When can I get a driving license?

[lukefromireland]

Hi, on ESTA, married an American citizen. Submitted I-485, I-131 etc yesterday.

Two questions if anyone can help.

I?m on day 70 of my ESTA, so only 20 days remaining. Should that be a concern since I don?t plan on taking my flight home? Does my status change as soon as the checks I submitted to USCIS are cashed?

When can I apply for an American driving license?

Thank you

[gunit123]

once you get your EAD card, you can get license with that.
you are in status as soon as you receive i485 form received notice letter.

[lukefromireland]

once you get your EAD card, you can get license with that.

Isn?t that 90 days? Or more? Is there anything that shows my status changes after submitting the pack? Like my I-94?

[newacct]

Isn?t that 90 days? Or more? Is there anything that shows my status changes after submitting the pack? Like my I-94?

EAD/AP take 4-5 months these days.

Your "status" doesn't change. Filing I-485 doesn't give you a "status". But you can stay in the US with a pending I-485 regardless of whether you have status or not. Your I-485 receipt shows that you have a pending I-485.

[lukefromireland]

EAD/AP take 4-5 months these days.

Your "status" doesn't change. Filing I-485 doesn't give you a "status". But you can stay in the US with a pending I-485 regardless of whether you have status or not. Your I-485 receipt shows that you have a pending I-485.

Wow, that?s quite the wait to be without an income and a license. Thanks for the response.

[newacct]

Wow, that?s quite the wait to be without an income and a license. Thanks for the response.

The requirements for getting a driver's license depend on state. In some states, you can get a driver's license with just a pending I-485, though in most states, you can't. Also, in a few states, you can get a special version of driver's license which does not require a legal presence document.

[Mellymoo]

This is the advice I was given

Hi, on ESTA, married an American citizen. Submitted I-485, I-131 etc yesterday.

Two questions if anyone can help.

I?m on day 70 of my ESTA, so only 20 days remaining. Should that be a concern since I don?t plan on taking my flight home? Does my status change as soon as the checks I submitted to USCIS are cashed?

When can I apply for an American driving license?

Thank you

Hey Luke.

I emailed my local dmv a few weeks ago, this is the response I received. Its specific to Nevada but it might be useful.


"Good Day,



Non U.S. citizens or residents born outside the U.S. may or may not be eligible for a Nevada driver?s license depending on their specific immigration status. In order to get a Nevada Driver?s License you will need to provide one of the Immigration documents listed below for proof of identity or you may provide me with the visa code you have to see if you are eligible.

? Certificate of Naturalization

? Certificate of Citizenship

? Unexpired Permanent Resident Card

? Unexpired Temporary Resident Card

? Consular Report of Birth Abroad

? Valid, unexpired U.S. Passport or Passport Card

? Resident Alien Card or I-551 Receipt

? Valid, unexpired Foreign Passport stamped ?Processed for I-551?

? Arrival/Departure Record (I-94) with Visa or Passport

? Permit to Reenter the U.S.

? Refugee Travel Documents

? Unexpired Employment Authorization document



You will also need to provide two proofs of Nevada residency. You can view the documents that we will accept for proof of residency by clicking the following link: http://www.dmvnv.com/dlresidency.htm.



If you do not have any of the documents listed, you may be eligible for a Driver Authorization card. Please refer to the following link http://www.dmvnv.com/dac.htm to see if you are eligible.



If you have been issued a social security number, you must provide proof of that number. If you have not been issued a social security number you will need to fill out the Affidavit of No Social Security Number. The Affidavit is listed on the Driver's License or Identification Card Application (DMV 002).You will need to fill out the Affidavit in front of the DMV Technician.



If you have never been licensed in the United States, you will have to take vision, written and driving skills tests. The licensing fee is $41.25 or $17.25 if you are 65 or older plus a $1.00 technology fee. A $25 testing fee plus a $1.00 technology fee will be charged prior to the written test and covers both the written test and the initial skills test. A $10 retest fee plus a $1.00 technology fee will apply to all retakes.

Please do not hesitate to contact me if you have any additional questions."

[lukefromireland]

The requirements for getting a driver's license depend on state. In some states, you can get a driver's license with just a pending I-485, though in most states, you can't. Also, in a few states, you can get a special version of driver's license which does not require a legal presence document.

Any idea if I can apply California with a pending I-485? I called the DMV here and they weren't very clear. They only told me I could apply for a license if I have the "necessary documents". They couldn't specify.

- - - Updated - - -

Hey Luke.

I emailed my local dmv a few weeks ago, this is the response I received. Its specific to Nevada but it might be useful.


"Good Day,



Non U.S. citizens or residents born outside the U.S. may or may not be eligible for a Nevada driver?s license depending on their specific immigration status. In order to get a Nevada Driver?s License you will need to provide one of the Immigration documents listed below for proof of identity or you may provide me with the visa code you have to see if you are eligible.

? Certificate of Naturalization

? Certificate of Citizenship

? Unexpired Permanent Resident Card

? Unexpired Temporary Resident Card

? Consular Report of Birth Abroad

? Valid, unexpired U.S. Passport or Passport Card

? Resident Alien Card or I-551 Receipt

? Valid, unexpired Foreign Passport stamped ?Processed for I-551?

? Arrival/Departure Record (I-94) with Visa or Passport

? Permit to Reenter the U.S.

? Refugee Travel Documents

? Unexpired Employment Authorization document



You will also need to provide two proofs of Nevada residency. You can view the documents that we will accept for proof of residency by clicking the following link: http://www.dmvnv.com/dlresidency.htm.



If you do not have any of the documents listed, you may be eligible for a Driver Authorization card. Please refer to the following link http://www.dmvnv.com/dac.htm to see if you are eligible.



If you have been issued a social security number, you must provide proof of that number. If you have not been issued a social security number you will need to fill out the Affidavit of No Social Security Number. The Affidavit is listed on the Driver's License or Identification Card Application (DMV 002).You will need to fill out the Affidavit in front of the DMV Technician.



If you have never been licensed in the United States, you will have to take vision, written and driving skills tests. The licensing fee is $41.25 or $17.25 if you are 65 or older plus a $1.00 technology fee. A $25 testing fee plus a $1.00 technology fee will be charged prior to the written test and covers both the written test and the initial skills test. A $10 retest fee plus a $1.00 technology fee will apply to all retakes.

Please do not hesitate to contact me if you have any additional questions."

Thanks Mellymoo! I don't have anything off that list yet! California may differ.

[newacct]

Any idea if I can apply California with a pending I-485? I called the DMV here and they weren't very clear. They only told me I could apply for a license if I have the "necessary documents". They couldn't specify.

In California, you do not have the required documents to get a REAL ID driver's license or the documents to get a regular non-REAL ID driver's license when I-485 pending, until you get an EAD or green card. However, you can get an AB60 driver's license without a legal presence document.

[Dreamerdancer42]

Wow, that?s quite the wait to be without an income and a license. Thanks for the response.

I actually got my EAD card after only two months- it can b quick

[Mellymoo]

Any joy?

Hi, was just wondering if you'd had any luck getting a license?

I went down to the DMV here in Vegas today and after some arguing they finally agreed to allow me to apply for what they call a Driver Authorization Card. It's not valid for ID but it will be a valid license. I have now completed the form and passed the written test; I just need to get some practice in to do the practical test - parallel parking is a concern 😂😂.

The first girl I saw took issue with my identity documents saying I did not have enough proof of who I was. Then said that being as I applied for AOS in October i should be close to getting it. I actually laughed at her! Then advised her that it's taking 6 months just for EAD's in many cases. I provided my passport, my birth certificate (although it says on the bottom it can't be used for ID-the original got lost over the years), my UK drivers license, my marriage certificate, 2 utility bills, all my immigration notices. She said I needed another national identity document; I tried to explain that in the UK we have passports and driving licenses and that's about it. I then asked her if she could speak to a supervisor. She went away with my forms and came back and said I could get the basic card as her supervisor agreed to take what I had. But she told me that I will have to hand over my UK license to be voided once I get a Nevada license. I asked her what I was supposed to use for ID (I still get carded at 35) and what I was to do if I went to England and wanted to drive but she pretty much told me that it wasn't her problem. 😂😂 she said I can change my DAC for one I can use for ID once I get my EAD as that proves properly that I'm allowed to be here and have been checked by the Government.

I hope you have luck with your application. Let us know how you get on. I know I for one will be glad to get on the road and get some independence.

[newacct]

Hi, was just wondering if you'd had any luck getting a license?

I went down to the DMV here in Vegas today and after some arguing they finally agreed to allow me to apply for what they call a Driver Authorization Card. It's not valid for ID but it will be a valid license. I have now completed the form and passed the written test; I just need to get some practice in to do the practical test - parallel parking is a concern 😂😂.

The first girl I saw took issue with my identity documents saying I did not have enough proof of who I was. Then said that being as I applied for AOS in October i should be close to getting it. I actually laughed at her! Then advised her that it's taking 6 months just for EAD's in many cases. I provided my passport, my birth certificate (although it says on the bottom it can't be used for ID-the original got lost over the years), my UK drivers license, my marriage certificate, 2 utility bills, all my immigration notices. She said I needed another national identity document; I tried to explain that in the UK we have passports and driving licenses and that's about it. I then asked her if she could speak to a supervisor. She went away with my forms and came back and said I could get the basic card as her supervisor agreed to take what I had. But she told me that I will have to hand over my UK license to be voided once I get a Nevada license. I asked her what I was supposed to use for ID (I still get carded at 35) and what I was to do if I went to England and wanted to drive but she pretty much told me that it wasn't her problem. 😂😂 she said I can change my DAC for one I can use for ID once I get my EAD as that proves properly that I'm allowed to be here and have been checked by the Government.

I hope you have luck with your application. Let us know how you get on. I know I for one will be glad to get on the road and get some independence.

The DAC is the Nevada version of the driver's license for people without legal presence documents. In California it's called an AB60 driver's license. A few other states have them too, called under different names. Although they are mainly for people who are staying illegally, it is also used by people who are staying "legally" with a pending application but where a pending application doesn't count as a legal presence document.

[Mieiva]

Any idea if I can apply California with a pending I-485? I called the DMV here and they weren't very clear. They only told me I could apply for a license if I have the "necessary documents". They couldn't specify.

- - - Updated - - -



Thanks Mellymoo! I don't have anything off that list yet! California may differ.

Where are you in California , The OC is somewhat quick... at least my friend got her EAD in 1.5 months from the fingerprint.

[Mellymoo]

Thank you

The DAC is the Nevada version of the driver's license for people without legal presence documents. In California it's called an AB60 driver's license. A few other states have them too, called under different names. Although they are mainly for people who are staying illegally, it is also used by people who are staying "legally" with a pending application but where a pending application doesn't count as a legal presence document.

Thanks, yes I thought it might be the equivalent of the AB60. Was a bit of a challenge to get the girl to do it; she was convinced I would get my GC imminently. Hopefully Luke will be able to get his too.

[lukefromireland]

EAD/AP take 4-5 months these days.

Your "status" doesn't change. Filing I-485 doesn't give you a "status". But you can stay in the US with a pending I-485 regardless of whether you have status or not. Your I-485 receipt shows that you have a pending I-485.

Thanks newacct, your info is stellar as always