Q: Options to update immigration status and risks of applying for AB60 license as a Visa Waiver overstay.

A: Given your situation as a European national who entered on a Visa Waiver and overstayed by more than a year, your options for adjusting immigration status are unfortunately limited. Marriage to a U.S. citizen remains the most straightforward route because the Visa Waiver Program restricts your ability to adjust status or extend your stay once you've overstayed. Other options, like employment-based petitions or other family-based petitions, would typically require a lawful entry and maintained status, which complicates your scenario.

Applying for an AB60 license in California is permitted regardless of immigration status, and California law explicitly protects applicants' personal information from federal immigration authorities. In practice, the risk of being flagged by ICE solely due to applying for an AB60 license is extremely low, since the state DMV does not proactively share your details. However, if you have outstanding warrants, prior immigration violations beyond overstaying, or criminal records (which you've indicated you don't), then the risk could be slightly higher.

Ultimately, the AB60 license offers significant practical benefits, including safe driving privileges and valid identification within California. The likelihood of being targeted by immigration enforcement due to the AB60 process alone remains minimal. However, since your immigration situation is sensitive, it's important to carefully weigh the comfort of holding a valid driver's license against any residual anxiety about potential immigration exposure.