The easiest way to prove your legal presence is to use a birth certificate issued by a U.S. government — city, county, state, or property like Puerto Rico or the Virgin Islands. If you were born a citizen but were born abroad, you can provide a U.S. birth certificate abroad or a birth report from a U.S. citizen abroad. The birth document must be the original or a certified true copy. Photocopies are not enough. To obtain a federally compliant driver`s license or “REAL ID” card, you will need documents proving U.S. citizenship or legal presence under federal law. Legal residency means that a person is legally living in the United States under federal immigration laws. The Department of Motor Vehicles (DMV) may issue an applicant with a driver`s license (DL) or identification card (ID) that provides satisfactory evidence that the applicant`s presence in the United States is authorized by federal law. There are many ways to prove that an applicant is legally resident in the United States. If the applicant was born in the United States, they can provide a birth certificate or a U.S.

passport. An applicant who is an immigrant to the United States may provide a naturalization or citizenship document for U.S. citizens or a permanent resident card. Applicants who are not immigrants but are eligible to reside in the United States may provide a temporary resident permit or other temporary resident permit. You will need to provide a document with your name and date of birth proving your legal presence in the United States at a DMV office when you apply for your first DL/ID ID. DMV calls this document your BD/LP document. In addition to proof of residency, you will not be able to obtain or renew a driver`s license or driver`s license unless you provide valid, acceptable proof of legal presence in the United States. DMV will send you your DL/Photo ID card once all tests and requirements have been completed and USCIS has verified your legal presence status. The items listed below are required to prove legal presence and/or length of stay in the United States, which will determine the expiration date of the issued DL/ID REAL ID. In many cases, you`ll need to provide a Social Security number with your birth certificate or green card. For example, Hawaii County requires that you bring your Social Security card with your other documents when you provide your legal proof of attendance. Some states may accept a W-2 with your Social Security number or pay stub if you don`t have the card yourself.

In all cases, you have received a document with your name and date of birth proving your legal presence in the United States. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS), indicates how long the holder can legally reside in the United States. In other words, it establishes that a person is legally living in the United States under federal immigration laws. Whenever you apply for official identification documents, such as a driver`s license or ID card, you will be asked to prove your legal presence, as required by federal law. A U.S. passport is additional proof of legal presence. The rules here vary depending on the condition and type of document or license you`re applying for, so check what type of legal presence document you need. In California, for example, an expired passport is accepted when someone applies for a real estate license. Now you don`t have to prove legal presence at all, reports the California Department of Real Estate. In Oregon, a person applying for a driver`s license cannot use a passport that expired more than five years ago as proof of legal presence. If secondary validation of the BD/LP document is required, DMV issues you with a temporary DL after passing all required tests.

If the verification takes more than 75 days, DMV will send you a letter informing you of what is required to complete the verification process and how to complete your application. Even if you were not born in America, you can prove your legal presence by proving that you have been approved for permanent residency. A green card – also known as a foreigner registration receipt card – will do. The same applies to a certificate of naturalization or a certificate of citizenship. Providing the appropriate documents showing that you have been granted asylum or refugee status is also in accordance with the law. Even if the government tries to deport you, you can prove your legal presence with court documents showing that the deportation has been stayed. If your employees need a driver`s license – from the driver to the property – they will need to prove their legal presence. Under a 1996 law, illegal immigrants are not entitled to public benefits. The definition of “public services” is broad and includes elements such as professional and professional licences, as well as driver`s licences.

The exact documentation required varies by state. For a complete list of eligible documents for date of birth and legal presence (BD/LP), see www.dmv.ca.gov. Passports from Puerto Rico, Guam and other U.S. possessions are also acceptable. Oregon also allows tribal identification if the tribe is recognized by the state and resides in the state. A driver`s license and DC REAL ID card are valid for U.S. citizens up to 8 years. The validity period may vary for non-U.S. citizens depending on visa classification and length of stay.

Therefore, immigration documents must be resubmitted upon renewal for non-U.S. citizens. If you receive REAL ID credentials with a modified expiration date of less than 8 years, the credentials will be marked as temporary. Documents altered, falsified, torn, laminated, deleted, blank, etc. are not originals and will not be accepted by DC DMV. The following information helps explain the BD/LP process. You can start your DL card/ID application if you have an SSN and your BD/LP document expires more than 30 days after the date of your application. However, if your BD/LP document expires less than 60 days after the date of application, DMV allows you to take all tests, but you will not receive your DL/Photo ID until you submit a valid BD/LP document for 60 days or more from the day you requested your DL/ID ID. DHS: Department of Homeland Security – works with federal, state, and local governments to coordinate the organization of multiple agencies and programs into one integrated agency focused on protecting the American people and their homeland.

Names change. Your name may have changed from your birth certificate or driver`s license because you got married, divorced, or just didn`t like the name you had before. Usually, you will need to provide additional documents showing that you are still the same person. In Hawaii, for example, a marriage certificate stating that you were Joan Smith before you became Joan Johnson is acceptable. Citizens – Learn more about acceptable documents for U.S. citizens/naturalized citizens. When you initiate your DL/ID card application, DMV electronically validates the information in your BD/LP document using USCIS. If your BD/LP document cannot be verified electronically, DMV will photocopy the document and send it to USCIS for review (secondary verification). If you are a DL or ID applicant for the first time and your BD/LP document expires in: Home → Motor Vehicles → Driver`s License and Identification Documents → Legal presence SSA: Social Security Administration – Federal agency responsible for issuing SSN and SSN cards.