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Can't Get Drivers License!!!!!!

Can't Get Drivers License!!!!!!

Old Dec 12th 2001, 8:39 pm
  #16  
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Default To South Carolinians

After mailing legislators, i had a phone conversation with Cherith Norman from Congressman Demints office in Greenville,SC. She gave picture on the drivers license mess.
In a nutshell here is the scoop....this is not a new law, but an old one. The (56-1-40) exclusion has read that way for 2 years BUT some peabrain in DMV started interpreting it differently since 8/11.
Gov. Jim Hodges was informed about it but would not consider rectifying it without a vote in the state legislature. So Demints office et.al have gotten Rep. Mike Easterday to intoduce a prewritten bill when the legilature convenes on Jan 14th to recitfy the issue.

If you are living in SC, it would be good for you to contact Cherith as you might like to hear about it fully. Email her at [email protected] Or she can be contacted at 864-582-6422.
Then you should write to your state reps (not federal reps)as they will be voting on the changes. You can find out who they are at http://www.leginfo.state.sc.us/default.html or by calling you local election commission office.

We have also written the deputy director of DMV David Burgess and given him a piece of our mind (as obviously he is lacking his). The website is http://www.scdps.org/dmv/

......
to rita
......
Rete <[email protected]>
> I take it he has a valid license from his own country. Let him continue using this.
> Or go the international driver's license route until you get some results from our
> elected officials.
>
> BTW did you correct their misinformation regarding the K-1 visa holder coming to
> the US, getting married and having to return home? Think this might be the crux of
> the problem in the DMV office. They are unaware of the full rules and regulations
> of this particular type of visa. Perhaps you should forearm yourself with the
> complete INS regulation for the K-1 before you get the elected official involved.
>
.....yes we tried to get thru to her fried chicken addled brain but she armed herself with the "blue book" and a smirk and planted her feet to the concrete and said "he is not on a worker or student visa and that is that maam, periaahd..." Nothing short of a lobotomy would have her change her mind. We did give a 'report card' on this woman to DMV director.
And no he did not have a drivers license from his birth country. But that would not have mattered. "No one maam,but students and workers". i tried saying well, he is a worker by the presence of his EAD. But she wanted the visa not the EAD. "case closed maam, now git outa hair"

.....
to FFJ10
.....
>If yer hubby isnt a resident - what is he???
>what is he supposed to do in the interim? drive illegally???
......he is thinking he will be santas helper this year, hoping santa will give him the keys to the sleigh for awhile
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Old Dec 13th 2001, 12:04 am
  #17  
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Default To Ford68c

What you are missing is that the IDL is for tourist. If you have filed for adjustment of status in the US or are here on another type of visa, i.e. student, worker, etc. then you have established residency in the state you are living, working and attending school in. As such resident you are required by "most" state laws to obtain a valid state driver's license within x number of days/months.

The law you are quoting is as I said for tourist. Your state license is good for driving in most countries and for renting a vehicle just as theirs are in this country. The law is different for people migrating to the US and establishing residency.

As for the vehicle insurance companies, each one has their own criteria for insuring a driver of a US registered vehicle. Some will go by the laws of the state exclusively and others will have will by-laws which allow them to work around the state DMV regulations.

Also state DMV's have different regulations when it comes to testing an applicant for a driver's license, both written and driven. Many states do not require Canadians to take any test whatsoever and will just substitute their Canadian licenses for a State driver's license. Yet other states may make them take a written test and not a driving test.

The point to remember is that each state governs the regulations and rules of the DMV for their state. It is not a federal issue but a state one and therefore you have as many variations as there are states in the union.
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Old Jan 24th 2002, 1:05 am
  #18  
Jon
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We too have just found out that my wife is not "eligible" for a South Carolina DL!
(She is "here" on a K-1 visa, which has expired). We also found out, though SC does
not consider her a resident, her right to drive on her Dutch license is no longer
valid as she has been a RESIDENT of SC for more than 90 days and the law requires her
to get a new license!! Talk about a catch 22 situation!

Has anyone succeeded in getting a SC license prior to the finalization of the AOS?

My wife does have a valid EAD and a SS number (and by the way we were warned by the
INS inspector in Charleston that getting a SC drivers license would be difficult as
SC interprets the law wrong!)

How can we prove that my wife is going through the AOS process? All we received from
the INS in Greer SC is a cash register receipt showing we paid the AOS and EAD fee!
Shouldn't the EAD card be proof enough?

As we are on the border with Georgia, should we try to get a GA license and then go
and have that transferred to a SC license? (My wife is afraid that will mess up the
AOS in some way).

Thanks Jon

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Old Jan 24th 2002, 3:34 am
  #19  
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Default You have to write write write

Hi jon,
What an ordeal. NO! No one is getting the DL. I have written Gov. Hodges, and EVERY state Senator and Representative. You can get their addresses at... http://www.myscgov.com/SCSGPortal/st...ment_tem1.html They are in session right now and Bill 4382 makes some admendments to the DL law, BUT wait till you see them. They are a sham. I have also written to the Federal Senators and Congressman (Thurmond and Jim Demint) because the state officials just don't understand immigration. What they don't get is that spouses while they are waiting for AOS (666 days) are actually on an expired visa with only a "cash register receipt" to show they have applied.

Go to http://www.scstatehouse.net/ then go to "legislation" and type in 4382 to get the update on the DL bill. Note the endorsers of the bill ...starting with Mr. Limehouse and write each of them explaining the situation. Also write Gov.Hodges [email protected] (forget the lieutenant gov. he never has replied), Mike Easterday [email protected] (he has expressed interest in sponsoring a "correct bill"). And please call Cherith Norman at Congressman Demint's office at 864-232-1141 she will give you the latest on it and is looking for input. Her e-mail is [email protected]



....Here is an example of one of the letters i have written

Dear Representative Easterday,

I have been in contact with Ms. Cherith Norman in Congressman DeMint's office regarding the changes that were expected to be made to the DMV law 56-1-40 concerning issuance of Driver's Licenses to persons from other countries. We were expectant that changes would be drafted in the Bill 4382 so that Fiances/Spouses of US citizens who are legally here and allowed to work and are awaiting adjustment of Status to Permanent Resident may obtain licenses.

Your attention needs to be drawn to the fact that as the law reads now, and as it will read, there is a critical omission concerning Fiance/Spouse visa categories. Previously under the law 56-1-40 fiance/spouse visa holders were granted driver's licenses. However, the DMV are now denying them. According to DMV no one but those categories of visa mentioned in 56-1-40 are eligible

My husband came on a fiance visa, and is now in the process of Adjustment of Status. He has received his SS#, his EAD (work authorization) and is in line for a career teaching mathematics at the college level. But, due to unavailability of a Drivers License he is at a stalemate in his career.

Fiance/Spouse visas come with the honor of allowing Adjustment of Status to Resident/Citizen, yet this bill favors workers and students and their dependants and disregards the rights of spouses of US citizens. If the current draft of the law comes into effect, spouses of workers will be granted licenses but not the spouses of US citizens.

Please take note of this omission and add the categories of fiance/spouse allowing them to obtain the drivers license for the full time of their adjustment of status to Permanent Resident . Currently the timeframe for such paperwork toward adjustment of status is running 650 days until they are granted the permenant resident card.

Without your attention to this matter he will be denied a license for 2 years. It is profoundly disappointing to think that you are favoring the transient visa categories over the family members of US citizens.

We all appreciate you taking notice of a law which needed amendment. We urge that this will be settled with mention of the spouses and fiance/fiancees in the new draft.

Thanking you in anticipation,

Sincerely,

.........Here is a reply from Hodges
Thank you for your recent correspondence regarding the issuance of
driver's licenses by the Division of Motor Vehicles to persons holding an
I-94 card. South Carolina law (Section 56-1-40) limits the kinds of
documents that can be accepted for non-residents to obtain driver's
licenses to "work visas" and "student visas."

In 2000, the division began reviewing past policies of documents and
credentials that could be accepted. During subsequent review by
Department of Public Safety legal counsel, it was determined that
administrative procedures needed to be further refined in order to comply with the
law.

I have recently requested a review of the policies, practices, and laws
controlling the issuance of driver's licenses and permits to
non-residents by the Division of Motor Vehicles. The review is being coordinated
by one of my policy advisors. The goal is to ensure that the DMV's
policies in this area are uniform, coordinated, and consistent with both
federal and state laws. We will be examining what legislative action may
be appropriate to address these issues.

Again, thank you for writing to me about this issue. If I may be of
further assistance, please do not hesitate to contact me.

Sincerely,

Jim Hodges
.......

While you are there and just to break the tension check out Bill 18. It increase the health insurance coverage for state employees (both current and retirees) to include hair prothesis.
In their perfect world they get hair and she gets to bicycle.
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Old Jan 25th 2002, 1:08 am
  #20  
Jon
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Tara, Thank you very much for your posting, while I can't say it made our day, at
least it has given us some direction to go. My wife talked to Cherith Norman at
Congressman Demint's office, she was very empathetic to the situation,
but............ My wife contacted "The Aiken Standard" and the "Charleston City
Paper", both newspaper were unaware of the problems legal immigrants were having in
this area, and indicated that they would be (are?) interested in looking into the
situation and possibly doing a story on it. Every little bit helps! We will write to
those that you indicated, and will let you know what kind of response we get. As I'm
starting to lose my hair, Bill 18 sounds very interesting, unfortunately, I am a
state employee of Georgia, so I guess it wont help me very much!

Again, thank you

Jon

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Old Jan 31st 2002, 6:35 pm
  #21  
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Default ridiculous

Fox news.... January 29, 2002


Some lawmakers are coming up with an innovative solution for solving the problem of illegal immigrants driving on America's roads: They want to license them so they are no longer driving illegally.


Utah, North Carolina, and Tennessee are among a handful of states where lawmakers are proposing allowing 9 million illegal immigrants to obtain licenses. Supporters of the proposals argue that licensing illegals will force them to learn the rules of the road and sign up for auto insurance.

Opponents call it a misguided attempt to correct a legal wrong with a civic privilege.

"We're talking about rewarding people who are here illegally and should not be able to obtain a driver's license, or any other privilege of an American citizen," said U.S. Rep. Tom Tancredo, R-Calif.

Others say opening the door for illegals to get legal documents will make it easier for terrorists to assimilate themselves into American society.

"There are loopholes in the law that allow those who are here to do harm to work their way into the system," Linda Lewis, president of the American Association of Motor Vehicle Administrators.

Despite the opposition, proposals are on the table in at least seven states. In Illinois, Colorado and Georgia, lawmakers argue that highway safety concerns would be eased if undocumented immigrants had licenses. In Colorado, Illinois and California, illegal immigrants would be allowed to get licenses by showing a taxpayer identification number, which they can obtain without a Social Security card.

"What I'm trying to deal with is the reality of the fact that these individuals are here, they're working here, and they're driving here," said Colorado state Sen. Ron Tupa, whose bill earlier this month would remove the requirement that drivers license applicants provide proof they are in the United States legally.

California would allow immigrants to get licenses if they've applied for legal status, according to a bill introduced before the Sept. 11 attacks. The first public hearings on a bill in Illinois were scheduled for Sept. 11, but have been put off until late next month or early March, according to state Rep. William Delgado.

Since the Sept. 11 attacks, some lawmakers admit that their plans are facing greater resistance.

"What we have to figure out is how can we enable the hardworking immigrants that are a big part of the economy to have a driver's license while at the same time ensuring that we are able to track down the folks that are here potentially to do damage to California," said David Galaviz, legislative director for California assemblyman Gil Cedillo, who introduced a bill that passed the state Legislature last year.

In Georgia, where a bill would change the definition of a Georgia resident to include undocumented immigrants, allowing them to get drivers' licenses, state Rep. Barbara Mobley said the problem is not so much legislative resistance but fear among illegal immigrants that they will be unfairly accused of having knowledge of terrorist activities.

"There's wholesale paranoia of parts of the immigrant population," Mobley said.

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Old Jan 31st 2002, 9:37 pm
  #22  
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tara wrote:
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Those states have 9 million illegal immigrants???? That sounds high
 
Old Feb 24th 2002, 10:12 pm
  #23  
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Default Re: Can't Get Drivers License!!!!!!

can't you just drive on your international or overseas licence?

I know that in connecticut the law is that you can drive on your out of state/overseas licence for three months, then you are meant to apply for a connecticut licence. (which in reality takes about another 4 months from the date you apply because the wait list is so long).

if they refuse to grant you a SC licence, on grounds that you are not a "proper" resident, surely you can continue to drive on your overseas one?

good luck.
 
Old Feb 24th 2002, 11:01 pm
  #24  
Betastar
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Default Re: Can't Get Drivers License!!!!!!

On 24 Feb 2002 17:17:55 -0600, sarahw <[email protected]> spake:

    >can't you just drive on your international or overseas licence?
    >
    >I know that in connecticut the law is that you can drive on your out of
    >state/overseas licence for three months, then you are meant to apply for a
    >connecticut licence. (which in reality takes about another 4 months from the date
    >you apply because the wait list is so long).

Most states let you drive for 3 months if you're visiting, but if you're a resident
give you something like 30 days.
 
Old Feb 25th 2002, 12:00 pm
  #25  
Jan
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Default Re: Can't Get Drivers License!!!!!!

Hi there I enquired about this a while ago, i'm from the UK and have a international
driving permit, its good for holidays but apparently has questionable legality for
use in the case of a K1 immigrant. Hope this helps

Jan

"sarahw" <[email protected]> wrote in message
news:[email protected]...
    > can't you just drive on your international or overseas licence?
    >
    > I know that in connecticut the law is that you can drive on your out of
    > state/overseas licence for three months, then you are meant to apply for a
    > connecticut licence. (which in reality takes about another 4 months from the date
    > you apply because the wait list is so long).
    >
    > if they refuse to grant you a SC licence, on grounds that you are not a "proper"
    > resident, surely you can continue to drive on your overseas one?
    >
    > good luck.
    >
    >
    >
    > --
    > Brian
    >
    > Posted via http://britishexpats.com
 
Old Feb 25th 2002, 12:30 pm
  #26  
Maarten W.G. An
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Default Re: Can't Get Drivers License!!!!!!

"Jan" <[email protected]> wrote in message
news:[email protected]...
    > Hi there I enquired about this a while ago, i'm from the UK and have a
international
    > driving permit, its good for holidays but apparently has questionable legality for
    > use in the case of a K1 immigrant. Hope this helps

AFAIK the United States does not recognize foreign drivers licenses whatsoever,
except for the time you are legally allowed to drive as a tourist, which is 180 days
if you applied for an extended tourist visa, and 90 days if not.

I have been researching this on the DMV website of California, and the way I read it,
everyone will have to do a drivers, paper and eye test to apply for the
driverslicense.

The international permit is no good for anything, the only reason you would really
need this is for renting a car, as some driverslicenses from some countries do not
contain any English.

Maarten
 
Old Feb 25th 2002, 1:08 pm
  #27  
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Default Re: Can't Get Drivers License!!!!!!

Researching a particular state's DMV rules and regulations are fine if you are from that state.

Driver's licenses are not issued federally but locally and each and every state sets the rules and regulations for the obtaining of a driver's license. They vary from state to state and there is absolutely no uniformity.
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Old Feb 25th 2002, 1:15 pm
  #28  
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Default Re: Can't Get Drivers License!!!!!!

Tara

To you list of states wishing to award illegal immigrants with legal driver's license you can add the State of New York. Representative Felix Oritz has placed that bill before committee.

I am on a writing campaign as well to have the issue of voting registration being done at the time of issuance or renewal of driver's license in most states. Aftering reading here of the ease of immigrants registering for vote without having to prove their US citizenship, and reading an article about the plot in Seattle, Washington to register Salomina migrants in the same fashion so that the political balance will be in their favor come House voting time on particular immigration issues, it is time that this "convenient" way of registering for to vote is taken away from the State DMV offices.

Rita
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Old Feb 25th 2002, 7:00 pm
  #29  
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Default Re: Can't Get Drivers License!!!!!!

Rete <[email protected]> wrote in message
news:<[email protected]>...

    > and reading an article about the plot in Seattle, Washington to register Salomina
    > migrants in the same fashion so that the political balance will be in their favor
    > come House voting time on particular immigration issues,

Do you have a url for articles about this, I'd like to read them.
 
Old Feb 25th 2002, 7:36 pm
  #30  
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Default Re: Can't Get Drivers License!!!!!!

I didn't save them but will look for an archive of them. It was last Friday's paper and/or news URL
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