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drivers licence, legal status question

drivers licence, legal status question

Old Jun 11th 2010, 10:49 pm
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Default drivers licence, legal status question

ok i just got my va drivers licence but it's only valid for around a month. (till my i-94 expires) i was wondering if i'll be able to get anything to prove legal status to get it extended before i get my EAD, thanks.
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Old Jun 11th 2010, 11:21 pm
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Default Re: drivers licence, legal status question

Originally Posted by Ja5on
ok i just got my va drivers licence but it's only valid for around a month. (till my i-94 expires) i was wondering if i'll be able to get anything to prove legal status to get it extended before i get my EAD, thanks.

No there are no other documents except a green card which will extend your driver's license.

Drive on your UK license.
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Old Jun 11th 2010, 11:24 pm
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Default Re: drivers licence, legal status question

Originally Posted by Rete
No there are no other documents except a green card which will extend your driver's license.

Drive on your UK license.
does it matter that the state want me to have a va one within 30 days of moving here? they did say that since i've done the test that i don't have to do it again. i just go in and ask for it to be renewed.....thanks for the quick response.
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Old Jun 12th 2010, 12:09 am
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Default Re: drivers licence, legal status question

Same thing happened to my fiance when he came on a K-1. His first State ID was only good for the extent of his I-94. He had not received his EAD before that expired, so DMV went ahead and used the expiration date on the actual K-1 visa. By the time THAT date expired, he had his EAD and got his ID food for 1 year.

After that, they based his ID's on whatever he had....2 years for his conditional green card, 10 years for his unconditional green card, then finally no expiration when he became a USC.

Rene
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Old Jun 12th 2010, 3:17 am
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Default Re: drivers licence, legal status question

From experience, in at least the states I have lived in, it is a grey area if you just drive on your foreign licence.

When I first moved to NC from Canada on a temp work visa (NAFTA TN 1 year no immigration path) I didn't bother to get a NC licence or tags. Since under immigration federal law I was not a "resident" and had to maintain residency in Canada. According to the officer that pulled me over for a traffic violation, I was supposed to get a NC licence in 30 days of moving to the state. I made the mistake of showing him my passport and TN stamp. He got all snappy that I had been "living" there for a year and hadn't changed my licence. I saw a traffic lawyer who explained that I probably could fight it and win but why bother, with my visa I could get a local licence no problem. I had just re-entered with a new 1 yr TN so off I went to DMV and they gave me a NC licence that expired sameday as my visa. Charges were dropped, including the speeding ticket. At the DMV they didn't take away my Canuck licence so I had both. When I moved to GA with a couple months left on my NC licence, DMV transferred it no problem and again set the expiry date for the same day as my visa. My GA licence expired before my EAD came in so I just decided to drive with my Canuck licence only this time if I got pulled over decided that I would just give my Canadian address as residence if asked. Never got the chance to test that theory, but I still did have a mailing address in Canada family, and a lot of my personal stuff was stored there so..., grey area.

When my EAD came in I renewed my GA licence which was good until the expiry date on that card. Luckily I kept my Canadian licence because that AOS / 130 was denied. I drove on my Canuck licence until it expired. I'm waiting for a new EAD on a new AOS and don't drive now. I can't renew my Canadian licence by mail anymore, I exhausted that avenue. And of course I don't dare leave the USA at this time.

I think you will be fine on your UK licence as long as you don't tell him more than you have to, especially residency... Visitors drive on foreign licence here all the time!
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Old Jun 12th 2010, 8:34 pm
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Default Re: drivers licence, legal status question

Did you have to do the full test etc. J? Just that I'll be in Va 5th July for a few days before I head off to California and wondering what the best route is for driving legally!?
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Old Jun 12th 2010, 8:50 pm
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Default Re: drivers licence, legal status question

Just an eye test and a short written both in NC and GA, but Canada and USA driving laws are very similar, moreso than UK / USA. Don't know if that had anything to do with it.

Bottomline, you might be ok on your UK licence according to federal law, but not okay according to most state laws but it shouldn't be an issue unless you tell that officer you are a "resident" for more than 30 days or whatever. You won't be driving a car registered in your name with a USA address, will you? Insurance is another issue...

Don't drive through Arizona!!! ;-)
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Old Jun 12th 2010, 9:56 pm
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Default Re: drivers licence, legal status question

Ehhh no I'll be temporarily in California until I move back to where "home" will be i.e. Virginia by 1 October. When I will go and do whatever the DMV in Va require for me to be a legal driver.

Will be driving car bought and registered in other halves name, covered by his insurance, living temporarily in an apartment which is registered to his name. You think I'm covered?
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Old Jun 12th 2010, 10:19 pm
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Default Re: drivers licence, legal status question

Just practice saying "visiting" instead of "living" and you'll be fine... Oh, that and keep right.... ;-)
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Old Jun 12th 2010, 10:51 pm
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Default Re: drivers licence, legal status question

Originally Posted by MandyNi
Ehhh no I'll be temporarily in California until I move back to where "home" will be i.e. Virginia by 1 October. When I will go and do whatever the DMV in Va require for me to be a legal driver.

Will be driving car bought and registered in other halves name, covered by his insurance, living temporarily in an apartment which is registered to his name. You think I'm covered?
Technically or practically?

This is a subject I see appear again and again.

You can drive in the USA on a foreign licence as a VISITOR.

As an immigrant you are NOT a visitor. It does vary state by state as to how long the period of grace is for you to obtain a valid State DL.

The reality is that if stopped you are unlikely to have a problem if you say you are from the UK. Saying you are a visitor is a lie and can bite you on the ass. Saying you are from the UK is perfectly true!

The real problem comes if you have an accident and things are looked at further. Insurance in the US unlike the UK does not offer unlimited indemnity and you could find houses etc on the line if you are at fault and the court awards more than the insurance provides cover for.

Yes it is a pain to wait until you can legally obtain a valid US licence but only you can decide if the risk of being caught without one is worth it. Be aware of the possible future consequences of a conviction resulting from unlicensed use and no insurance etc etc.

VA state troopers are not known for their sense of humor or their love of foreigners - be cautious.
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Old Jun 13th 2010, 2:08 am
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Default Re: drivers licence, legal status question

all the VA folks love my accent so i should be alright........plus since the dmv would only give me a driver licence till my visa runs out, and it's a non-immigrant K1 visa then i guess they can't really say anything. if i get stopped between my visa ending and my EAD then i'll just give them my english licence and see how it goes
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Old Jun 13th 2010, 2:26 am
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Default Re: drivers licence, legal status question

Originally Posted by country_canuck
My GA licence expired before my EAD came in so I just decided to drive with my Canuck licence only this time if I got pulled over decided that I would just give my Canadian address as residence if asked. Never got the chance to test that theory, but I still did have a mailing address in Canada family, and a lot of my personal stuff was stored there so..., grey area.
I think this would have been more a black and white issue rather than grey. They may have had access to your previous licence history, Telling them you were not a local resident but were still a resident of Canada would be lieing to a police officer. Something all police frown on.
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Old Jun 13th 2010, 2:31 am
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Default Re: drivers licence, legal status question

Originally Posted by Family_Guy
You can drive in the USA on a foreign licence as a VISITOR.
More precisely, you can drive in each of the states that make up the US on an out of state license (which includes a foreign license) as a visitor. The precise rules about how long you can do this and what constitutes becoming a "resident" rather than a "visitor" are different for each and every state.

As an immigrant you are NOT a visitor. It does vary state by state as to how long the period of grace is for you to obtain a valid State DL.
If you are not considered resident in that particular state then you are a visitor as far as that state is concerned, regardless of your immigration status - heck you could be a US citizen and still be a "visitor" to a particular state where you were not resident.

The reality is that if stopped you are unlikely to have a problem if you say you are from the UK. Saying you are a visitor is a lie and can bite you on the ass. Saying you are from the UK is perfectly true!
Saying that you are a visitor to that state is most certainly not a lie if you are not considered to be a resident of the state.

VA state troopers are not known for their sense of humor or their love of foreigners - be cautious.
Yes, but I think that MandyNi was mainly concerned about her temporary stay in California where, I would argue, she could reasonably claim to be an out of state visitor.
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Old Jun 13th 2010, 2:41 am
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Default Re: drivers licence, legal status question

Originally Posted by Michelmas
I think this would have been more a black and white issue rather than grey. They may have had access to your previous licence history, Telling them you were not a local resident but were still a resident of Canada would be lieing to a police officer. Something all police frown on.
I once lay with a cop. And I think she lied to me, too!
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Old Jun 13th 2010, 3:02 am
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Default Re: drivers licence, legal status question

Originally Posted by Michelmas
I think this would have been more a black and white issue rather than grey. They may have had access to your previous licence history, Telling them you were not a local resident but were still a resident of Canada would be lieing to a police officer. Something all police frown on.
Not according to the attorney I talked to, I was a resident of Canada maintaining domicile in Canada temporarily in the USA for work, non-immigrant with a "leave by" date. There was two ways to go, fight it in court at expense or simply go and get the NC licence and produce it and the court would drop the charge. I went for the latter for simplicity sake.
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