Driver License Issue for F1 student

[skc40]

My wife is having issues with getting Driver's License from TX and we are so frustrated. Can anyone please advise.

 

--My wife finished associates degree, worked on OPT and OPT expired on 6/18/2013. Before OPT expired, she transferred to the University. Her I20 start date was 8/22/2013. On around 6/22/2013, we went to the TX DPS office to get her license. The agent said, he could not pull her records on the system and suggested this might be because the I20 start date is in the future and that we need to come on or after 8/22/2013. We called the university and the university said the information is up-to-date and they could not find any missing information.

 

Next time, 2nd week of July, we went to different TX DPS office, because DPS agent working in Virginia told us that the date on I20 does not matter, until and unless you have a valid I20, DPS office would require us to provide a license. But, on the second visit at different DPS office, the agent said the same thing--he isn't able to pull records for my wife. So he sent a letter to DPS-Austin to verify my information. After about 2-3 weeks, Austin sent us a letter saying they were unable to pull my records as well and suggested us to visit USCIS office, which we did. Visited USCIS field office, but the agent at USCIS said they could not use I20 to pull my wife's records so they asked us to contact either university or go to DPS office again. We did this--contacted school and went to DPS office again. At DPS office, we talked with the supervisor, but she could not be of any help either. Same old story.

 

So, we decided to wait until 8/23 to visit DPS office-- we did that. On 8/23, we went to the DPS office--the agent said the same thing, they could not pull my records and suggested us to contact the designated school. The school reviewed my records and said that information weren't updated because the school hasn't started yet :(. School Advisor suggested to visit the DPS office on either 8/27 or 8/28 because the system may take about a day or two to update. We then went to the DPS office today--but the DPS agent says the same thing-- can't find records, contact school. Contacted school, however, they say that the information has been updated. 

 

I know this is a long post, but this is so frustrating on our end. Yes, school is to blame, but the system is to blame as well. 

 

Any help is much appreciated. Could anyone advise me a lawyer here in DFW area that deals with above issues? 

[catx]

I completely understand your frustration with the Texas DPS. My son had a similar problem earlier this year. (It is also worth noting as background that my family and I have been living in Texas for over 12 years, during which time I have maintained valid work visas and my family has had valid dependent visas. Last year my son turned 21 so we had to switch him to a F1 student visa so he could continue university.)

 

My son graduated in May with his Bachelors of Science degree and had his OPT. However, he changed his plans and decided to go directly onto graduate school to do his Master's degree at another Texas university, and the program provided a research assistantship starting full time over the summer. Because of his F1 visa his Texas driver’s license expired in May (coincident with his graduation), but he had not yet received his OPT approval and EAD. When he went down to the DPS office, after waiting in line, they could not process his renewal because he did not have his EAD, but they did give him a 60 day extension on his license for USCIS processing. He then received his OPT approval and EAD, and also got a new I-20 for his Master’s degree. However, because of some misinformation from the university between starting his research assistantship in May and starting classes at the end of August they issued him another (2nd) I-20 for the fall. When he went back to the DPS office to renew his driver’s license based on this new I-20, after waiting in line (again), he was told that there they could not find the I-20 in their system so no renewal. After making numerous calls to the university international students office, DPS in Austin, etc. we found out that his latest I-20 for the end of August was listed as pending and would not be activated until he was registered and attended international student orientation the week before classes. After more and more calls, finally to my state senator, we were able to get his status fixed based on his OPT EAD and he was able to renew his driver’s license until next May. He has now started classes and received another (3rd) I-20 for the now activated status, and he will be able to go to the DPS office at some time over the next 9 months to renew his driver’s license again, this time valid until he finish his degree.

The issues you are experiencing (as with my son) are twofold. One, an I-20 issued for the fall will be listed as pending until near the start of school, and Texas does not recognize the pending status, and two, the Texas DPS started using the SAVE system in October 2012 to check / verify immigration status in the Department of Homeland Security database(s). The SAVE system does not list pending I-20s (going back to the first issue), there is a lag of 3-5 business days between changes in your status and it showing up in the SAVE system, and there can also be other problems with the information in the SAVE system.

 

The problems you experienced are unfortunately not that uncommon and also plague those with pending I-485 adjustment of status applications and other visa extensions, such as H1B / H4 -- which will affect my wife and I later this month. If you look on the Texas DPS web site there is information on the steps to take if your status is not correct in the SAVE system.

[skc40]

@catx, does you son go to ***************?

 

Apparently, in our case, the university was at fault :(. After repeated visit, the supervisor, being extremely helpful, expedited the request and contacted higher-ups and she found that new SEVIS was issued under my wife's name. Upon inquiring this with the university, they realized that new SEVIS was issued and told us that they'll have to contact SEVIS dept. to cancel the new request and update existing SEVIS record. This alone took about 10 days or so. Today, she went to the DPS office and got her license. 

 

We found the hard way that when SEVIS is transferred to the new school and once the I20 is issued by the new school, we (students) should not have any issues receiving DL(even though the I20 start date is in the future), but stupid schools want to play us around.

 

Due to this, my wife was out of license for more than 4 months. It's such a pain and I wish, nobody has to go through this. 

If you did, first please contact the DSO-- they will be the ones messing things up and they will need to correct it. 

[catx]

Due to this, my wife was out of license for more than 4 months. It's such a pain and I wish, nobody has to go through this.

If you did, first please contact the DSO -- they will be the ones messing things up and they will need to correct it.

 

In my son's case, the university was the source of the problem, but it was a combination of factors. It was between starting his graduate assistantship and research in May and not starting classes (registered) until the end of August. The school should have left him on his OPT for the summer and then did the SEVIS transfer and I-20 at the end of August, then there would have been no problems. In fact, that is what ended up happening after the school straightened out their mess. Further, the DSO we were dealing with was new. She is no longer doing that job and my son is working with another person who seems much better. However, the university was not the only point of failure, there are other problems with the Texas DPS procedures and their use of the SAVE system.

 

Another example, my wife and I had our H-1B / H-4 visa extension petitions filed as soon as possible, 6 months in advance in April, and they are still in "initial review". Since the Texas DPS / SAVE system does not recognize the 240 day period of authorized stay for visa extension processing beyond the expiry date, we cannot currently renew our driver's licenses. My only recourse / option is to change to premium processing. In other words, our driver's license renewals are going to effectively cost over $1200. Even my employer's immigration lawyer says it is shameful practices, and feels like government extortion.

[skc40]

Totally agree. The system is at fault too.

 

I have had similar experience, however, this caused me extra visits to DPS office. and extra $25 for renewal. 

 

In my son's case, the university was the source of the problem, but it was a combination of factors. It was between starting his graduate assistantship and research in May and not starting classes (registered) until the end of August. The school should have left him on his OPT for the summer and then did the SEVIS transfer and I-20 at the end of August, then there would have been no problems. In fact, that is what ended up happening after the school straightened out their mess. Further, the DSO we were dealing with was new. She is no longer doing that job and my son is working with another person who seems much better. However, the university was not the only point of failure, there are other problems with the Texas DPS procedures and their use of the SAVE system.

Totally screwed, funny thing is employees working at international office does not know the policies and procedures for dealing with F1 student issues and then we have to suffer. Once transferred to the new school and old school releasing SEVIS records to the new school, the new school should update the SEVIS status of the students, otherwise--student seems out of status on the system because they will not be able to find them. What if immigration official raids and asks for documentation--we provide but they fail to validate the documents. Worst case scenario, we will be deported--because of the stupid problem at DSO office. 

[catx]

Totally agree. The system is at fault too.

 

I have had similar experience, however, this caused me extra visits to DPS office. and extra $25 for renewal. 

 

Totally screwed, funny thing is employees working at international office does not know the policies and procedures for dealing with F1 student issues and then we have to suffer. Once transferred to the new school and old school releasing SEVIS records to the new school, the new school should update the SEVIS status of the students, otherwise--student seems out of status on the system because they will not be able to find them. What if immigration official raids and asks for documentation--we provide but they fail to validate the documents. Worst case scenario, we will be deported--because of the stupid problem at DSO office. 

 

We had the multiple trips to the DPS office, waiting in line a couple hours only to be told sorry, nothing can be done, you are not in the system.

 

We were never worried about having and maintaining valid immigration status, and always had documentation such as a current I-20.  If it was not for the driver's license expiry and renewal issue and hassles, the SEVIS transfer, student status, active I-20 would have not been as big a problem.

 

The whole driver's license expiry and renewal situation for legal immigrants has me furious.  First, the problems for my son, and now my wife and I with our H visa extension petitions not processed after almost 6 months.  I have pointed out to my state Senator how can it be fair, just, reasonable, etc. that I have had a Texas driver's license for 17 years, clean driving record, paid all my taxes in the U.S. and Texas for 17 years, have maintained legal immigration status, and now find that I cannot renew my driver's license.  Cannot get to work, get to the store to buy groceries, cannot get to the DPS office when I can renew my driver's license -- oh well too bad.  The policy implemented with the SAVE system in October 2012 is a complete travesty.  It basically says foreigner -- not welcome -- do not trust -- must be here to break the law -- wear a red arm band to be identified as a second class person.