Can Undocumented Immigrants Obtain a Driver’s License in the U.S.?
Angelica Rice • May 20, 2022
Click here to read this article in Spanish
Many undocumented immigrants, or immigrants without status, wonder if they are able to get a United States driver’s license. Some states allow for this, while many states still do not, so whether or not you are able to get a driver's license without evidence of status depends on where you live. See below a brief guide to obtaining a non-immigrant driver’s license in the United States.
California is one of the few states that allows non-immigrants who are California residents, but who do not have status, to obtain a driver’s license. In California, this kind of license is called an AB-60 driver’s license. Under AB 60 (Chapter 524: Statutes of 2013), DMV issues a DL to applicants who are unable to provide proof of legal presence in the U.S., but can:
- Meet all other requirements to get a license.
- Provide satisfactory proof of identity and California residency.
Documents that a person applying for an AB-60 driver’s license must submit to the DMV include:
- Proof of identity, such as previously issued driver’s license or foreign passport OR two (2) of the following documents:
a. Foreign identification card and/or passport*;
b. School document that includes the person's date of birth;
c. Copies of any applications filed with USCIS or official USCIS Notices;
d. Federal Income tax return;
e. Marriage license and/or divorce decree
f. Birth certificate;
* Whether or not you can simply present your passport or need to present your passport and consular identification/national identification card, varies depending on what country you are from. For instance, Mexicans and Brazilians applying for an AB-60 driver’s license need to provide both their consular identification card and their passport in order to meet this requirement. As stated below, please consult the individual states DMV webpage to determine exactly what documents you will need and if there are any special requirements based on your country of citizenship.
For help with this, use this link: https://www.dmv.ca.gov/portal/assembly-bill-ab-60-wizard/
AND
- Proof of California Residency, which includes:
a. Lease agreement;
b. Deed or title to property;
c. Utility bills;
d. School documents;
e. Medical documents;
f. Employment documents;
g. Insurance documents;
h. IRS documents (i.e. Federal Income tax return);
i. Vehicle registration;
j. Bank statements.
See the California DMV webpage for additional details and a complete list of the documents needed to obtain this type of license, https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/assembly-bill-ab-60-driver-licenses/
Not all states allow an undocumented immigrant or person in the United States without status, to obtain a driver’s license. Some of the states that DO allow people who do not have proof of legal presence in the United States to obtain driver’s licenses include California, Colorado, Illinois, Hawaii, Delaware, Washington, New Mexico, Connecticut, Maryland, Nevada, Vermont, and Washington D.C. Additionally, different states offer different types of driving privileges. Some states only offer a restricted license, some states offer short term licenses only good for one (1) year, and some states allow non-immigrants to have a license that can also be used as a form of ID. Which one is available to you, depends again on the state in which you live. Every state has different requirements for obtaining a driver’s license, please consult the individual DMV webpages of each state in order to determine what documents you need to obtain a non-immigrant driver’s license and/or determine if your state offers such a driver’s license.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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