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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.
The U.S. Constitution protects all immigrants, including undocumented immigrants while participating in protests in the U.S. Here is a list of some of the rights covered in the U.S. constitution to consider when you are participating in protests: Right to free speech. The First Amendment prohibits the government from restricting your right to free speech. People have the right to participate in protests, marches, and demonstrations. Right to be free from retaliation. The First Amendment prohibits the government from retaliating against you for exercising your rights such as your right to free speech. Right to remain silent. The Fifth Amendment protects you from self-incrimination and provides the right to remain silent. Right against unreasonable search and seizure. The Fourth Amendment protects you against unreasonable searches and seizures. Right to speak to a lawyer. If you are arrested or detained, you have the right to speak to a lawyer. Keep in mind, if you are undocumented and you are participating in protests, you are at higher risk of being detained by immigration officials if they are present at the protest. If you are undocumented make sure you have a plan in place if you are arrested or detained by law enforcement or immigration officials. It is important to take precautions and if you are arrested or detained you should contact an attorney immediately. If you have questions, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.
The latest policy alert, PA-2024-05, issued by the U.S. Citizenship and Immigration Services (USCIS) on March 21, 2024, brings revisions to the USCIS Policy Manual, specifically focusing on expediting requests. These updates aim to simplify and elucidate the process for applicants, particularly those facing emergencies or urgent humanitarian needs. The primary goal is to make it easier for applicants to understand how to request expedited processing for their various submissions, including applications, petitions, appeals, or motions, especially in cases concerning government interests or urgent situations. While USCIS has historically permitted immigration benefit seekers to request expedited application processing in specific circumstances, the process has frequently been perceived as unclear, with decisions made arbitrarily on a case-by-case basis. The recent update seeks to rectify this by providing clarity and uniformity to the process and establishing explicit criteria and documentation standards. In order to request expedited processing, applicants need to adhere to a more defined procedure. This involves submitting thorough documentation and illustrating the urgency or government relevance of their case. The recent update also explains how USCIS reviews these requests, offering applicants a better grasp of the process. The update introduces special measures for speeding up the processing of Form I-131 (Application for Travel Document) in emergency situations. This acknowledges the urgent need for certain applicants to travel. The policy also acknowledges that expedited requests may be evaluated if there is evident USCIS error, aiming to uphold fairness and accountability within the processing system. These changes aim to make the expedited request process more transparent and understandable for applicants and their representatives. In summary, USCIS's revision regarding expedited requests signifies a notable advancement in rendering the immigration process more transparent and attentive to applicants' requirements. By comprehending these updated guidelines, applicants and their representatives can more effectively navigate the expedited request procedure, ensuring that urgent cases receive due consideration. If you believe you qualify for expedited processing under the recent USCIS policy updates, feel free to contact our office, and we will be more than happy to assist you. FONT : https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5
As of April 1, 2024, USCIS has instituted an inflation adjustment to immigration application filing fees . These fee increases apply to a majority of the different application types, including family-based, non-immigrant, and immigrant petitions. As a part of these fee increases, USCIS has also instituted a new program designed to provide funding to the United States’ Asylum Program, in order to better address the massive backlog of pending asylum claims currently waiting to be adjudicated. Unfortunately, these changes have led to confusion among petitioners for when they are required to pay the Asylum Program Fee, and when they may qualify for a 50% or complete exemption from the fee. The Asylum Program Fee is required to be submitted by employers in all I-129 and I-140 petitions filed on or after April 1, 2024. The Asylum Program Fee is $600, however, certain exemptions apply . Small employers , defined as having 25 or fewer total employees, qualify for a reduction of the Asylum Program Fee, but are still required to submit a reduced fee of $300. Individual petitioners, or self-petitions, such as in the case of an EB-2 National Interest Waiver, are considered small employers for the purpose of the Asylum Program Fee and are also required to submit the reduced $300 fee. Non-profit organizations are exempted from the Asylum Program fee and are not required to submit any additional funds with the ordinary I-129 or I-140 filing fee. In addition, non-profits qualify for a 50% reduction of the ordinary filing fee in certain types of applications, bringing the overall filing fee burden down substantially for non-profit organizations. With these changes to USCIS’ filing fee schedule, USCIS is hoping for significant improvements to efficiency and processing for pending asylum applicants. If you or your petitioning organization need any assistance in preparing an application for an immigration benefit, including ensuring proper compliance with the new fee requirements, our office is ready and waiting to help!