Date on your on-line portfolio at USCIS website. It is the date when they last took action on your application, could be anything.
MSC - Missouri Service Center
NBC - National Benefit Center (is the one which process your forms initially)
ND - Notice Date (When USCIS notified you that they received your application)
NOA’s - Notice of Action is your receipt/letter that you received after you filed your forms indicates I-797C
NVC - National Visa Center
PCC - Police Clearance Certificate
PD - Priority Date
POE - Port of entry
RD - Receipt Date (When USCIS received your application)
RFE - Request for Evidence
RFI - Request for Initial Evidence
SC - Service Center (this is used with a prefix, eg CSC - California Service Center; MSC - Missouri Service Center (that is the address from where you will received your NOA's)
SSA - Social Security Administration
SSN - Social Security Number
USC - US Citizen
USCIS- U.S. Citizenship and Immigration Services
VSC - Vermont Service Center
WAC - Western Application Center
 
I hope nobody gets their B1/B2 visa denied because of my unintentional overstay.
Too late, it's probably going to happen to somebody.

I found out from a former embassy employee that whenever somebody is found to overstay or otherwise violate their visa (e.g. working on a B1/B2), they actually trace it back to the officer at the embassy who approved the visa and mark it on their record. So as an officer gets more of those "demerits", they get more stringent with the future applicants in order to protect their record.

At a higher level the overall per-country overstay statistics set the direction for how they handle applicants in general at the embassies. A person from a low-overstay country may easily get approved for a 5- or 10-year B1/B2 visa with minimal documentation, while somebody else with similar economic/education/personal characteristics from a country with a high overstay percentage gets a 1-year or 3-year visa after having to submit a ton of documentation.
 
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