raceman

Hi again,
I realise this is a fairly specialised question, but thought that someone might have an insight.

I upon my adjustment of status, i was/am planning to take my class A CDL, as i was a truck driver in the UK. Apparantly in January this year, a new law was passed that anyone on a US work permit, cannot take a CDL qualification.

Am i right in thinking that a work permit, and a "green card" that comes with adjustment of status once we are married are 2 different things, and hence the CDL route would/is still open to me?

PS, totally different issue, but has anyone got any idea of the tax rate in the US from rented property in the UK?

Thanks in advance again.

fatbrit

You'll certainly be eligible for a CDL when you are a permanent resident (=green card). With just an EAD......I have no idea.

Unless you've set up a structure to handle it, any profit or loss on your rented property in the UK should simply count as part of your yearly income. The rate of tax depends on all your income -- so it can be as low as 0% and as high as 35%.

raceman

Thank you Fatbrit, appreciated. Any idea where i might find out the position re EAD/CDL? The CDL school seem to to unfamiliar with this particular situation, and are unsure. As an addendum, i passed my driving license on my 1st day here (how different and refreshingly easy is that process compared to the UK!), but the license is only valid until the K1 expires in Oct. What will i need to renew it? Marraige certificate?

lansbury

I believe your green card as that shows you have LPR status. Marriage certificate doesn't show your status in the US.

Noorah101

You can renew your driving license once you have your EAD in hand.

Rene

fatbrit

Even though there are federal regulations for CDLs, they are handled by local states, who have little idea of immigration matters.

For example, pulled this off Wyoming's site:
Your status with the Bureau of Citizenship and Immigration Services must be "lawful permanent resident" or "conditional resident."

BCIS ceased to exist many years ago (becoming USCIS), and there's no such thing as a conditional resident. Basically, they haven't got a clue.

Your mileage will vary in your state and is also dependent on which office you visit, which person you speak to, and--most probably--whether Capricorn is rising in Venus.

Once you've got your physical green card, you're good to go. Before that, expect issues.

raceman

Thanks Fatbrit, I'll bear that in mind. I know the CDL school i spoke to said a new law had been passed in January that effected the CDL in relation to work permits, but it seems very difficult to get any information on that, and they haven't got back to me yet.

jeffreyhy

I believe the Wyoming web site is referring to a conditional permanent resident when they use the term "conditional resident".
http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

Like many internet posters, they apparently prefer to make up their own terms for things rather than use terms that already exist. In this case, though, "conditional resident" is also quite commonly used and the intent should be understandable.

Regards, JEff

jeffreyhy

Google.

Are you in Texas by any chance?

Regards, JEff

raceman

Hi Jeff, no i'm in sunny Arizona.

Trying to source CDL training as i hold both HGV and PCV licences in the UK, and want to go down that road initially at least. The CDL school think there maybe a problem as those with a "work permit" apparantly can not take a CDL licence due to new (january) legislation. But it seems nobody can work out whether permanent resident green card or EAD comes under that definition.

lansbury

having look the rules up online is says

383.71- Driver Application & Certification Procedures

Issue CLP/CDL only to:
- US Citizen
- Lawful permanent resident of US

raceman

Nice one Lansbury, well found! Million $ question, would i be able to get a CDL with an EAD whilst AOS is processed...

lansbury

You don't become a permanent resident until your AOS is approved. The green card will have a "Resident from" date on it. So I would say no, but that is just my opinion.

raceman

Oh Joy, that could be a large problem seeing as the AOS could take some time as i understand it! Always happens to me, best laid plans, the law apprantly changed in January AFTER i had researched CDL! lol. DAMMIT.

lansbury

As I said it is just my opinion. I came in on an IR-1 visa so have never seen an EAD. Perhaps someone who had an EAD could be more specific about what it says about your status in the US, if anything other than you are authorized to work.