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I am AOS and driver license says my status expires

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  • I am AOS and driver license says my status expires

    After 5 motnhs, I finally received my SS card. I ran to the NY DMV and apply for a driver's license (they ask for an EAD that is valid for at least 6 more motnhs and mine was almost on the limit). Anyway, I showed my EAD, SS card and Marriage license (they dont accept passport with K-1 visasas proof).

    I received my learner permit and there a huge red "TEMPORARY VISITOR STATUS EXPIRES x-x-04". Now that is totally ridiculous. My EAD experires that day, not my status. Since I am AOS due to a K-1 (fiance visa) and I have never been ilegal a single day of my life, I have the right to stay in USA while my AOS is pending. I even have to right to not renew my EAD (if I dont want to work) and that doesnt affect my status.

    Does anyone know where it says that a fiance has the right to stay in the US while his/her AOS is pending? I read it someplace but I cant find it know. My hubby is hysterical and he wants me to have all my papers in the car in order to avoid any trouble with the police. I explained him that police can not deport you but he just want to avoid any bad attitude they may have if they think I am ilegal.

    One more thing, I remember reading that here in NY there is a law in which police is not allowed to ask your immigrant status. So, if in your license there is this huge red banner that says when your status expires (or is supposely expires) isnt that a violation of that law.

    Anyone with the same problem? Should I call DMV and explain them the difference so they fix my license or it is a new policy?

    All comments and suggestions are welcome. Thanks.

  • #2
    Unfortunatly, you have the burden to prove that you're legal and the various dprt.s are not obligated to issue a driver's license or whichever papers you need for day to day living. If it's of urgency in re of employement etc., you could go to BCIS and ask for a proving stamp into your passport (that you're being processed for I-551). But unfortunatly, and often times, the DMV being a specific state related agency will or can't recognize just a simple stamp with which they are not familiar with or may take a little while untill they can confirm the validity of it.

    State agencies and police have been rarely familiar with federal immigration laws in the past, but this is changing quickly now and state or local police are being specificaly trained to enforce federal laws. In some states this is being challenged, but the "Patriots Act" clearly makes local police agencies part of the immigration law enforcement.

    Take as much evidence with you as you can gather about the validity of your status (remember though that an application for a pending AOS is not a confirmation of a successfull AOS) and technically, you indeed don't have a right to demand a driver's lic. (nobody has, it's a "prilege, not a right"), but if you can present enough evidence and perhaps ask to see a supervisor or someone in a higher position who may have better background knowledge of the laws and procedures, they may be able to issue the necessary documents. Good luck!

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    • #3
      Cayita,

      You aren't even LEGAL yet and you are getting huffy? The DMV cannot know if you STILL have an AOS pending unless you renew your EAD. THAT'S why they give you only until the EAD expires. Renew your EAD, go back to the DMV and be quiet. Be grateful that you even get to have EAD and DL while your application is pending.

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