Frequently Asked Questions On Virginia's Legal Presence Law

Introduction

Legal presence means that a person is either a U.S. citizen or is legally authorized to be in the United States.

Virginia law requires all applicants for an original Virginia driver's license or for a DMV-issued identification card to show proof of their legal presence.

Persons who are authorized by the federal government to be present in the U.S. temporarily are issued limited duration driver's licenses or identification cards.

The 2003 Virginia General Assembly passed the law that requires applicants for driver's licenses and ID cards provide proof of legal presence. Legislators supported the measure as part of homeland security.

In the past, the sole purpose of a driver's license was to provide proof that a person had the knowledge and skills to safely operate a motor vehicle. Now, driver's licenses and ID cards are widely used to verify a person's identity and often are required for everything from opening a bank account to cashing a check. In essence, driver's licenses and ID cards provide individuals the ability to function in American society.

DMV wants to ensure that the legal presence law is implemented equitably, fairly and in a cost-effective manner. The agency intends to minimize the negative impact that the law may have on customers.

Customers can make their driver's license or ID card transactions a success if they plan ahead and know what to bring to DMV. Come prepared!

Legal Presence Affects Everyone

Legal presence requirements apply to U.S.citizens as well as foreign-born individuals. It affects teenagers applying for their learner's permit or first driver's license. It affects anyone who has just moved to Virginia from another state or country. It affects senior citizens and anyone else applying for an ID card.

Specifically, legal presence affects:

Applicants applying for an original Virginia driver's license.
Anyone who has never held a Virginia driver's license for the first time must show proof of legal presence in the U.S.
Applicants for a DMV-issued identification card.
Anyone applying for a DMV-issued identification card must show proof of legal presence. However, if the customer has permanent status in the U.S. and has once proven legal presence, he will not be required to submit proof of legal presence for subsequent ID card applications, unless the ID card expires or is cancelled. Also a customer who was born in 1937 or earlier will not be required to submit proof of legal presence with an ID card application if he has held a Virginia driver's license or ID card that is either valid or has been expired for 5 or fewer years. Proof of legal presence is required for limited duration customers.
Drivers reinstating their driver's license because of a license suspension, revocation or cancellation. Anyone whose driver's license has been suspended, revoked or cancelled must show proof of legal presence to reinstate driving privileges. Although the driver's license may have been suspended, revoked or cancelled before January 1, 2004, drivers will be
required show proof of legal presence for reinstatement.
Drivers who have allowed their license to expire. Anyone who lets his driver's license expire, even by just one day, must show proof of legal presence to renew, even if legal presence has been proven in the past.

If a driver loses his driver's license, he will not need to prove legal presence as long as he requests a duplicate while his license is still valid, before the license expiration date.

Requirements for Obtaining a License or ID Card

Each time an individual applies for a first-time issue of a Virginia driver's license, until he has been issued a license, he will be required to show proof of the following:

Identity
Legal presence
Virginia residency
Social security number, if the person has one

Each time an individual applies to for a first-time issue of a Virginia ID card, until an ID card is issued, he will be required to show proof of the following:

Identity
Legal presence
Virginia residency
(Proof of social security number is not required for ID cards)

Complete lists of documents accepted for proof of identity, residency and social security number are available on the DMV web site at www.dmvNOW.com.

Legal presence may be proved using documents such as a U.S. birth certificate or U.S. passport. For individuals not U.S. born, legal presence can be proved using a variety of other documents, such as a Certificate of Citizenship or naturalization, Resident Alien Card, or a valid foreign passport with a visa, I-94 or an I-94W with a participating country.

If an applicant meets all of the requirements for a driver's license or ID card, DMV will issue the driver's license or ID card.

For individuals temporarily authorized to be in the U.S., a driver's license or ID card will be valid only for the amount of time that an individual is legally present in the U.S. The expiration date on the driver's license or ID card will be the same as the expiration date shown on the document used to prove legal presence.

Driver's licenses based on temporary lawful status will display an indicator that they are valid for a limited duration.

Individuals required to register with the Virginia State Police Sex Offender and Crimes Against Children registry (Virginia Code Chapter 9 of Title 9.1) will be issued licenses or ID cards valid for five years.

If an applicant is authorized to be in the U.S. for an indefinite period of time, DMV will issue a driver's license or ID card valid for one year.

Even if an individual's stay in the U.S. will be very short, DMV will issue a driver's license or ID card for the amount of time that the individual is authorized to remain in the U.S.

The driver's license will cost $4 per year. A partial year will be rounded to the next full year. So, if the driver's license is issued for less than one year, the cost is $4. An ID card costs $10.

If DMV receives notification from the Bureau of Citizenship and Immigration Services (BCIS), law enforcement or another agency that an individual's authorized stay in the U.S. has been terminated, DMV will cancel the individual's driver's license or ID card. The agency will also place an indicator on the person's record prohibiting renewal of a driver's license or issuance of an ID card. DMV will take these actions only if the USCIS verifies in writing that the person's authorized stay in the U.S. has ended.

DMV'S Commitment

In administering the legal presence law, DMV is committed to the following principles:

Administering the law in an equitable manner with minimal inconvenience to all customers; and
Ensuring that any person who qualifies for a driver's license or ID card receives one in an efficient and cost-effective manner

DMV customers can ensure their success when they visit a DMV office by arriving prepared. All they need to do is make sure that they have the documents necessary to provide identity, Virginia residency, social security number (if required) and legal presence.

All of the information a customer needs to prepare for a DMV visit is available on the DMV web site at www.dmvNOW.com or by calling the agency's toll-free telephone number at 1-866-DMV-LINE.

Keep in mind, anyone who comes to DMV without the required documents will not receive a driver's license or ID card. DMV has no choice. The law clearly states the requirements that must be satisfied to obtain a driver's license or ID card.