What constitutes one as permanent legal resident in the US?

LUCKY
New Member


A Canadian in America

Joined: 08 Jun 2008
Posts: 5
Location: New York, NY

Posted: Mon Jun 23, 2008 11:25 am

 

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I have my O-1 Visa (good for three years) and I intend on living in the USA indefinitely. I've already lived here for 3 years on a Student Visa, and now I am thinking of applying for a State Driver's License (since I don't have any government issued Photo I.D.). So, would I be considered a permanent U.S. resident? What would my technical status be?

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1011
Location: Calgary

Posted: Mon Jun 23, 2008 8:06 pm

 

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Permanent resident means exactly that, you have adjusted status to permanent resident using an I-485 (after having your immigration petition approved). O-1 is dual status so your employer would have had to sponsor you for permanent residence.

Under the Real ID Act, there is a compliance regime States have to use when it comes to issuing ID. Unfortunately they are not very imaginative in their interpretation of the rules, so they tend to only issue DLs to aliens for as long as their I-94 is valid.

The snag of course is that your visa might be valid for longer than your I-94 is under certain circumstances, plus certain entry categories don't get an I-94 if you're a Canadian citizen (and the State never bothered to realise that).

AFAIK, only New Mexico and Florida don't do it this way. In those States you just show them your Canadian passport.
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Steve.

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LUCKY
New Member


A Canadian in America

Joined: 08 Jun 2008
Posts: 5
Location: New York, NY

Posted: Mon Jun 23, 2008 10:30 pm

 

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Thanks again, Steve, for all your help and wealth of info! That really helps a lot.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1126
Location: North Carolina

Posted: Tue Jun 24, 2008 3:12 am

 

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You'd only be considered a legal permanent resident after you have completed the adjustment of status and received a "green card".

You don't get any additional immigration status just be getting a state driving license. Resident status for state purposes and for federal immigration purposes are completely different.
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LUCKY
New Member


A Canadian in America

Joined: 08 Jun 2008
Posts: 5
Location: New York, NY

Posted: Tue Jun 24, 2008 8:09 pm

 

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Gotcha. Thanks!

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voyager6868
CanuckAbroad Regular



Joined: 13 Apr 2008
Posts: 50
Location: Waterloo

Posted: Sat Jun 28, 2008 5:35 pm

 

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A bit off topic, but Washington State doesn't require an I-94 to get a driver's license. You don't even need a passport if you have a foreign driver's license (you do need a bit extra proof in terms of other documents, though).

I'm not sure if Washington state bases the length of your license on your I-94. If so, I won't be using my passport as identification when I'm applying.

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