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  1. #21
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    Default Re: Driving Licence but No Green Card

    Quote Quoting Mr. Knowitall
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    If you meet the state's residency requirement, which is a different measure from domicile, then you can apply for a driver's license. If you are not a resident of the state, even if you possess documentation that you purport to be proof of residency, then you are not eligible for a driver's license. According to the state BMV you are also expected to turn in your out-of-state license when you obtain a Maine license. The leading issue here is whether the driver presently possesses two driver's license, one from the U.S. and another from a different nation -- because the goal of the law is not to allow somebody to possess two driver's licenses, and most foreign nationals who are visiting the U.S. are going to want to keep the driver's license for their nation of origin.

    Interestingly, though, I did not see anything in the actual state statutes or regulations that requires the surrender of a license when you apply for a Maine license.


    This does;

    3. Issue restrictions. A person may not receive a license unless:
    A. That person surrenders all valid licenses in that person's possession issued by any jurisdiction; and[1993, c. 683, Pt. A, 2 (NEW); 1993, c. 683, Pt. B, 5 (AFF).]

    http://www.mainelegislature.org/legi...-Asec1251.html




  2. #22
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    Default Re: Driving Licence but No Green Card

    Quote Quoting jk
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    im trying to get you to understand that merely owning property in a state does not make you a resident. it can support a claim of being a resident but alone does not make you a resident.
    You have yet to post any authority to support your position. The ME BMV says otherwise. I will just leave it at that.

  3. #23
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    Default Re: Driving Licence but No Green Card

    Quote Quoting budwad
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    You have yet to post any authority to support your position. The ME BMV says otherwise. I will just leave it at that.
    So since I have undeveloped property in Maine although i live in Michigan and work in Indiana, per your interpretation I can obtain a Maine driver's license? Hmm, interesting.

    Here ya go.


    http://www.maine.gov/sos/bmv/forms/r...MVL-17)%20.pdf

    GENERAL INFORMATION FOR PERSONS PREPARING THE AFFIDAVIT OF RESIDENCE IN MAINE:
    Maine law requires a person to be physically residing in Maine in order to be eligible for a Maine driver’s license oridentification card. Residence in Maine may be proven by documents such as tax returns, paystubs, utility, leases,mortgage agreements and other objective documents that show the applicant’s full legal name together with a physicalresidential address in Maine. This affidavit serves as an alternative for those individuals who may not have any of thesuggested documents to prove Maine residency. Affidavits may be completed by employers, landlords, clergy, neighbors,school teachers, co-workers, or any other individual who has personal knowledge of the applicant, and knows that s(he) iscurrently living in Maine. The Bureau of Motor Vehicles may contact you to verify the information you provide in the form.Knowingly providing false information on this form is a Class D crime.



    maine law requires a person be physically residing in Maine in order to be eligible for a Maine driver's license.

    As as I have stated, ownership is one form of support for a claim of residency but in itself, it does now allow one to claim residency in Maine.

    simply owning property is not adequate to establish residency. One must live in Maine to be a resident of Maine. That means when op leaves the state to return to his home country he is no longer a resident of Maine and therefor no longer eligible for a Maine driver's license, even though he continues to own property in Maine.




  4. #24
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    May 2017
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    355

    Default Re: Driving Licence but No Green Card

    Quote Quoting budwad
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    You have yet to post any authority to support your position. The ME BMV says otherwise. I will just leave it at that.
    I believe the point you are missing is that the documents you cite to are evidence of residency, but they do not substitute for factual residency.

  5. #25
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    Nov 2013
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    Default Re: Driving Licence but No Green Card

    Quote Quoting jk
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    So since I have undeveloped property in Maine although i live in Michigan and work in Indiana, per your interpretation I can obtain a Maine driver's license? Hmm, interesting.

    Here ya go.


    http://www.maine.gov/sos/bmv/forms/r...MVL-17)%20.pdf




    maine law requires a person be physically residing in Maine in order to be eligible for a Maine driver's license.

    As as I have stated, ownership is one form of support for a claim of residency but in itself, it does now allow one to claim residency in Maine.

    simply owning property is not adequate to establish residency. One must live in Maine to be a resident of Maine. That means when op leaves the state to return to his home country he is no longer a resident of Maine and therefor no longer eligible for a Maine driver's license, even though he continues to own property in Maine.



    You have stilled failed to show any authority that says how a person must prove residency according to your position. The instructions you posted are for a person that is attesting to the residency of another person who does not have a permanent address in the State of Maine. OP has a permanent address in Maine. In fact, he has two permanent addresses in Maine.


    Affidavits may be submitted if you are unable to provide documents that contain an actual physical address

    A person that can not provide acceptable evidence but resides in Maine or is domiciled in Maine may submit affidavits from 2 individuals who have knowledge of the person and the person's residence or domicile which may include a shelter in Maine.
    http://www.maine.gov/sos/bmv/licenses/residency.html

    Do you see the quote from BMV website makes a distinction between resides and domicile? OP is clearly considered a resident of Maine for the purposes of obtaining a driver's license. OP owns two properties, pays property taxes, likely pays Maine income tax (one property is a rental), has utilities in his name and address, rental contracts in his name, one of the properties is a section 8 tenant (contract with the State), and probably a host of other documentation that he is a resident.

    Quote Quoting asa_jim
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    I believe the point you are missing is that the documents you cite to are evidence of residency, but they do not substitute for factual residency.
    Then post some authority that defines factual residency in the State of Maine.

  6. #26
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    Default Re: Driving Licence but No Green Card

    Quote Quoting jk
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    This does;

    3. Issue restrictions. A person may not receive a license unless:
    A. That person surrenders all valid licenses in that person's possession issued by any jurisdiction; and[1993, c. 683, Pt. A, 2 (NEW); 1993, c. 683, Pt. B, 5 (AFF).]

    http://www.mainelegislature.org/legi...-Asec1251.html
    That would be the safeguard -- you can qualify for a license as a part-time resident, but few are going to want to surrender every other driver's license that they possess (foreign and domestic) as part of that process if they are domiciled in another state or country -- and if they are domiciled elsewhere, odds are that jurisdiction will require that they obtain and maintain a local driver's license on that basis.

  7. #27
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    Default Re: Driving Licence but No Green Card

    Quote Quoting budwad
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    You have stilled failed to show any authority that says how a person must prove residency according to your position. The instructions you posted are for a person that is attesting to the residency of another person who does not have a permanent address in the State of Maine. OP has a permanent address in Maine. In fact, he has two permanent addresses in Maine.




    http://www.maine.gov/sos/bmv/licenses/residency.html

    Do you see the quote from BMV website makes a distinction between resides and domicile? OP is clearly considered a resident of Maine for the purposes of obtaining a driver's license. OP owns two properties, pays property taxes, likely pays Maine income tax (one property is a rental), has utilities in his name and address, rental contracts in his name, one of the properties is a section 8 tenant (contract with the State), and probably a host of other documentation that he is a resident.



    Then post some authority that defines factual residency in the State of Maine.
    you do realize the document listed is from the BMV, right? It clearly states a person must actually reside in Maine to be eligible for a Maine driver's license.


    So, you can ignore what the document I linked stated if you wish. Doesn't make it go away. The party must actually resdide in Maine. Does he reside in Maine? Sometimes and as such should be eligible for a license during that period. When he gives up his residency he no longer qualifies for Maine drivers license no matter how many properties he owns.

    Quote Quoting budwad
    View Post
    You have stilled failed to show any authority that says how a person must prove residency according to your position. The instructions you posted are for a person that is attesting to the residency of another person who does not have a permanent address in the State of Maine. OP has a permanent address in Maine. In fact, he has two permanent addresses in Maine.




    http://www.maine.gov/sos/bmv/licenses/residency.html

    Do you see the quote from BMV website makes a distinction between resides and domicile? OP is clearly considered a resident of Maine for the purposes of obtaining a driver's license. OP owns two properties, pays property taxes, likely pays Maine income tax (one property is a rental), has utilities in his name and address, rental contracts in his name, one of the properties is a section 8 tenant (contract with the State), and probably a host of other documentation that he is a resident.



    Then post some authority that defines factual residency in the State of Maine.
    I did. To start with he must reside in Maine per the document I provided. Why you believe a person that doesn't reside in the state qualifies for a license simply because they own property in the state is really mind boggling. What you are claiming is not proof of residency but supporting evidence of residency. As I stated before, just because I own property in Maine it does not mean I'm a resident. I actually have to live there for some period of time to be considered a resident.

  8. #28
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    Default Re: Driving Licence but No Green Card

    If the issue is, "But somebody could lie about their residency to get a Maine driver's license, and fool the state with documents that appear to support their lie", I don't think that anybody would dispute that possibility. But if they tell the truth when applying, "I'm not a resident and am domiciled out of state", no matter what documentation they provide they won't get a driver's license.

  9. #29
    Join Date
    Nov 2013
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    Default Re: Driving Licence but No Green Card

    Quote Quoting jk
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    you do realize the document listed is from the BMV, right? It clearly states a person must actually reside in Maine to be eligible for a Maine driver's license.
    Here it is in the statute. If you want to interject some other requirement, go ahead. But it is not what the legislature passed. The statute is clear enough and not at all ambiguous. You establish that you are a resident for the purpose of obtaining a license by providing what the statute says you must provide (but not limited to).

    1301. Application

    11. Residency requirement. A license may not be issued to a person unless the person presents acceptable documentary evidence of the person's residence or domicile in this State. The Secretary of State may exempt from the requirements of this subsection a person who has established to the satisfaction of the Secretary of State that the person is on active duty in the United States Armed Forces, the spouse or child of a person on active duty in the United States Armed Forces or a student enrolled in a university, college or school within the State.


    A. Acceptable documentary evidence of a person's residence or domicile in this State must include the applicant's name and the address of the person's residence or domicile in this State. A post office box or other mail drop address is not sufficient. Acceptable documentary evidence includes, but is not limited to:


    (1) A tax return, W-2 form or paycheck stub;


    (2) A utility bill or a letter from a utility company showing application for service;


    (3) A contract to which the applicant is a party; or


    (4) A document issued by a governmental entity.
    [2007, c. 659, 1 (NEW).]
    Where does it say you must go beyond what the statute says to prove you are a resident for the purpose of obtaining a Maine license?

  10. #30
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    Default Re: Driving Licence but No Green Card

    Quote Quoting budwad
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    Here it is in the statute. If you want to interject some other requirement, go ahead. But it is not what the legislature passed. The statute is clear enough and not at all ambiguous. You establish that you are a resident for the purpose of obtaining a license by providing what the statute says you must provide (but not limited to).



    Where does it say you must go beyond what the statute says to prove you are a resident for the purpose of obtaining a Maine license?
    i guess mr Webster and the definition of reside and residence. Ya see, even with all the ballyhooing you ignore the fact the items listed support a claim of residency. They do not establish residency.

    The statute says evidence, not proof.

    As I said before, I can get all of those items with a Maine address on them. It still does not make me a Maine resident. Residing in the state makes me a resident. Those items are supporting evidence of my claim I am a resident, not the other way around.

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