URGENT - EAD expiring Driving License denied for wife

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peace97

New Member
Hi All:

I have an urgent problem - hope someone out there can provide good advice.

I got my green card in Aug'2003, my wife got an RFE to which our attorney replied in Aug'2003. My wife's EAD is expiring on Jan 23rd. Since my wife is not working and I thought that most probably she'll get approval soon, I did not bother to apply for another EAD.

All was well until we went to NJ DMV office in Trenton for renewal of my wife's driver license. I had renewed my DL in June'2003 when I was on EAD but they only looked at my prev. DL and gave me another valid for 4 yrs and I was expecting the same thing for my wife. But, they have a new system in place now and they asked for all sort of documents. We had to go there again and show them passport, I-485 receipt notice, EAD card, SS card, a credit card and health insurance card.

An officer saw us and told us that since more than 540 days have passed from I-485 (receipt date Dec 2001) and EAD is only valid till Jan 23rd they can only issue a new DL valid until Jan 23rd. He also said that we must bring in a new EAD card or NOTICE OF ACTION (no regular letter) showing a future date to get DL renewed for a year or so (till that future date).

So now the situation is that if we dont get a new EAD card or NOTICE of ACTION before 23rd Jan, my wife cannot drive after 23rd Jan. This will be a huge problem for us.

Any suggestions, what are our options ? suggestions ?

Thanks a lot
 
Try online..renewal..

I am from Virginia and MY DL expires in May 2004. My H1-B expires Oct 2004 and EAD Sept 2004.
I hope I will get my GC with in Sept 2004.

For a precautionary measure I applied for DL renewal in Dec 20-2003 Online before 5 months of expiry. I got my DL
with in 5 days , which is valid till 2009!!

For online transaction you need a PIN
from DMV which may take several days to arrive. After its arrival you can apply
for online renewal of DL.

I think you can try Online renewal. I do not know about New Jersey State DL renewal policy.
I hope this helps.

Naani
 
Re: Try online..renewal..

Same thing in PA - renewed online, got notice to get a picture taken for new DL, showed up at PennDOT for pic, got renewed license thru' '07, no questions asked.

Key is to do it online and not volunteer any information to the guys at the counter unless asked for. They will only take in your previous license and give out a new one right away.

The only difference I can see is if being PA, they were not used to having as many immigrants as NJ, and therefore more lax?

K
Originally posted by naani
I am from Virginia and MY DL expires in May 2004. My H1-B expires Oct 2004 and EAD Sept 2004.
I hope I will get my GC with in Sept 2004.

For a precautionary measure I applied for DL renewal in Dec 20-2003 Online before 5 months of expiry. I got my DL
with in 5 days , which is valid till 2009!!

For online transaction you need a PIN
from DMV which may take several days to arrive. After its arrival you can apply
for online renewal of DL.

I think you can try Online renewal. I do not know about New Jersey State DL renewal policy.
I hope this helps.

Naani
Click to expand...
 
NJ used to be the same way but they have put in a new system worth $50 million few months ago and now for visa holders there are lot of restrictions. Not sure that they allow online renewal for visa holders. In any case, now my wifes case is in their system and don't think I will be able to do online renewal now.

Can I apply for interim EAD for her or maybe try to get an updated NOTICE OF ACTION which shows that she is legal until status adjusted ? Is there such a NOTICE ?

Thanks....
 
Originally posted by peace97
Can I apply for interim EAD for her or maybe try to get an updated NOTICE OF ACTION which shows that she is legal until status adjusted ? Is there such a NOTICE ?
Click to expand...

Your I-485 receipt is just that. By its non-frivolous filing your wife is legally in the US until it is ajudicated.

Unfortunately, NJ government employees are too stupid to know this. If it were my wife, I'd just tell her to drive sans license and fight the state in court.
 
I told the same thing to that person and showed him the 485 receipt but he said since the date on the receipt is dec'2001 and the notice states that it is taking 365 to 540 days, it is no longer valid and I should get an updated NOTICE. Although, he was courteous and acknowledged that BCIS is extremely back-logged but he flatly said that he cannot do anything about the requirements.
 
We almost have same problem.

peace97,

I'm sorry to hear your story. Actually, we almost had the same problem on last month. If you're non-citizen in NJ, you have to go to any ne of the four reginal centers for renewing a picture DL.We went to the one in Wayne on Dec. 16. The arriving time was several minutes before Ten. We're asking to wait outside more than One hour in such a winter day because we are not citizens.:mad: The time my wife got her DL was 4:15. The closing time is 4:30. The people in there almost do nothing. They just deal with a hundred cases a day and hold almost two hundred person staying in there a whole day.:confused:

They are really sucks or they need a more expensive system.:D

Good luck to you and be sure to get there half hour earlier before openning !
 
same here

I got my NJ DL renewed for 5 months which is the date of EAD expiring. After my card is renewed within a week I also got letter from DMV saying 'Scheduled for suspension of DL ' letter also. I have to again extend it whenever I receive another EAD by the time if I don't get my I485 does not get approved. As said by somebody try online or go to different DMV. Good luck.

-cn

:)
 
Spoke to an Immigration officer. According to him only doc. accepted by DMV for a DL (for expired H-4) is a valid EAD. He suggested that I try expediting my case by faxing a letter to Vermont centre. Has anyone tried that ? has that worked for anyone ?

Also I am thinking for applying for EAD renewal. Any expereince if e-filing the EAD renewal is faster or is it better to send the paper application ?

Any other suggestions ???

Thanks...
 
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