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How to get driver's license if i94 is expired?
Anonymous6 views5 answers
Hi There,
I entered US on K1 visa. I have got my SSN since I am eligible to work under my K1 Visa. I recently got married and have my marriage certificate. I have applied for my EAD and AOS I-485. I went to DMV, CA to apply for my driver's license by they denied my application saying that my i94 is expiring soon and I am not eligible to get my DL. Is there anyway I can get my DL or I will have to wait till I get my I-485 approved? Also, just for my knowledge how long does it take to get I-485 approved. I have already cleared an interview and willing to start working soon but I will need to drive. Please advise.
Thanks,
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Sorry, but as you already saw, you will have to wait at least until your employment authorization card is in your hands before being eligible for a CA DL. The absurdity of all this is that while the CA DMV will issue a DL to (almost) anyone illegally in the country, it will refuse to do so for "legal" immigrants or foreign nationals whose I-94s expired and are ether waiting for the extension or approval of "green card" status. Will not, however be able to deny you with a work permit.
You could get your California driver license by your already existing social security number. And you will most probably get your EAD and the approval notice for your I-485 soon if you have "already cleared' your interview.
In California the I-485 gets adjudicated in 4-6 month ager filing. The EAD comes in 2-3 month after filing. It is not impossible to get the DL, but very tiresome. Unless you get a kick out of dealing with DMV, push getting DL down on your priorities list : ) and do other things.
In California there is a driver's license for undocumented persons you could apply for that while you are waiting. You should get the work and travel permit within 60-90 days of when you filed and with that you can get a Social security card and then a driver's license.
