drivers licence, legal status question
Jun 13th 2010, 3:14 am
#16
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Re: drivers licence, legal status question
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.
True. As it is also true so far as I am aware that ALL states require you to have a VALID driving licence/learners permit before getting behind the wheel.
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.
You are an "unlicensed" visitor if you are resident in another State which requires you to have a license and you do not hold the requisite licence. A small but somewhat important point that is not dependant upon semantics but precedent. Judges tend to get funny over those little irritants.
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.
Being a visitor is fine it is being an unlicensed driver which creates the problem. I was of course referring to claiming to be an overseas visitor rather than a US citizen/PR visiting from another state. Claiming either of the later two opens a whole new can of worms.
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.
True. As it is also true so far as I am aware that ALL states require you to have a VALID driving licence/learners permit before getting behind the wheel.
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.
You are an "unlicensed" visitor if you are resident in another State which requires you to have a license and you do not hold the requisite licence. A small but somewhat important point that is not dependant upon semantics but precedent. Judges tend to get funny over those little irritants.
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.
Being a visitor is fine it is being an unlicensed driver which creates the problem. I was of course referring to claiming to be an overseas visitor rather than a US citizen/PR visiting from another state. Claiming either of the later two opens a whole new can of worms.
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.
Many have driven without a problem. There again many have been to the bar and drank whilst under age. Getting away with it does not mean it is risk free. The consequences can be severe.
But each to their own, I am not saying do or do not, but merely be aware of what may happen if it all goes wrong. :shrugs:
Jun 13th 2010, 3:35 am
#17
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Re: drivers licence, legal status question
OK, but in this particular case I don't see that MandyNi would have established residence either in VA during the few days that she was there enroute to her temporary 2 or 3 month stay in CA or, in CA provided that she was only there for a few months so personally, I wouldn't worry about it.
Jun 13th 2010, 6:01 am
#18
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Re: drivers licence, legal status question
Yeah that's my dilemma, I'm only in Va for a few days before we head back to California and then only in Cali. until mid to late September when I will head back to Va to settle. I want to do what is best/legal. I'm just trying to figure out will I need to sort something out in California and if so, will they just "hand" me a license or do I need to do a test!? Maybe I'll email the DMV!
Jun 13th 2010, 1:06 pm
#19
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Re: drivers licence, legal status question
I recently found out that I had misunderstood NY State's definition of Resident. I thought it meant "Green Card in hand" but it actually means residing here for more than 30 days and maintaining a residence here but not in another country. I no longer live in the UK so that makes my UK driving licence invalid in NY State. As soon as I realised my mistake I stopped driving and will shortly jump through the hoops to get my NYS driving licence.
Mandy - have a look at the DMV websites for both VA and California and check the definition of Resident for each state. Not long until you're here!
Mandy - have a look at the DMV websites for both VA and California and check the definition of Resident for each state. Not long until you're here!
Jun 13th 2010, 1:14 pm
#20
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Re: drivers licence, legal status question
Will you have a valid VA licence when you arrive in CA? If so, you can go to DMV and transfer it. I "believe" you will need to take a short written and/or verbal with eye test. They will issue a licence with an expiration date the same as your visa date. After that date expires, you will have to wait for your EAD (or green card) to renew your CA licence, if you wish to be 100% legal and safe.
Jun 13th 2010, 3:12 pm
#21
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Re: drivers licence, legal status question
Yeah that's my dilemma, I'm only in Va for a few days before we head back to California and then only in Cali. until mid to late September when I will head back to Va to settle. I want to do what is best/legal. I'm just trying to figure out will I need to sort something out in California and if so, will they just "hand" me a license or do I need to do a test!? Maybe I'll email the DMV!
Jun 14th 2010, 8:44 pm
#22
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Re: drivers licence, legal status question
Yeah that's my dilemma, I'm only in Va for a few days before we head back to California and then only in Cali. until mid to late September when I will head back to Va to settle. I want to do what is best/legal. I'm just trying to figure out will I need to sort something out in California and if so, will they just "hand" me a license or do I need to do a test!? Maybe I'll email the DMV!
Rene
Jun 14th 2010, 9:07 pm
#23
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Re: drivers licence, legal status question
Thanks Rene, I won't have that because they will all be in M's name. I think I'll email DMV in Cali and explain that I am there temporarily until I move to Va. and see what they say. It won't hurt to ask and confirm I guess.
Jun 14th 2010, 9:50 pm
#24
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Re: drivers licence, legal status question
This myth keeps on being repeated.
What the CA law says is that once you become a CA resident you must get a CA driver's license within 10 days.
You do not need to prove residence in CA in order to get a CA driver's license (although you do need proof of lawful presence in the US and a social security number if you are eligible for one).
Jun 14th 2010, 10:09 pm
#25
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Re: drivers licence, legal status question
Rene
Jun 14th 2010, 11:19 pm
#26
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Re: drivers licence, legal status question
No!!!
This myth keeps on being repeated.
What the CA law says is that once you become a CA resident you must get a CA driver's license within 10 days.
You do not need to prove residence in CA in order to get a CA driver's license (although you do need proof of lawful presence in the US and a social security number if you are eligible for one).
This myth keeps on being repeated.
What the CA law says is that once you become a CA resident you must get a CA driver's license within 10 days.
You do not need to prove residence in CA in order to get a CA driver's license (although you do need proof of lawful presence in the US and a social security number if you are eligible for one).
Jun 15th 2010, 12:57 pm
#28
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Re: drivers licence, legal status question
I arrived in CA on 30 January, my SSN didn't come until 15 February, I couldn't apply for my license without my SSN, so the 10 day rule for getting the license was impossible.
I then couldn't get an appointment at the DMV for 3 weeks, so mid March I attended the appointment no proof of residency required to apply for the license. I passed the theory and was given a temporary CA license valid until June. It then took another 4 weeks to get a test appointment, so I passed mid April.
Nobody at the DMV ever questioned me as to why I hadn't applied within 10 days (which as stated was impossible.)
I then couldn't get an appointment at the DMV for 3 weeks, so mid March I attended the appointment no proof of residency required to apply for the license. I passed the theory and was given a temporary CA license valid until June. It then took another 4 weeks to get a test appointment, so I passed mid April.
Nobody at the DMV ever questioned me as to why I hadn't applied within 10 days (which as stated was impossible.)
Jun 15th 2010, 2:27 pm
#29
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Re: drivers licence, legal status question
I arrived in CA on 30 January, my SSN didn't come until 15 February, I couldn't apply for my license without my SSN, so the 10 day rule for getting the license was impossible.
I then couldn't get an appointment at the DMV for 3 weeks, so mid March I attended the appointment no proof of residency required to apply for the license. I passed the theory and was given a temporary CA license valid until June. It then took another 4 weeks to get a test appointment, so I passed mid April.
Nobody at the DMV ever questioned me as to why I hadn't applied within 10 days (which as stated was impossible.)
I then couldn't get an appointment at the DMV for 3 weeks, so mid March I attended the appointment no proof of residency required to apply for the license. I passed the theory and was given a temporary CA license valid until June. It then took another 4 weeks to get a test appointment, so I passed mid April.
Nobody at the DMV ever questioned me as to why I hadn't applied within 10 days (which as stated was impossible.)
Jun 15th 2010, 2:37 pm
#30
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Re: drivers licence, legal status question
i didn't need to ssn in va but needed to prove i lived here.....it's crazy that you had to wait so long, i just turned up at the dmv, took a ticket and waited about 20min, then they gave me my written test, 5min after that i was in the car with an instructor doing the practical part.
But still with the wait for the driving test and also if you fail the written test you have to wait a week before you can do it again, 10 days is never going to happen
