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Immigration, Identification

Miami, FL |

I came here on my visitor visa I had a Jamaican drivers license, Which is about to expired in a month, I always use it for my identification but since it's about to expire, I'm gonna be without Identification.... My sister is planning on filing for me in September since she's going to be a US citizen but I'm wondering when The case is process and they give us a day can I acquire identification from the state i'm in????

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Attorney answers 5


Your sister is not considered an immediate relative for immigration purposes. This means that an immigrant visa will not be immediately available to you. You will not be able to get a driver license until your priority date becomes current which could be years.
Because you entered the US legally you can adjust through an immediate relative - spouse son or daughter - USC without having to leave the USA.


Sir or Ma'am, you are here on a visitor's visa and if you wish to remain past the expiration date, I highly recommend you file to extend your visitor's visa. You can hopefully obtain an additional 6 months. Beyond that, even if your sister files a relative petition on your behalf, her petition will Not allow you to remain in the U.S. legally nor will you be able to obtain a license in the majority of the states. The reason is that your sister's case is subject to a priority date system, and USCIS is currently accepting green card applications for cases like yours that were filed about 8 to 10 years ago. You should consult with a local immigration lawyer to see if you have any immediate relief for your situation.

Lena Korial-Yonan, Esq.


Hello. The Florida DMV will not give you a DL based upon a petition for which the priority date is not current. YOu will not be able to file for adjustment of status until the Immigrant Visa becomes available.


The petition your sister will file for you will take many years before you can apply for permanent residency. You will have trouble getting a new driver license.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


Unfortunately, your sister filing a Family 4th Visa Petition, on your behalf, does not in and of itself, give you the right to reside, in the US nor get an ID from the state you reside in. It can take over 10 years, after your sister files for you until you will be eligible to receive an Immigrant Visa. At this time, the law will require you to return to your home country to interview at the American Embassy in your home country.

This does not even cover most of the issues you will encounter. Please consult with a lawyer for all the details.

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