Terminated conditional resident obtaining a California Driver's License?

[klinus]

How does a Canadian citizen, whose passport is being held by a family court, and who has no other US based ID, and whose conditional permanent residency has been cancelled obtain a CA drivers' license?

[SunDevilUSA]

...they don't. Legal presence is required to obtain a California driver license.

[mike_2007]

lol

[klinus]

CA DMV requirements state that "State law requires every applicant for an original California identification (ID) card and driver license to show verification of birth date and proof of legal presence within the United States to help safeguard the accuracy and integrity of departmental documents". Further, the Family court order states that "The Court will retain both parties' passports until further orders from the Court. Each party is ordered not to apply for any passports or visas for themselves or their minor child..."

I assume that the Family Court can determine the documents used to obtain her DL; further it is too early for VAWA (getting a US residency is strictly speaking a violation of the family Court order)

Is either using fake ID or violating a court order considered a felony?

[klinus]

Is this a deportable offense?

[klinus]

There are actually two strikes here. One for having the license and two for how it was gotten. The DMV should have a record of what was used to prove residency.

But since she is out of status I don't think it would have much bearing on her case. It may if she attempts to get lpr status in the future.

Would obtaining this info from the DMV require a subpeona?

[monk19]

Wish you lots of luck with that CA ID, you might need it. I applied to renew my California driver licence at the beginning of May, and it took DMV until mid-August to verify my legal status in US. And I did show them all the papers I thought they would need (I485 application, AP travel papers, EAD card, all this stuff I used to re-enter the country just 2 months before). When I called about the delay in receiving my card they said they are 'still in the process of verifying my legal status in US'. Hell of a thorough check

[monk19]

Yup, I got caught in my own ager
It looks like if one uses the online renewal DMV might not check on the legal status:
http://www.dmv.ca.gov/online/dlrbi/dl_top2.htm
Not sure though.

[Hudson]

To Llinus and Davdah,
It is probable that she is obtaining the DL legally. Look at the possibilities of documents she can use:
<UL TYPE=SQUARE> * US Birth Certificate
* US Certificate or Report of Birth Abroad
* Federal Proof of Indian Blood Degree
* INS American Indian Card
* Birth Certificate or passport issued from a US Territory
* US Passport
* US Military Identification Cards (Active or reserve duty, dependent, retired member, discharged from service, medical/religious personnel)
* Common Access Card (only if designated as Active military or Active Reserve or Active Selected Reserve)
* Certificate of Naturalization or Citizenship
* Northern Mariana Card
* INS US Citizen ID Card
* Permanent Resident Card
* Temporary Resident Identification Card
* Canadian Passport/Birth Certificate
* Non-resident Alien Canadian Border Crossing Card
* Valid foreign passport with a valid Record of Arrival/Departure (form I-94)
* Certification from California Department of Corrections or California Youth Authority
* Employment Authorization Card
* Permanent Resident Re-entry Permit
* Refugee travel document
* "Processed for I-551" stamped in a valid foreign passport
* Valid I-94 stamped "Refugee," "Parole or Parolee," "Asylee," or Section 207, Section 208, Section 209, Section 212d(2), HP or PIP
* Immigration judge's order granting asylum
* Certified court order or judgment issued from a court of competent jurisdiction.
* Valid I-94 with attached photo stamped "Processed for I-551 temporary evidence of lawful admission for permanent residence"
* Notice of Action (I-797 Approved Petition)
* Mexican Border Crossing Card with valid I-94[/list]
CAL DMB Site

What is not known by Klinus nor anyone else is what she has filed to remove her conditional status or to adjust her status. I know Klinus has suggested that she has filed or may be filing a VAWA claim, but that is not the only way she can adjust her status. This case is somewhat complicated because of the fact the divorce is disputed with a child. I am sorry oor you, but you are going to have to do better than this. .

[klinus]

Originally posted by Hudson:
To Llinus and Davdah,
It is probable that she is obtaining the DL legally. Look at the possibilities of documents she can use:
<UL TYPE=SQUARE> * US Birth Certificate
* US Certificate or Report of Birth Abroad
* Federal Proof of Indian Blood Degree
* INS American Indian Card
* Birth Certificate or passport issued from a US Territory
* US Passport
* US Military Identification Cards (Active or reserve duty, dependent, retired member, discharged from service, medical/religious personnel)
* Common Access Card (only if designated as Active military or Active Reserve or Active Selected Reserve)
* Certificate of Naturalization or Citizenship
* Northern Mariana Card
* INS US Citizen ID Card
* Permanent Resident Card
* Temporary Resident Identification Card
* Canadian Passport/Birth Certificate
* Non-resident Alien Canadian Border Crossing Card
* Valid foreign passport with a valid Record of Arrival/Departure (form I-94)
* Certification from California Department of Corrections or California Youth Authority
* Employment Authorization Card
* Permanent Resident Re-entry Permit
* Refugee travel document
* "Processed for I-551" stamped in a valid foreign passport
* Valid I-94 stamped "Refugee," "Parole or Parolee," "Asylee," or Section 207, Section 208, Section 209, Section 212d(2), HP or PIP
* Immigration judge's order granting asylum
* Certified court order or judgment issued from a court of competent jurisdiction.
* Valid I-94 with attached photo stamped "Processed for I-551 temporary evidence of lawful admission for permanent residence"
* Notice of Action (I-797 Approved Petition)
* Mexican Border Crossing Card with valid I-94[/list]
CAL DMB Site

What is not known by Klinus nor anyone else is what she has filed to remove her conditional status or to adjust her status. I know Klinus has suggested that she has filed or may be filing a VAWA claim, but that is not the only way she can adjust her status. This case is somewhat complicated because of the fact the divorce is disputed with a child. I am sorry oor you, but you are going to have to do better than this. .

State law requires every applicant for an original California identification (ID) card and driver license to show verification of birth date and proof of legal presence within the United States to help safeguard the accuracy and integrity of departmental documents.

My question is what she used to prove legal presence; even if she was eligible for an I-551, her passport is with the family court. As is mine, which creates significant complications since my factories (and most of my customers) are international.

My son is still at the shelter, despite being diagnosed as being autistic spectrum; he needs a stable environment, The parasite is using him to get a free ride