So it seems you were able to get deferred action based on the case. Did you file a marriage petition? How did you enter the United States? You need to have had a legal entry or benefit from INA 245(i) to be eligible for adjustment of status most of the time. And it is true that unless you are an arriving alien, USCIS do not have jurisdiction on your case. Also your I-485 if eligible, should be filed with the court or have your attorney terminate the removal proceedings and file the I-485. And unfortunately without the I-485, you will not get an EAD and therefore no drivers license. It is actually hard for us to assess without more information. Feel free to call us at 510 7425887 for more information.

Shah, I came to usa on H1b Visa, and I got differed action in removal proceedings, After that I married US citizen and filed for marriage petition. Still waiting for the termination of removal proceedings.

Then the judge will actually be the one with whom to file the I-485 and hopefully the hearing comes soon and you should be able to get your greencard

Thanks Shah, You are providing wonderful service to needy people.. I appreciate it once again

You are welcome. Please keep posting your questions!

i know that in certain states they will actually give you a DL based the pending AOS

I went and showed all my documents, I130 , I485 documents everything, they don't even want to look at it.
They only concerned about EAD card. But I will go and request them again, One more last try...

Thanks

Anything new on your case, did you get the DL? If yes, let us know.

Shah, I went to DMV, They advised me to wait till I get EAD or Greencard, As they can't do anything as if now.
my master hearing is on Oct 13, and my removal proceedings also not yet terminated. We requested them to terminate it 2 months back...

As your attorney to call the government attorney and check if they did not oppose the motion. See if they will get you a prosecutorial discretion termination.

OK, I will Do. Thanks for your feedback

needs help

I I am in the same situation too. I filed I 130, I 485 and I 786 at the same time.in 2008. I received my EAD few months after. in 2010 my I 130 was denied and few months later they denied my I 485 too. after that they sent me nta. within 30 after we received the denial of i130, we appealed it to BIA and later on was approved after 3 master hearings later. I told this to the immigration judge and she scheduled me for an individual hearing. so what happened to my I 485 now? can I renew my EAD?my I 485 was denied due to the denial of my I 130 that's what it said to the reason of denial..and also on my last hearing the immigration judge told me to just update my medical exam and I 864 for the next hearing... so I guess I am on my way to adjusting my status.. I just badly needed to renew my EAD.. is it possible?

I 130 Approved in waiting for Removal proceedings termination with IJudge

I'm also in the same situation, My I 130 got approved long time back and I had a date on Oct 7th, but due the Fed Government shutdown, I couldn't able to submit my I 140 with Immigration Judge, my EAD expired and also driving license as well.
I have to pay child support every month. I don't know what do to now?
I'm waiting for the new hearing date to scheduled. Please advise what happens if they catch you on expired driving license ?

Getting workpermit in removal proceedings in family based greencard

Dear friends,
i'm the author of this thread and i'm back with some good news. I have struggled lot because of my weird situation and i hope the information which i'm providing will be useful to other fellows who are on the same boat.

My attorney applied for i130, i485,1765 one time with uscis, which was administratively closed because i have a pending case in the immigration court. So i was refereed to go to immigration court to get my pending deportation case closed. Due to that my workpermit also got rejected. I have contacted so many lawyers and got information.

The procedure i followed to get my work authorization:

1. I contacted different lawyer and got insight that i have to refile i485 and approved i 130 with immigration court along with new medicals, 2 photos, i have to pay fees again.
2. Once i submitted everything with immigration court. You will get receipt from immigration court that i485 is filled with court.
3. You need to submit work authorization with uscis based on that receipt.
4. You will be called for biometrics and i got my work permit with in 3 months.

I have waited in usa for 2 years without any valid employment authorization card. With out any driver's license, without any valid identification.

I have used my expired driving license, expired work permit till i get my new once. I have no choice as i have to pay mandatory child support. But now after spending so much monies and time, finally i got work authorization.