Driver license and CPR
 

Hi all,

My wife came in as K-1 and the previous driver license would have expired at
the same time as the EAD in August of this year. However, she has received
a 2-year conditional PR card in Nov 2004 and went to renew her driver
license (giving her 2 years validity / Nov 2006 instead of 1 year/ August
2005). Now, it will expire soon after we file for removal of conditions.

1) What is the timeline for approval of removal of conditions and to get the
10-year PR card in hand (so we can renew the driver license).

2) If the driver license expires before the approval of removal of
conditions is granted, how can she drive? How does the MVS grant a renewal
license now that she is in limbo- the CPR has expired, but no documentation
to extend the validity of her driver license?

We are in New Jersey. Thank you for your help.

Re: Driver license and CPR
 

When you're a conditional permanent resident, you're a permanent resident. While removing conditions your wife is not going to be 'in limbo'.

The conditional part should have no effect on the drivers license, but each state is allowed to set their own rules. Have you researched the NJ DMV website for information about their rules regarding DL's for permanent residents?

Elaine

Re: Driver license and CPR
 

I believe it does vary by state, actually -- or maybe even the DMV person processing the renewal. Mark got his VA drivers license last February, before our AOS interview that June. The license was valid until today (coincidence!), because that's when his one-year EAD expired. He got his license renewed last week, and even though his green card's expiration date is June 2006, they gave him a license that doesn't expire until 2012!

We were surprised by that -- especially since the VA DMV usually bases the expiration date on your age in five-year increments (25, 30, 35, etc.). Mark turns 33 tomorrow (another coincidence!), so we thought the license would be valid until he's 35. That's what they did when I got my license in June 2003; it's valid until 2007, when I turn 35. But instead they made Mark's license valid until he's 40 -- go figure. :)

~ Jenney

Re: Driver license and CPR
 

Hi:

You say she will be in "limbo" -- what do you mean by that. I see absolutely nothing in your discussion that would implicate any "limbo" period.

Please clarify the background of your question.

Re: Driver license and CPR
 

The limbo period is that the physical green card is expired and unless the DMV is astute and generous, many do not accept the notice of action letter extending the green card for one year. Don't even bother trying to explain to a DMV working that an unconditional residency does not expire unless the I-751 petition is denied. That is limbo. I know attorneys do not face this problem as it is outside of the range of immigration issues and most probably are totally unaware of the many tribulations that adjusters have to go through to obtain and maintain a driver's license when validity periods are based on physical CIS documentation which is usually temporary until the LPR status is in place.

Rita

Re: Driver license and CPR
 

In Florida, presenting the notice from USCIS indicating your case is in
process is enough to get you two years on your driver's license. Is this not
the case in New Jersey?

"User1" <[email protected]> wrote in message
news:[email protected]...
    > Hi all,
    > My wife came in as K-1 and the previous driver license would have expired
at
    > the same time as the EAD in August of this year. However, she has
received
    > a 2-year conditional PR card in Nov 2004 and went to renew her driver
    > license (giving her 2 years validity / Nov 2006 instead of 1 year/ August
    > 2005). Now, it will expire soon after we file for removal of conditions.
    > 1) What is the timeline for approval of removal of conditions and to get
the
    > 10-year PR card in hand (so we can renew the driver license).
    > 2) If the driver license expires before the approval of removal of
    > conditions is granted, how can she drive? How does the MVS grant a
renewal
    > license now that she is in limbo- the CPR has expired, but no
documentation
    > to extend the validity of her driver license?
    > We are in New Jersey. Thank you for your help.

Re: Driver license and CPR
 

A NoA is no good in Colorado, they want to see something specific like the I94 or EAD etc.

I could see this being an issue here but there is not much that can be done about it and anyway who knows what the regulations will be, something that was not a problem now is and it could change back.

I do have my UK license, still useful where they want ID but are really just collecting personal data.

Re: Driver license and CPR
 

Rete:

Most of the problems with CA DMV is for pending asylums, especially court cases with no EAD possible and also for long term NIV's who are LEGALLY present. In my experience, the scenario of having the I-751 pending is not a problem.

Also, do note that the OP is anticipating a problem before it has become a reality. Also, the OP seems to think there is an expiry of status.

I agree that the frontline clerk may not know this, but that is what supervisors are for.

Re: Driver license and CPR
 

Virginia DMV is similar -- they will accept an expired green card as long as the expiration date is not more than one year old.

I suggest the OP look up NJ's DMV site and see what documents are and aren't acceptable.

~ Jenney

Re: Driver license and CPR
 

I live my life with anticipating a problem and being prepared for it before it develops. Apparently the OP is of similar character. Not a bad way to be.

As for supervisors, remember they come up from the ranks and are often as ignorant as the clerks they oversee.

Rete