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Driver's Licence (DL) while I-485 pending

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  • Driver's Licence (DL) while I-485 pending

    Hello everyone,

    For the few previous years I was on Deferred Action I was able to renew the DL with the Employment Authorization Card only (EAD Card)
    I received my renewed EAD card last Friday and ran straight to DMV to renew the DL, since it expired last August.

    Surprisingly, DMV did not accept the EAD card anymore, instead they took my I-797C receipt notice for pending I-485 as proof of legal stay in US. The driver's license is valid for exactly a year from the date I was issued

    Please be advised that I renewed the licence in Commonwealth of Virginia, where requirements are known to be pretty tough, so the regulations in your state may differ
    Note: If it didnt work at one local DMV, I recommend you try the next one, as clerks may not have deep knowledge when it comes to immigration forms
    Last edited by Serejun; 03-27-2017, 09:04 AM.

  • #2
    Originally posted by Serejun View Post
    Hello everyone,

    For the few previous years I was on Deferred Action I was able to renew the DL with the Employment Authorization Card only (EAD Card)
    I received my renewed EAD card last Friday and ran straight to DMV to renew the DL, since it expired last August.

    Surprisingly, DMV did not accept the EAD card anymore, instead they took my I-797C receipt notice for pending I-485 as proof of legal stay in US. The driver's license is valid for exactly a year from the date I was issued

    Please be advised that I renewed the licence in Commonwealth of Virginia, where requirements are known to be pretty tough, so the regulations in your state may differ
    Note: If it didnt work at one local DMV, I recommend you try the next one, as clerks may not have deep knowledge when it comes to immigration forms
    that's interesting. i always use my EAD card for the last two times and they do not take notices or receipts.
    my next time to review is in October so i'll see. let's hope i wont have to and my GC will come lol thanks for sharing!

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    • #3
      Originally posted by Minahqq View Post
      that's interesting. i always use my EAD card for the last two times and they do not take notices or receipts.
      my next time to review is in October so i'll see. let's hope i wont have to and my GC will come lol thanks for sharing!
      I did some reading on DMV website, where it clearly states that EAD card is not accepted anymore.
      Instead they are giving a list of accepted immigration forms (see C9): https://www.dmv.virginia.gov/drivers...l_pres_ead.asp

      I wish I knew this in December. I could have used the receipt at that time. I was just waiting on the EAD card to renew the licence

      Comment


      • #4
        Originally posted by Serejun View Post
        I did some reading on DMV website, where it clearly states that EAD card is not accepted anymore.
        Instead they are giving a list of accepted immigration forms (see C9): https://www.dmv.virginia.gov/drivers...l_pres_ead.asp

        I wish I knew this in December. I could have used the receipt at that time. I was just waiting on the EAD card to renew the licence
        They will also accept notice of approval of deferred action as a legal presence document.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Florida

          Originally posted by Serejun View Post
          Hello everyone,

          For the few previous years I was on Deferred Action I was able to renew the DL with the Employment Authorization Card only (EAD Card)
          I received my renewed EAD card last Friday and ran straight to DMV to renew the DL, since it expired last August.

          Surprisingly, DMV did not accept the EAD card anymore, instead they took my I-797C receipt notice for pending I-485 as proof of legal stay in US. The driver's license is valid for exactly a year from the date I was issued

          Please be advised that I renewed the licence in Commonwealth of Virginia, where requirements are known to be pretty tough, so the regulations in your state may differ
          Note: If it didnt work at one local DMV, I recommend you try the next one, as clerks may not have deep knowledge when it comes to immigration forms
          Florida is the same, Renewal is once a year based on renewal date. Also it expensive, $65 if you renew on same expiration date, if you are a day late they add $15 penalty. What a racket.

          Comment


          • #6
            I was in a similar situation. My I-20 expired on February and so my driver's license. I went to DPS office for renewal of license. They didn't able to renew it on my F1 visa basis, meanwhile my AOS documents were already submitted to USCIS. The lady at DPS counter did my second verification through DHS to verify if I am legal in United States. She said i will get a response within 2 weeks. And yes, i received a letter from DPS that they have verified my legal presence in the country and asked me to bring that letter to DPS office. I did and i got DL for another 1 year

            Comment


            • #7
              Newyork - NY Driver's license with I485 pending receipt notice.

              Hi Everyone,
              Your comments are helpful to me. Thanks much. I'm just sharing my experience in case if anyone has any trouble in terms of getting a driver's license through the I485/ Adjust pending receipt notice.

              I have been in the united states for almost 10 years and recently got married and filed an adjustment of status. I have received the I485 pending receipt notice from USCIS. I went to DMV Jamaica to check my luck and found out that I could get a License with the I485 pending receipt notice. Initially, I thought I would receive the driver's license only with the help of I485 approval notice or approved employment authorization. Later after having a thorough conversation with the DMV official. It's not only in Jamaica but these rules are followed by the entire NY state. All you have to do is to prove that you entered into the United States legally and collect as many proofs as you can to match with their point system.

              Below proofs, I carried to DMV

              The total no. of points to get is 6 If you're looking regular Driver's license not the enhanced ID one

              Proof of Name/ Proof of address: Bank statement Debit/Credit - 1 point + 1 point
              DOB: Previous License 4 points --You can share either passport or Driver's license - Mine was expired on OCT 2020. Waited until I get I485 pending receipt notice
              Foreign passport - To show it as the proof of Name / DOB -- 4 points (They usually check passport whether you entered legally. I showed mine as I entered legally and H1B was expired on OCT 2020)
              I485 Pending receipt notice -- They verified my name and told me that once I get a green card I'm eligible to apply for Enhanced/Real ID(Driver's license) but for now they said I could get a regular driver's license based on pending receipt notice. As long as I'm driving that's all matters
              Marriage certificate - 2 points They verified my name

              Based on my experience they always tell you to collect as many proofs as you can to you're a real person with Identity.

              I hope my experience is helpful to you all. Good luck.

              Comment

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