Individuals who are U.S. citizens may provide one of the following documents, which may require verification by DHS. 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. 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 obtain 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. NOTE: Since Puerto Rican law stipulates that Puerto Rican birth certificates issued before 1 July 2010 are no longer valid, the Department cannot recognize these birth certificates as proof of identity or legal presence. 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. To reduce the risk of identity theft, enhance security, and protect the integrity of the licensing process, individuals must provide a document of the appropriate category to verify their U.S. citizenship or legal residency status. In addition to legal presence, individuals must meet other requirements to obtain a Texas driver`s license or ID card. If you are at the driver`s license office, the licensing specialist will check the duration of legal presence at the U.S. Department of Homeland Security (DHS). A driver`s license or ID card cannot be issued until the period of legal presence has been verified by DHS. If the specialist is unable to immediately verify the information electronically, an additional examination is undertaken and the individual is instructed on how to proceed.
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. 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. NOTE: If you recently applied for the original or renewal of a Texas driver`s license or temporary ID card and your legal presence required additional verification, please visit our license eligibility page to determine if the department has received a response from DHS. Individuals who are U.S. citizens, lawful permanent residents, refugees, or refugee claimants may submit one of the following documents for review by DHS.
(Expired documents may be accepted unless otherwise stated.) Examples showing the residential address used in the application and your name or the name of your parent, guardian or spouse For more information on the different immigration statuses, whether or not each group is eligible for a driver`s licence or identity card, and the specific documents required to apply, see the Legal Presence Verification Guide. NOTE: A brochure containing all of the following documents can be downloaded. 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. Elements must be original documents. Photocopies are not accepted! To determine which documents are accepted to verify citizenship or legal residency status, please check the following categories. All items must be current documents within the last four (4) months. Internal Revenue Service documents must be from the current tax year.
REMEMBER: Make sure the documents you bring include your name and current address. If you bring a registered document that contains your name but not your address, that document will not be accepted. 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. PLEASE NOTE: All documents are subject to verification by the issuing body or source. Documents that need to be verified may delay the issuance of your license, driver`s license, driver`s license, temporary driver`s license or temporary ID. If your employees need a driver`s license – from the driver to the property – they will need to prove their legal presence.