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New rules for drivers' licenses

New rules for drivers' licenses

Old May 14th 2005, 12:37 pm
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Default New rules for drivers' licenses

From an article on ILW.com (Immigrants' Weekly) by Gregory Siskind.

"The REAL ID Act of 2005 was passed in Congress and was signed by the President on May 11, 2005.

REAL ID has three major sections – one dealing with asylum applications and removal proceedings; another covering drivers license standards; and a third covering border security.

Drivers’ Licenses

While one might think that the elimination of habeas corpus relief or imposing new restrictions on asylum would be the most important provisions in REAL ID, the drivers’ license sections have been the ones that have gotten most of the media attention.

Under Title II of REAL ID, the drivers license provisions of the Intelligence Reform Act passed in 2004 are repealed and new requirements take its place. Beginning in 2008, federal agencies will be barred from accepting for official purposes a driver’s license or state identification card unless the issuing state meets new federal requirements. That means no getting on airplanes, entering federal buildings, etc. without an approved license. Realistically speaking, every state will find itself compelled to comply with the law since failure to issue a complying license will have severe implications for a state’s residents.

To meet the requirements of REAL ID, the license must include the following:

the person’s full legal name
the person’s date of birth
the person’s gender
the person’s license or identification card number
a digital photograph of the person
the person’s address of principal residence
the person’s signature
physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes
a common machine-readable technology
States must also set up systems to verify identity. License applicants must prevent a photo identity document or a non-photo document if it includes the person’s full legal name and date of birth. The applicant must present documentation showing the person’s date of birth. The applicant must present proof of their social security number or verification that the person is not eligible for a number. And the applicant must present documentation of their name and address.

Finally, a state must require evidence that the person is

a citizen or national of the US
an alien lawfully admitted for permanent or temporary residence in the US
has conditional permanent residence in the US
has an approved application for asylum or has entered the US in refugee status
has a valid, unexpired non-immigrant visa or non-immigrant status
has a pending application for asylum in the US
has a pending or approved application for temporary protected status in the US
has approved deferred action status or
has a pending application for adjustment of status to lawful permanent resident status in the US
If a person can prove they fit into at least one of these nine categories, they will be eligible for a temporary license or identification card that will only be valid during the period of time the applicant is authorized to stay in the US or, if there is no definite end to the period of authorized stay, for a period of one year. The fact that the documents are temporary would need to be prominently noted on the card.

In order to extend the validity of the card, applicant would need to present documentation of continuing legal status.

States will now be required to verify with the issuing agency the issuance, validity and completeness of each document presented. Foreign documents other than a passport may not be presented. States will have to sign agreements with DHS by September 11, 2005 to use the Systematic Alien Verification for Entitlements (SAVE) program to verify the legal presence of a person, other than a US citizen, applying for a license or identification card.

States will also now be required to use special digital photography technology, verify social security numbers, refuse to issue licenses to people holding out of state licenses unless the state confirms the license in the other state has been terminated, secure the storage and security of license materials, run security checks on people working at motor vehicle offices, and limiting the validity date of all licenses to know more than 8 years.

States failing to comply with the new requirements will be required to clearly state on their cards that they are not valid for federal purposes and they must use a unique color to alert Federal agencies that they are not acceptable.

States can continue to issue alternative identification documents – like Tennessee’s driver’s certificates – that state clearly that the document may not be accepted by any federal agency.

Privacy advocates are also concerned about a new database that will be made available to DHS and the states containing the information collected under this Act.

AILA also points out that this law would not have prevented any of the 9/11 hijackers from getting driver’s licenses. All entered on valid visas that could have been used to secure licenses under REAL ID. The group that will largely be affected are Mexicans who enter the US without a valid visa.

There is a provision in the statute permitting the federal government to make grants to help states in the transition to REAL ID. However, there is a $500 million estimated price tag associated with the new law and there is no statement in the law regarding just how much money might be made available."


Read the whole article here:-

http://www.ilw.com/lawyers/articles/...6-siskind.shtm

My main concern is with this section:-

If a person can prove they fit into at least one of these nine categories, they will be eligible for a temporary license or identification card that will only be valid during the period of time the applicant is authorized to stay in the US or, if there is no definite end to the period of authorized stay, for a period of one year. The fact that the documents are temporary would need to be prominently noted on the card.

In order to extend the validity of the card, applicant would need to present documentation of continuing legal status.


Yet another pain for those of us who are still waiting for a green card .... not only do we have to annually renew EADs and APs but now our DLs ...
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Old May 15th 2005, 3:22 am
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Default Re: New rules for drivers' licenses

Originally Posted by dbark
From an article on ILW.com (Immigrants' Weekly) by Gregory Siskind.

"The REAL ID Act of 2005 was passed in Congress and was signed by the President on May 11, 2005.

REAL ID has three major sections – one dealing with asylum applications and removal proceedings; another covering drivers license standards; and a third covering border security.

Drivers’ Licenses

While one might think that the elimination of habeas corpus relief or imposing new restrictions on asylum would be the most important provisions in REAL ID, the drivers’ license sections have been the ones that have gotten most of the media attention.

Under Title II of REAL ID, the drivers license provisions of the Intelligence Reform Act passed in 2004 are repealed and new requirements take its place. Beginning in 2008, federal agencies will be barred from accepting for official purposes a driver’s license or state identification card unless the issuing state meets new federal requirements. That means no getting on airplanes, entering federal buildings, etc. without an approved license. Realistically speaking, every state will find itself compelled to comply with the law since failure to issue a complying license will have severe implications for a state’s residents.

To meet the requirements of REAL ID, the license must include the following:

the person’s full legal name
the person’s date of birth
the person’s gender
the person’s license or identification card number
a digital photograph of the person
the person’s address of principal residence
the person’s signature
physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes
a common machine-readable technology
States must also set up systems to verify identity. License applicants must prevent a photo identity document or a non-photo document if it includes the person’s full legal name and date of birth. The applicant must present documentation showing the person’s date of birth. The applicant must present proof of their social security number or verification that the person is not eligible for a number. And the applicant must present documentation of their name and address.

Finally, a state must require evidence that the person is

a citizen or national of the US
an alien lawfully admitted for permanent or temporary residence in the US
has conditional permanent residence in the US
has an approved application for asylum or has entered the US in refugee status
has a valid, unexpired non-immigrant visa or non-immigrant status
has a pending application for asylum in the US
has a pending or approved application for temporary protected status in the US
has approved deferred action status or
has a pending application for adjustment of status to lawful permanent resident status in the US
If a person can prove they fit into at least one of these nine categories, they will be eligible for a temporary license or identification card that will only be valid during the period of time the applicant is authorized to stay in the US or, if there is no definite end to the period of authorized stay, for a period of one year. The fact that the documents are temporary would need to be prominently noted on the card.

In order to extend the validity of the card, applicant would need to present documentation of continuing legal status.

States will now be required to verify with the issuing agency the issuance, validity and completeness of each document presented. Foreign documents other than a passport may not be presented. States will have to sign agreements with DHS by September 11, 2005 to use the Systematic Alien Verification for Entitlements (SAVE) program to verify the legal presence of a person, other than a US citizen, applying for a license or identification card.

States will also now be required to use special digital photography technology, verify social security numbers, refuse to issue licenses to people holding out of state licenses unless the state confirms the license in the other state has been terminated, secure the storage and security of license materials, run security checks on people working at motor vehicle offices, and limiting the validity date of all licenses to know more than 8 years.

States failing to comply with the new requirements will be required to clearly state on their cards that they are not valid for federal purposes and they must use a unique color to alert Federal agencies that they are not acceptable.

States can continue to issue alternative identification documents – like Tennessee’s driver’s certificates – that state clearly that the document may not be accepted by any federal agency.

Privacy advocates are also concerned about a new database that will be made available to DHS and the states containing the information collected under this Act.

AILA also points out that this law would not have prevented any of the 9/11 hijackers from getting driver’s licenses. All entered on valid visas that could have been used to secure licenses under REAL ID. The group that will largely be affected are Mexicans who enter the US without a valid visa.

There is a provision in the statute permitting the federal government to make grants to help states in the transition to REAL ID. However, there is a $500 million estimated price tag associated with the new law and there is no statement in the law regarding just how much money might be made available."


Read the whole article here:-

http://www.ilw.com/lawyers/articles/...6-siskind.shtm

My main concern is with this section:-

If a person can prove they fit into at least one of these nine categories, they will be eligible for a temporary license or identification card that will only be valid during the period of time the applicant is authorized to stay in the US or, if there is no definite end to the period of authorized stay, for a period of one year. The fact that the documents are temporary would need to be prominently noted on the card.

In order to extend the validity of the card, applicant would need to present documentation of continuing legal status.


Yet another pain for those of us who are still waiting for a green card .... not only do we have to annually renew EADs and APs but now our DLs ...
I have a permanent res. status card (is that a 'green card'?) - there's an ice cream salesman around here who hands them out for the price of a six pack (JOKE!!).

This card has everything about me including my fingerprints, my underpant size, and Karma from my past lives recorded on it. So I guess I'm OK.
Nevertheless - I still have the 'OLD' Uk drivers licence on me - the one WITHOUT the ID photo. Just a slip of folded paper for use in the toilet at some point? Issued in 1986.
So - if I get stopped by a US copper, I'll wave that in his face and say - "sort that out copper - my address is on there somewhere!" As I make my escape down the highway firing my automatic sarcasm dispenser.
No doubt within 4 days I'll be deported...Oh well - at least the wife says she'll come with me no matter what.


HONK!
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Old May 16th 2005, 3:06 pm
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Default Re: New rules for drivers' licenses

Aaaarghhhhhh.

I went to our local DMV/MVC last week to confirm which documents I needed to renew my Licence as our visas run out on Wednesday but we have our I-797s. I have just been with all the documents they asked for and the obese ignorant woman never even looked at me and said "you're only an L2 we need all the documentation for the holder of the L1", slammed all my stuff on the counter and shouted the next person. I'm sorry but I am definitely not only an L2 I'm a real person. She seemed OK until she saw my UK passport and then treated me like a second class citizen, god I wish I could have smacked her one.


Why do some people have to be so flaming ignorant?
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Old May 16th 2005, 3:19 pm
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Default Re: New rules for drivers' licenses

I have to agree with most of what Bruce Schneier says.
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Old May 16th 2005, 3:23 pm
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Unhappy Re: New rules for drivers' licenses

Originally Posted by mandpete
Aaaarghhhhhh.

I went to our local DMV/MVC last week to confirm which documents I needed to renew my Licence as our visas run out on Wednesday but we have our I-797s. I have just been with all the documents they asked for and the obese ignorant woman never even looked at me and said "you're only an L2 we need all the documentation for the holder of the L1", slammed all my stuff on the counter and shouted the next person. I'm sorry but I am definitely not only an L2 I'm a real person. She seemed OK until she saw my UK passport and then treated me like a second class citizen, god I wish I could have smacked her one.


Why do some people have to be so flaming ignorant?
The last time I went to renew my NJ licence I noted very carefully what I needed to bring with me as per their leaflet and website and took all the documentation with me.

I got to the counter and they asked me where my husband (L1 visa holder) was. He was at work in NYC. I said to them that there was no requirement that the L1 visa holder needed to be present according to their website and DMV leaflet....then the clerk pulled out a scrappy photocopied sheet of paper for internal DMV use only, where someone working there had handwritten onto it that the L1 visa holder had to be there when the L2 dependant wanted to be issued with a licence. What a wasted journey....bah! The clerk could give me no explanation as to why they hadn't updated their website of course....

mandpete; I prefer to go to the Eatontown office, near Seven Presidents Beach Park on the Jersey Shore, even though it's quite a drive from where we live. It's much more civilised there compared to Newark or Wayne in NNJ where there are so many immigrants.....there are hardly any foreigners applying for DLs at Eatontown so at least once you get there the wait isn't too long....I've heard horror stories at the other DMVs where you have to wait all day.

My current licence will expire in mid-July (3 months after the expiry date on my visa). I will be going to the US Embassy in London to get the latest one attached to my passport during the Summer (it's already approved) but my husband won't be in the States when I get back....he will be working in the London office and going to build a house for the Tsunami victims in Sri Lanka...don't know how I'm supposed to get my driving licence sorted out with him being out of the country...
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Old May 16th 2005, 3:48 pm
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Default Re: New rules for drivers' licenses

Originally Posted by Englishmum
The last time I went to renew my NJ licence I noted very carefully what I needed to bring with me as per their leaflet and website and took all the documentation with me.

I got to the counter and they asked me where my husband (L1 visa holder) was. He was at work in NYC. I said to them that there was no requirement that the L1 visa holder needed to be present according to their website and DMV leaflet....then the clerk pulled out a scrappy photocopied sheet of paper for internal DMV use only, where someone working there had handwritten onto it that the L1 visa holder had to be there when the L2 dependant wanted to be issued with a licence. What a wasted journey....bah! The clerk could give me no explanation as to why they hadn't updated their website of course....

mandpete; I prefer to go to the Eatontown office, near Seven Presidents Beach Park on the Jersey Shore, even though it's quite a drive from where we live. It's much more civilised there compared to Newark or Wayne in NNJ where there are so many immigrants.....there are hardly any foreigners applying for DLs at Eatontown so at least once you get there the wait isn't too long....I've heard horror stories at the other DMVs where you have to wait all day.

My current licence will expire in mid-July (3 months after the expiry date on my visa). I will be going to the US Embassy in London to get the latest one attached to my passport during the Summer (it's already approved) but my husband won't be in the States when I get back....he will be working in the London office and going to build a house for the Tsunami victims in Sri Lanka...don't know how I'm supposed to get my driving licence sorted out with him being out of the country...
I went to the Lawrenceville DMV which fortunately is only 5 minutes away and is usually very quiet. They have just started doing visa related licences so I am just glad I didn't have to go to Trenton It took us 2 full days to get our first licences there.

I also checked on the website and nowhere did it mention having L1 documents, never mind hubby having to be there in person. The woman who dealt with me flicked through a grubby looking file before being completely obnoxious. My husband isn't working away at the moment so if he gets back from his meeting in Connecticut today, he's coming straight to the DMV with me.

Just as a matter of interest, how long did it take for your extension to be approved?
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Old May 16th 2005, 4:03 pm
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Post Re: New rules for drivers' licenses

Originally Posted by mandpete
Just as a matter of interest, how long did it take for your extension to be approved?
This is our second lot of visa renewals as we've been here for five years, it's our final lot of 2 year visas to take us to the max of 7 years.

We signed the application forms and sent them back to the company's immigration attorneys (Fragomen) just before the New Year - our visas expired on April 10. We didn't hear anything by early March, apart from the fact that my new EAD card had arrived and then Fragomen's said that the L2 visas for my son and myself had been approved but my husbands L1-A was 'still pending' LOL!

My husband has to travel a lot, so the company was just about to pay the $1000 fee to expedite it, when the approval paperwork arrived. Pete has already had his L1 interview (it took less than 1 minute) and visa issued in London, but due to our son being at school and now older than 14 he needs to be interviewed this time, so we will do it sometime during the Summer when we go to the UK.
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Old May 18th 2005, 6:36 pm
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Default Re: New rules for drivers' licenses

AAARRRGGGHHH.......

Well, it's official as of midnight tonight I can no longer drive in the good old US of A because I still haven't received my Notice of Approval from Vermont. My husband got his and has renewed his NJ licence.

I was told by the DMV that as long as my husband's L1 was approved and I had my I-797 receipt I could renew my licence. Not so, because it doesn't actually state on the I-797 that it can take up to 90 days to process the approval I'm stuck. It shows the length of processing time on USCIS website and I told this to DMV but apparently it's not their job to look up USCIS cases. I asked could I still drive using my UK licence but they told me to go to the Police and ask them.

Off I went to the Police station and was told because I have been here 3 years I have to have a NJ (US) licence to legally drive plus my insurance may be void if I don't have an NJ licence.

I called the USCIS and they won't issue me with a letter for the DMV explaining the delay in processing at the moment and for some unknown reason they have added another 30 days waiting time for my application because the guy who's got my file has fallen behind with his workload.

If it wasn't for the fact that my kids have loads of things going on at school at the moment we'd be on the next available flight to Manchester.

How the hell am I supposed to manage without my car? Hubby will just have to ferry us all about for a couple of weeks or so.
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Old May 18th 2005, 6:52 pm
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Default Re: New rules for drivers' licenses

If you have trouble, do what I did.

My son could not get his provisional licence because his I-551 stamp had expired and I was not going to take him out of school just for that.

I immediately contacted one of the Directors of the DMV (there are 6 in the SouthEast). I told him my story. My point was : If my son is here illegally, they should deport him. If he is here legally, they should let him drive.

The director was SO HELPFUL. He called BCIS and called me back in 30 minutes and told me he had told he had checked my sons status and it was good and that he had already called my local DMV supervisor to accept his application.

I got his licence the next day

Proves that often in Government, the people on the coal-face don't give a shit but the REAL bosses DO.....
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Old May 18th 2005, 6:52 pm
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Default Re: New rules for drivers' licenses

Originally Posted by mandpete
AAARRRGGGHHH.......
I called the USCIS and they won't issue me with a letter for the DMV explaining the delay in processing at the moment and for some unknown reason they have added another 30 days waiting time for my application because the guy who's got my file has fallen behind with his workload.
How the hell am I supposed to manage without my car? Hubby will just have to ferry us all about for a couple of weeks or so.
I recently had problems renewing my license also. Was initially told that my I-94 had been sent to USCIS for 'checking', and that 'nothing could be done' until they had heard back from them :scared: However, I peristed and eventually spoke to someone who was more helpful, who promised to discuss 'my case' with a supervisor and get back to me 'later today'. Well, it took a couple of days for him to call back, but he DID call, and the news was good! I got my new licence in the mail a couple of weeks later.

So sometimes it's just a matter of persistence and luck in finding someone who is prepared to go the extra mile.

On a different note: you say you called the USCIS. So have I - to find out what might have happened to the receipts our online staus report sayd were mailed to us but which we have not received. However, despite trying various menu options [on 800-375-5283], I never managed to speak to a 'real person'. Would you mind telling me how you managed to speak to someone?

Here is my tale of woe:
http://britishexpats.com/forum/showt...31#post2397531

TIA!
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Old May 18th 2005, 6:56 pm
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Default Re: New rules for drivers' licenses

[QUOTE=DonnaElvira]

Just saw your message - we must have been posting at the same time - snap!

Thanks - will give it a go!
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Old May 18th 2005, 6:57 pm
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Default Re: New rules for drivers' licenses

Originally Posted by DonnaElvira
I recently had problems renewing my license also. Was initially told that my I-94 had been sent to USCIS for 'checking', and that 'nothing could be done' until they had heard back from them :scared: However, I peristed and eventually spoke to someone who was more helpful, who promised to discuss 'my case' with a supervisor and get back to me 'later today'. Well, it took a couple of days for him to call back, but he DID call, and the news was good! I got my new licence in the mail a couple of weeks later.

So sometimes it's just a matter of persistence and luck in finding someone who is prepared to go the extra mile.

On a different note: you say you called the USCIS. So have I - to find out what might have happened to the receipts our online staus report sayd were mailed to us but which we have not received. However, despite trying various menu options [on 800-375-5283], I never managed to speak to a 'real person'. Would you mind telling me how you managed to speak to someone?

Here is my tale of woe:
http://britishexpats.com/forum/showt...<br /> <br />


TIA!
I replied to you a couple of minutes ago.

I am going to start making phone calls right now to someone in authority at the DMV. I have made 3 trips there so I'm not going again until I know for sure that I can get my licence.

Thanks for your quick responses.
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Old May 18th 2005, 7:13 pm
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Default Re: New rules for drivers' licenses

I have just spoken to someone at DMV and told them my situation and that my visa has expired but that I that I am still legally here because it's being processed at the moment. The nasty sod replied "you shouldn't be in the country then and nobody's gonna listen to you if you speak with that accent".
I am now going to try to call another DMV.
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Old May 18th 2005, 7:17 pm
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Default Re: New rules for drivers' licenses

Originally Posted by mandpete
I have just spoken to someone at DMV and told them my situation and that my visa has expired but that I that I am still legally here because it's being processed at the moment. The nasty sod replied "you shouldn't be in the country then and nobody's gonna listen to you if you speak with that accent".
I am now going to try to call another DMV.
sounds like this should be in another thread.
The NJ DMV got to love them Try the one in Mount Holly that's not too far from you.
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Old May 18th 2005, 7:33 pm
  #15  
 
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Angry Re: New rules for drivers' licenses

Originally Posted by mandpete
I have just spoken to someone at DMV and told them my situation and that my visa has expired but that I that I am still legally here because it's being processed at the moment. The nasty sod replied "you shouldn't be in the country then and nobody's gonna listen to you if you speak with that accent".
I am now going to try to call another DMV.
OMG...how rude! (Hey, you should post that comment on the other thread here!)

Try the Regional office in Eatontown...although last time I went I had to take my husband, they at least did seem competent. In fact, I might go this saturday morning with my approval notice with the new I-94 (and hubby) or I'll be up the creek myself in August when I arrive back from Blighty and my husband will be in Sri Lanka.

If necessary, escalate the call by contacting the Congress person who serves your area (even if you can't vote - you may be a voter one day LOL!). Your local town hall should have the relevant numbers.

I would definitely make an official complaint in writing to the DMV Director about that racist comment, making a note of the place, time and date of the phone call. That is totally unacceptable from a public servant.

Let us know how you get on.....
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