In July 2009, Immigration & Customs Enforcement (ICE)
published a Fact Sheet in order to provide F, M or J nonimmigrants and their respective school/program officials with
basic information on obtaining a driver’s license or state identification
(ID) card. The document is not intended to be a comprehensive guide to the driver’s license or state ID application process, but rather a starting point. As each state has its
own requirements and processes, nonimmigrants should read the
regulations, policies and other applicable information of the state
where they reside.
Below is list of websites for state department of motor vehicles (DMV) offices:
Alabama http://www.dps.state.al.us/
Alaska http://www.state.ak.us/local/akpages/ADMIN/dmv/
Arizona http://www.azdot.gov/mvd/index.asp
Arkansas http://www.arkansas.gov/dfa/driver_services/ds_license.html
California http://www.dmv.ca.gov/
Colorado http://www.revenue.state.co.us/mv_dir/home.asp
Connecticut http://www.ct.gov/dmv/site/default.asp
Delaware http://www.dmv.de.gov/
Florida http://www.flhsmv.gov/
Georgia http://www.dds.ga.gov/
Guam https://www.guamtax.com/about/mvd.html
Hawaii http://www.co.honolulu.hi.us/csd/
Idaho http://itd.idaho.gov/dmv/driverservices/ds.htm
Illinois http://www.sos.state.il.us/services/services_motorists.html
Indiana http://www.in.gov/bmv/
Iowa http://www.dot.state.ia.us/mvd/index.htm
Kansas http://www.ksrevenue.org/vehicle.htm
Kentucky http://www.kytc.ky.gov/drlic/
Louisiana http://omv.dps.state.la.us/
Maine
http://www.maine.gov/sos/bmv/licenses/getlicense.html
Maryland http://www.mva.state.md.us/
Massachusetts http://www.mass.gov/rmv/
Michigan http://www.michigan.gov/sos/0,1607,7-127-1627---,00.html
Minnesota http://www.dps.state.mn.us/dvs/index.html
Mississippi http://www.dps.state.ms.us/dps/dps.nsf/divpages/hp2dlinfo?OpenDocument
Missouri http://dor.mo.gov/mvdl/
Montana http://doj.mt.gov/driving/default.asp
Nebraska http://www.dmv.state.ne.us/
Nevada http://www.dmvnv.com/nvdl.htm
New Hampshire http://www.nh.gov/safety/divisions/dmv/
New Jersey http://www.state.nj.us/mvc/
New Mexico http://www.idnm.us/idnm/index.html
New York http://www.nydmv.state.ny.us/
North Carolina http://www.ncdot.org/DMV/
North Dakota http://www.dot.nd.gov/
Ohio http://www.bmv.ohio.gov/
Oklahoma http://www.dps.state.ok.us/dls/
Oregon http://www.oregon.gov/ODOT/DMV/
Pennsylvania http://www.dmv.state.pa.us/centers/licenseIDCenter.shtml
Rhode Island http://www.dmv.state.ri.us/
South Carolina http://www.scdmvonline.com/DMVNew/default.aspx
South Dakota http://www.state.sd.us/dps/dl/
Tennessee http://www.state.tn.us/safety/
Texas http://www.txdps.state.tx.us/administration/driver_licensing_control/dlindex.htm
Utah http://publicsafety.utah.gov/dld/
Vermont http://www.aot.state.vt.us/dmv/dmvhp.htm
Virginia http://www.dmv.state.va.us/
Washington http://www.dol.wa.gov/
Washington, DC http://dmv.dc.gov/main.shtm
West Virginia http://www.wvdot.com/6_MOTORISTS/DMV/6g1_licenses.htm
Wisconsin http://www.dot.state.wi.us/drivers/index.htm
Wyoming http://www.dot.state.wy.us/
Who is eligible for a driver’s license or ID card?
Any F, M or J nonimmigrant may apply for a driver’s license or ID as long as s/he is in lawful status and presents the necessary supporting documents required to verify legal presence in
the United States.
What should an F, M or J nonimmigrant do before applying for a state driver’s license or ID card?
A nonimmigrant
student or exchange visitor should:
-Read the
appropriate state requirements.
-Contact their
designated school official (DSO) or responsible officer (RO) as applicable. The
DSO or RO can provide guidance and advise the nonimmigrant as to the DMV's expectations as well as explain the general process for obtaining a driver’s license or ID card.
-Wait at least 10
calendar days from the date of entry into the U.S. before applying
for a driver’s license or ID card.
What can DSOs and ROs do to help?
A
number of states use the Systematic Alien Verification for Entitlements (SAVE) program to
determine nonimmigrant eligibility for many public benefits, including obtaining
a driver’s license. Current arrival information,
taken from the Form I-94, Arrival/Departure Record, is essential to this verification process and it takes time for information to be
distributed from the port-of-entry information system to SAVE.
Encourage students to wait a minimum of 10 days from the date of entry
into the United States before applying for a driver’s license. Most states require a nonimmigrant to have a Social Security number (SSN) or Social Security Administration (SSA) letter of ineligibility prior to applying for a driver’s license or ID. Check your state’s requirements and, if necessary, ensure the nonimmigrant receives the appropriate documentation prior to going to DMV. Several states require that a nonimmigrant have at least 6 months left on the Form I-20,
Certificate of Eligibility for Nonimmigrant (F-1 Student Status – For Academic
and Language
Students, or Form DS-2019, Certificate of Eligibility for Exchange Visitor(J-1) Status, to be
eligible for a driver’s license. Be sure the nonimmigrant’s information is entered correctly in the Student and Exchange Visitor Information System (SEVIS), including nonimmigrant status, name and date of birth
(DOB), before sending the nonimmigrant to the DMV office. The nonimmigrant’s name must match on all supporting documentation.
The DMV will deny any nonimmigrant’s application if the supporting
documents are inconsistent or do not reflect the proper name, DOB
and nonimmigrant status. Review all supporting documents before the
nonimmigrant applies.
The nonimmigrant’s
SEVIS information must be Active before applying.
What documentation must a nonimmigrant present to the
DMV?
In general, the nonimmigrant should
present:
Passport
Form I-94
Form
I-20
Form I-766, Employment Authorization
Document (EAD), if applicable
Form I-797, Notice of Approval, if applicable
Social Security number or Social Security Administration letter of ineligibility.
Please see
the Social Security Administration
Web site at http://www.ssa.gov/pubs/10096.html
for more information.
The Student and Exchange Visitor Program (SEVP) also recommends that the nonimmigrant
student or exchange visitor refer to the DMV Web site or contact the DMV office
with questions
about required documentation.
Does a nonimmigrant need an SSN
to apply for a driver’s license or ID?
No.
A nonimmigrant does not need an SSN; however, the nonimmigrant will need to apply for a
social security number. Follow the instructions on how to apply for a social security card as
described on the SSA Web site at http://www.ssa.gov/pubs/10096.html#3.
If the nonimmigrant is
ineligible for an
SSN, he or she will receive a decision letter stating that ineligibility. The
nonimmigrant must present this SSA letter when applying at the DMV office to fulfill the SSA
requirement.
What should a nonimmigrant do if there is an error on the passport?
The nonimmigrant should consult his or her embassy to find out how to correct,
update or renew
the passport. Most embassies have
a website with information for its citizens.
What should a nonimmigrant do if his or her name on the passport does not match
the name on the Form I-20 or Form DS-2019?
The nonimmigrant should consult with the DSO to correct the Form I-20 or with the RO to change the Form DS-2019 to reflect the name on the passport prior to applying for a driver’s license or state ID card. When a DSO creates the Form
I-20 or an RO creates the Form DS-2019, s/he should enter the
name in SEVIS exactly as it appears on the nonimmigrant’s passport or
national identification card. If no passport is available, use the name contained on the national identification card. If the nonimmigrant has
only one name, it must be used as the last name. Use the letters FNU
(First Name Unknown) in the First Name field. Nonimmigrants with one name should be aware that some government officials are not familiar with the FNU acronym
and may look for the nonimmigrant to show that his or her first
name is FNU. The nonimmigrant should be able to explain the
acronym if it is causing validation problems with any government process. Spacing is as important as spelling
and must be consistent. For instance, systems will not
read Mc Millan and McMillan as the same name. Hyphens
must NOT be used.
Consistency with capitalization is helpful, but not critical. Name entries must be in English and must use standard United States
characters. Letters like
ñ, é, ü, ç are not recognized by U.S. data systems. Enter names like Muñoz and Sémonin as Munoz and Semonin. Do not change spellings to reflect sounds of the language of origin. F/M/J nonimmigrants must be consistent
in how they enter last, first and middle names. For example:
some Hispanic nonimmigrants use their mother’s maiden name as part of their name. Sometimes it is given as a middle name and other times as part of a hyphenated last name. Either usage is acceptable. However, one version must be used consistently and no hyphen must be used when two last names are used. If a nonimmigrant has a number of government records where the spelling of the name is inconsistent, government officials are likely to interpret the errors as a deliberate attempt at misrepresentation.
What
should a nonimmigrant do if a DMV office denies his/her application for a
driver’s license because of a discrepancy on the Form I-94? How can I-94 data be
corrected?
U.S. Customs and Border Protection (CBP) reviews requests for corrections and, if appropriate,
issues the necessary documents to remedy errors made on the Form I-94 at the time
of entry into the United States relating to: Improper nonimmigrant classification; Inaccurate biographical information; Incorrect period of
admission.
Any designated deferred inspection location
or CBP office located within an international airport
can
assist, regardless of where the actual document was issued. See the CBP Web site at
http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/ for details. In particular, review the
frequently asked questions segment titled, FAQs on the
Arrival-Departure Record (I-94 Form) & Crewman
Landing Permit (I-95 Form).
What should a nonimmigrant do if a DMV office denies issuing a driver’s
license
because his/her Form I-20 is not stamped?
There is no federal requirement that a nonimmigrant student
maintain a stamped Form I-20. It is
common
for a student to have a current Form I-20 that does not contain a stamp. For example: a
nonimmigrant student who has transferred between SEVP-certified schools will not
have a
stamped Form I-20 that contains current
school/program information. While there is no requirement that a nonimmigrant
student maintain a stamped Form I-20, SEVP recommends that all nonimmigrants
have their most recently stamped Form I-20 available, as well as their
transfer documentation, to prove status while in the United States.
Can a nonimmigrant apply for a driver's license if his or her Form I-20 has expired?
Yes. However, the nonimmigrant
should consult with the DMV office and DSO before applying
for a driver’s license. The DMV requires a nonimmigrant to present supporting documentation,
such as an EAD, validating the duration of stay in the country.
All documents should reflect the
nonimmigrant's
program start date and end date in the United States or practical training period.
What documents should a student on the cap-gap extension present to verify
legal
presence?
A student on the cap-gap extension should present an updated Form I-20 that shows
the extension of stay. If eligible for the cap-gap extension, a student’s
SEVIS record should be updated with the extension (either through
an interface with a U.S. Citizenship and Immigration Services (USCIS) database
or by a DSO) when a cap-subject H-1B petition is filed on the nonimmigrant student’s behalf. Once SEVIS is updated, the DSO can print the updated Form I-20 and provide it to the nonimmigrant. If the nonimmigrant has received an extension of F-1 status and OPT, the updated Form I-20 should contain the following
language on page 3:
“F-1 status and employment
authorization for this student have been automatically extended to
[extension end date]. The student is authorized to remain in the United States and continue employment with an expired employment authorization document. This is pursuant to 8 CFR 214.2(f)(5)(iv) and 8 CFR 274a.12(b)(6)(iv), as updated April 8, 2008, in a rule published in the Federal Register (73 FR 18944). Additional information about the automatic extension can be found on the Student and Exchange Visitor Program website at www.ice.gov/sevis.”
Alternatively, if the
nonimmigrant has received an extension of F-1 status only (no OPT), the
updated Form I-20 should contain the following language on page 3: “F-1 status for this student has been automatically extended to [extension end date]. The student is authorized to remain in the United States. This is pursuant to 8 CFR
214.2(f)(5)(iv) and 8 CFR 274a.12(b)(6)(iv), as updated April 8, 2008,
in a rule published in the Federal Register (73 FR 18944). Additional
information about the automatic extension can be found on the Student
and Exchange Visitor Program Web site at www.ice.gov/sevis.” The DMV will use the information on page 3 to validate the student’s duration of status through the end of the cap-gap extension. When the student receives the approval notice for the H1-B petition, he or she should return to the DMV to present the Form I-797, Notice of Approval,
and request that the DMV extend the driver’s
license expiration date for a period of one year. The student must return to the DMV every year to extend his or her license for the period of stay in the United States, unless otherwise stated by the DMV office.
What are the requirements
for an accompanying spouse and/or dependent?
The
accompanying spouse and/or dependent applying for a driver’s license or state ID should
present supporting documentation from the principal nonimmigrant (F-1, M-1 or J-1)
to reflect
the duration of status, as well as their
own. The DMV will look for consistency between the
spouse/dependent duration of status and that of the primary visa holder. It is advisable (and, in
some states, required) that the principal nonimmigrant accompany
his or her spouse and/or
dependent applying for
a driver’s license and present supporting documentation to validate the
duration of status. The DSO should ensure that the principal nonimmigrant’s documents, as well
as those of the spouse and/or dependent, reflect the appropriate
duration of status, including
practical training
or cap-gap extension.
What are the information requirements for problem resolution requests?
If a nonimmigrant applies for a driver’s license or ID
and the issuing DMV is unable to issue it,
the
DSO or RO should e-mail SEVP for assistance at sevis.source@dhs.gov. In the e-mail’s
subject line write the following: DMV Issue – (Name of the state). Also provide
the following
information:
1. Applicant’s name; 2. Nonimmigrant’s Form I-94 admission number (11 digits) or alien registration number (9 digits); 3. SEVIS number; 4. Date of birth; 5. Address of the DMV office where the
person experienced the problem, and a receipt number (if available);
6. Date the applicant visited the DMV office; 7. Contact address and phone number or e-mail address for the applicant (in case the DMV office needs to contact the person); 8. Explanation of the
problem
Once SEVP receives the e-mail, a representative
will review the case and enter the student’s
SEVIS
ID number into SEVIS. Based on the information in SEVIS, the representative may
contact the DSO directly and explain why the student cannot receive a driver’s license or state
identification card. In all other cases, the SEVP representative
will send an e-mail to the
appropriate DMV state
representative and request the case be reviewed.
Contact Information Should a nonimmigrant, DSO or RO have further questions, please contact SEVP at sevis.source@dhs.gov and/or the USCIS Verification Program at save.help@dhs.gov. For questions about a specific state’s policy, please contact that state.
