Learning to drive in visa limbo
October 10, 2021 10:36 AM   Subscribe

I moved from the UK to southern California earlier this year. I need to learn to drive! Unfortunately, I'm just in the process of switching my visa to a new category. That's projected to take anywhere from six months to a year. My understanding is that I can't currently get a learner's permit, because I need a federal ID to do so, and I can't get a federal ID while in visa limbo. Is my understanding right? Is there any way I can get a learner's permit?

Just to clarify, for the minute, all the documentation I have is my passport, my old, expired visa, and my receipt from USCIS. Note that this is a question about learning to drive, rather than converting an existing license.

Thanks so much!
posted by ectopus to Travel & Transportation (6 answers total)
 
You have a federal id, your passport. Is that not in your possession? When you get a license, that will be a state ID, not federal. (Perhaps I am missing more to this though)
posted by raccoon409 at 10:52 AM on October 10, 2021


Have you called the DMV and asked? If they’re not helpful, do you have an immigration attorney helping you? Either of these will be a better source of information.

I’m assuming you have a UK passport, not a US passport. If that is unexpired, it should serve as proof of identity. The DMV website says you need an I-94, but it doesn’t say you need a current visa. You may also need a social security number. But really, ask your local DMV, your attorney, or maybe an immigration forum.
posted by expialidocious at 11:07 AM on October 10, 2021 [1 favorite]


UK citizen in California here. If you remember what paperwork was like in the UK 30 years ago you're going to do fine here! Welcome.

Without more details about your visa status and the "receipt" (?) you have from USCIS it's impossible to give a specific answer here about what you need.

But the short answer is yes. If you are legally in the US then you are entitled to a learner's permit. For that matter, if you are "illegally" in the US and inside the state of California you are probably entitled to one.

The set of approved documents is here (note in particular this list).

The USCIS doesn't really do "receipts" but the paperwork you have from them probably has a number at the top indicating what kind of document it is (I'm guessing it's a "I-797"?). See if that is mentioned in the list. Or look up your I-94 if you have one.
posted by caek at 11:08 AM on October 10, 2021 [4 favorites]


What caek said! You do not need a federal ID to get a license in California. You just need one of the documents on the first list to prove identity, and one of the documents on the second list to prove identity.

You won’t be able to get one of the enhanced-security “Real ID” licenses, but you don’t need one anyway.
posted by mekily at 1:11 PM on October 10, 2021


Response by poster: Thanks so much, everyone! Just to clarify, I'm transferring from a J1 to an O3 using form I-539, and the receipt I mentioned is an I-797C. I have my I-94 from when I entered earlier in the year; the 'Admit Until Date' on that is 'D/S'. Thanks for all your help, and I'm excited to hear that the situation might be better than I expected!
posted by ectopus at 2:08 PM on October 10, 2021


I was once turned away from the DMV (in Illinois) because I had less than six months left on my visa at the time. No idea why, hopefully CA is better for you!
posted by Jobst at 4:35 AM on October 11, 2021


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