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  #1 (permalink)  
Old 10-03-2012, 12:00 PM
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May-03
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Default Temporary visitor status on my wife's license.

Hi all,

I applied for Adjustment of Status under EB3 2003 category(India) in July 2007.As you all know that it's taking for ever especially for some countries like India.

Unfortunately,NY DMV keeps the temporary visitor status on the driver licenses and it's illegal to drive with an expiry date eventhough the license is valid.I get mine renewed every 2 years after getting my EAD renewed.

But,in my wife's case she is a house wife and don't apply for an EAD except the initial one that came after I-485 application in 2007.Then onwards,I am finding difficulty with extending her dates on the license.In between in 2009,she got one year extension based on the I-94 status after she came back from India.

I went to DMV last week and they took couple of hours to talk with Albany state department and said that they can't help.

She has her AP every year and the only document with a future date on it.The DMV says they can't use the AP date as the date on the driver license.I took an Infopass appointment and spoke with the Immigration officer.He too couldn't help me and said that the only way is to get her EAD and get the extension which doesn't make any sense as she is not working.And an other option is to leave the country and enter again to get the I-94 stamp on the AP.This involves Canadian stamping and so forth.

I know many of you might be in a similar situation if you are based out of NY state.Please advice with your suggestions and answers to this long lasting problem from 2007.

Regards,
Srinivas.
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  #2 (permalink)  
Old 10-03-2012, 02:27 PM
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Quote:
Originally Posted by 493I21716 View Post
Hi all,

I applied for Adjustment of Status under EB3 2003 category(India) in July 2007.As you all know that it's taking for ever especially for some countries like India.

Unfortunately,NY DMV keeps the temporary visitor status on the driver licenses and it's illegal to drive with an expiry date eventhough the license is valid.I get mine renewed every 2 years after getting my EAD renewed.

But,in my wife's case she is a house wife and don't apply for an EAD except the initial one that came after I-485 application in 2007.Then onwards,I am finding difficulty with extending her dates on the license.In between in 2009,she got one year extension based on the I-94 status after she came back from India.

I went to DMV last week and they took couple of hours to talk with Albany state department and said that they can't help.

She has her AP every year and the only document with a future date on it.The DMV says they can't use the AP date as the date on the driver license.I took an Infopass appointment and spoke with the Immigration officer.He too couldn't help me and said that the only way is to get her EAD and get the extension which doesn't make any sense as she is not working.And an other option is to leave the country and enter again to get the I-94 stamp on the AP.This involves Canadian stamping and so forth.

I know many of you might be in a similar situation if you are based out of NY state.Please advice with your suggestions and answers to this long lasting problem from 2007.

Regards,
Srinivas.
Apply for EAD. It is $380, worth for 2 years driving (BEST)

If "getting Canadian visa, leaving the country, entering for a driver license < 12 months" is less than $380, have fun every year.
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  #3 (permalink)  
Old 12-07-2012, 08:08 PM
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visagm is on a distinguished road
Default

Quote:
Originally Posted by 493I21716 View Post
Hi all,

I applied for Adjustment of Status under EB3 2003 category(India) in July 2007.As you all know that it's taking for ever especially for some countries like India.

Unfortunately,NY DMV keeps the temporary visitor status on the driver licenses and it's illegal to drive with an expiry date eventhough the license is valid.I get mine renewed every 2 years after getting my EAD renewed.

But,in my wife's case she is a house wife and don't apply for an EAD except the initial one that came after I-485 application in 2007.Then onwards,I am finding difficulty with extending her dates on the license.In between in 2009,she got one year extension based on the I-94 status after she came back from India.

I went to DMV last week and they took couple of hours to talk with Albany state department and said that they can't help.

She has her AP every year and the only document with a future date on it.The DMV says they can't use the AP date as the date on the driver license.I took an Infopass appointment and spoke with the Immigration officer.He too couldn't help me and said that the only way is to get her EAD and get the extension which doesn't make any sense as she is not working.And an other option is to leave the country and enter again to get the I-94 stamp on the AP.This involves Canadian stamping and so forth.

I know many of you might be in a similar situation if you are based out of NY state.Please advice with your suggestions and answers to this long lasting problem from 2007.

Regards,
Srinivas.
Hi,
What option did you choose? Is EAD required for the dependents to get a DL extension?
Thanks
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  #4 (permalink)  
Old 12-08-2012, 09:25 AM
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If she is legally present in the US and can prove the date till which she is legally allowed to stay, she should be able to get drivers license based on that. Normally, one would use I94 date as the basis for this - i'm not sure why her I94 doesnt have a future date that cannot be used? (as far as i know, you cannot stay in the US longer than I94 date - and one of the ways to extend i94 date without leaving country is to extend the I797 (h1b) for example, as the I797 form comes with a new I94 attached)
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  #5 (permalink)  
Old 12-22-2012, 12:12 PM
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It is not true that it is illegal to drive once the "temp. visitor exp." date has been reached but while the New York DL itself is still valid. The temp. visitor exp. date is meaningless as far as driving privileges are concerned and was merely intended to signal to authorities that after this date, the DL cannot be relied on to verify your immigration status.
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