Submitted by blusterfind t3_115ymbq in boston

Hi everyone,

We are planning to apply for road test in few weeks in RMV, but not sure about one criteria about lawful presence test required.

  1. we are living in massachusetts for way over 18 months on valid visa
  2. Have learning permit from RMV
  3. Visa expiring within 4 months
  4. extension filing is still in process

Will there be issue with lawful presence test if my extension is not approved but current visa is valid for few months by the time i give road test and pay for driving license?

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Really need this bit resolved so that i could plan my driving road test accordingly, need to get it done as soon as possible to become independent (moving to suburbs soon). Any comment on experience in this situation would help.

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werther57 t1_j948td6 wrote

To get a license you need to have valid immigration status for 12 more months and a visa stamp that's valid for 12 more months. So you need to wait for your extension to be granted and get a new visa stamp (this still has to be done abroad) before you are eligible. You can also wait until July 1st. I'm sorry for the bad news :(

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indian_in_usa t1_j97yq61 wrote

You will issued license but only till remaining time left on your visa I.e. till I-94 expiry date.

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blusterfind OP t1_j97yz7p wrote

If this is possible, that should not be a problem because getting DL renewed is easier than getting first time DL. So if I am understanding it correct, my Visa expires by June end, if I take road test in a month, by march end I would be able to get the DL till June end and then just need to go and renew it once I get extension approval?

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werther57 t1_j98q04w wrote

The RMV turned a friend of mine away because he had less than 12 months left, but now that I'm looking into it I'm starting to think you'll get a license till June. The 12 months should be measured from the start of your stay, not from when you apply for a license. Take a printout of this with you:

> the applicant must provide acceptable documentation demonstrating that his or her current authorized stay in the United States is for a period of at least 12 months. The period of at least 12 months shall be measured from the beginning of the applicant's current authorized stay, or from the beginning of the applicant's prior authorized stay if it immediately precedes the current authorized stay without interruption, whichever is earlier.

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