Omar Bennett
When applying for a driver's license or state ID, individuals must prove their legal presence in the country. The documents required to do this vary depending on the state and the type of license or ID being applied for. For example, in California, an expired passport is acceptable when applying for a real estate license, but in Oregon, an expired passport is only acceptable if it expired within the last five years. In Ohio, individuals must show proof of their full legal name, date of birth, Social Security number, and proof of address. In Texas, U.S. citizens can present a valid, unexpired U.S. passport book, original birth certificate, or U.S. Citizenship Certificate. In Virginia, individuals must refer to the Obtaining a Driver's License or Photo ID Card guide to determine which documents are acceptable.
| Characteristics | Values |
|---|---|
| Document name | Birth certificate, passport, driver's license, Social Security card, W-2, pay stub, marriage certificate, tribal ID card, naturalization or citizenship document, Permanent Resident Card, Temporary Resident Identification card, Employment Authorization Document, USCIS document, Limited-Term Texas driver license, photo ID card, U.S. Citizenship Certificate, Certificate of Naturalization |
| Applicant type | U.S. citizen, non-U.S. citizen, U.S. national, lawful permanent resident, refugee, asylee, non-immigrant |
| Document issuer | State Bureau of Vital Statistics or equivalent agency from a U.S. territory, District of Columbia, U.S. Department of State, DHS, USCIS |
| Document validity | Valid, unexpired, expired |
| Applicant information | Full legal name, date of birth, address, Social Security number |
| Applicant location | California, Oregon, Texas, Ohio, Hawaii, Virginia |
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What You'll Learn
U.S. birth certificate or passport
A birth certificate is a legal document issued by a vital records office that includes personally identifiable information, such as name, date and place of birth, sex, and the names of the parents. It is used as proof of identity and establishes eligibility for American citizenship when born in the United States. To obtain a birth certificate, you can contact your birth state or territory's vital records office to inquire about the process, which may include ordering a certified copy online, by mail, or in person. Some states may require additional identification, such as a photo ID, during the application process.
A passport is another form of identification that serves as proof of legal presence. It is required for travel to most countries outside the United States. The process for obtaining a passport may vary, and it is recommended to consider the total time required for processing and mailing when planning travel. In some cases, individuals may need to provide additional documentation, such as a Social Security card, or other proof of identity, along with their passport when applying for certain licenses or benefits.
The requirements for acceptable birth date legal presence documents can vary by state and the type of document or license being applied for. For example, in California, an expired passport may be acceptable for a real estate license application, while Oregon may have specific requirements for the expiration date of a passport when used as proof of legal presence for a driver's license application. It is important to check the specific requirements for the state and document type in question.
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Citizenship document or certificate
Citizenship documents or certificates are crucial for establishing an individual's legal presence and are often required when applying for various licenses or benefits. The specific requirements for acceptable citizenship documentation vary by country and purpose, but here is an overview:
United States
In the United States, individuals can provide a birth certificate to prove citizenship if they were born in the country. Those born abroad to US citizens or who gained citizenship later in life may need a Certificate of Citizenship or a Certificate of Naturalization. These certificates serve as proof of US citizenship for individuals born outside the country. Additionally, a US passport can be used as proof of citizenship and legal presence, although requirements may vary by state.
Other documents that may be accepted as evidence of US citizenship include:
- Consular Report of Birth Abroad (CRBA)
- Naturalization certificate
- Early public and private records (for those without a US birth certificate)
- Evidence of parents' US citizenship, such as their birth certificates
- Evidence of legitimation if parents were not married at the time of birth
- Evidence of adoption and citizenship through adoption
Canada
Canada also requires citizenship documents for various purposes, such as obtaining a Canadian citizenship certificate. Individuals living outside Canada who are unable to provide Canadian identity documents may submit foreign government-issued identity documents equivalent to Canadian ones. If the foreign documents are not in English or French, a translation and affidavit must be included.
It is important to note that birth certificates, Social Insurance Number (SIN) cards, bank cards, credit cards, and previous Canadian citizenship certificates are not accepted as personal identification for the Canadian citizenship certificate application process. Additionally, certain birth and marriage certificates issued in Quebec before January 1, 1994, are not accepted.
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Permanent resident card
A Permanent Resident Card, also known as a Green Card, is issued by the United States Citizenship and Immigration Services (USCIS) to legal permanent residents as proof of their legal status to live and work in the US. Green Cards are typically valid for ten years and must be renewed before expiration.
To obtain a Green Card, individuals can apply through various pathways, including family-based, fiancé-based, work-based, or through the Diversity Visa Lottery. The specific application process and requirements may vary depending on the category and individual circumstances.
Once granted permanent resident status, individuals are required to carry their unexpired Green Card or equivalent documentation with them at all times. Failure to maintain valid documentation can result in fines and other legal consequences.
If a Green Card is lost, stolen, or contains incorrect information, individuals can file Form I-90 to request a replacement. In certain cases, such as when the card contains incorrect information due to a Department of Homeland Security error, the filing fee for Form I-90 may be waived. Additionally, if an individual has never received their Green Card, they may be exempt from paying the filing fee if they meet specific criteria, including not having changed their address.
It is important to note that Green Cards are subject to conditions, and some may be obtained through marriage or financial investment in a US business. To remove these conditions, individuals must file Form I-751 or Form I-829, respectively.
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Social Security number
A Social Security Number (SSN) is a crucial component of proving one's legal presence in the United States. While the specific requirements vary across states, providing one's SSN is generally mandatory when applying for a driver's license or state identification card. For instance, in California, applicants must submit their SSN and a valid birth date and legal presence (BD/LP) document. If the BD/LP document indicates authorisation to work in the US, an SSN is necessary for the application process.
In addition to the SSN, individuals may be required to present their Social Security card or other supplementary documents. For instance, the County of Hawaii mandates that individuals provide their Social Security card alongside other legal presence evidence. Alternatively, some states, such as Hawaii, may accept a W-2 form with the individual's SSN or a pay stub in lieu of the physical card.
For those without a Social Security card, other documents can serve as proof of one's SSN. These include the USCIS-issued Refugee/Asylee ID (I-94) and the USCIS-issued Employment Authorization Card (I-766). It is important to note that certain documents, such as the Employment Authorization Document (I-766), may not be accepted as proof of legal presence for REAL ID credentials in certain states, including Virginia.
To summarise, while the specific requirements for proving one's Social Security number vary across states, individuals must typically provide their SSN, along with supplementary documentation, such as a Social Security card, W-2 form, or pay stub. These requirements are essential when applying for official identification, such as a driver's license or state ID card, and help ensure the security and integrity of the licensing process.
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State-issued driver's license
A state-issued driver's license is one of the most common documents used to establish a person's legal presence and date of birth. This document serves as proof of identity and authorises individuals to drive in their state of residence. Obtaining a driver's license typically requires individuals to present specific documents, complete relevant tests, and adhere to state-specific requirements.
In the United States, the requirements and acceptable documents for obtaining a driver's license vary across states. For instance, in California, the Department of Motor Vehicles (DMV) verifies an applicant's legal presence and birth date information with the United States Citizenship and Immigration Services (USCIS). If the information cannot be verified electronically, a photocopy of the document is sent to the USCIS for secondary verification. Additionally, applicants in California must provide their Social Security Number (SSN) and ensure that the name and birth date on their BD/LP document match the records with the Social Security Administration (SSA).
Texas has similar requirements, where individuals must present documents verifying their U.S. citizenship or lawful presence status. The license and permit specialist at the driver's license office verifies this information with the Department of Homeland Security (DHS). Texas accepts various documents, including a valid, unexpired U.S. passport book or passport card, an original or certified copy of a birth certificate issued by a State Bureau of Vital Statistics, and a U.S. Citizenship Certificate or Certificate of Naturalization with an identifiable photo.
Virginia also has specific requirements for legal presence verification. The Virginia Department of Motor Vehicles (DMV) provides a comprehensive list of acceptable documents for proof of legal presence, identity, residency, and Social Security number. Applicants can refer to the "Obtaining a Driver's License or Photo ID Card" guide or use the Online Legal Presence transaction to certify their birth record and update their legal presence status.
It is important to note that the rules regarding acceptable documents for legal presence and date of birth verification may differ depending on the state and the type of license being applied for. Therefore, individuals should always check the specific requirements for their state when applying for a driver's license or any other license that requires proof of legal presence.
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Frequently asked questions
This depends on the state and the type of document or license you're applying for. Generally, a birth date legal presence document (BD/LP) must include your full legal name, date of birth, and proof of U.S. legal presence. Here are some examples of acceptable documents:
- U.S. birth certificate
- U.S. passport
- Social Security card
- Tribal ID card (for federally recognized tribes)
Non-U.S. citizens may still need to provide proof of legal presence, but the specific requirements vary. For example, immigrants can provide a Permanent Resident Card, while non-immigrants may present a Temporary Resident Identification card.
A complete list of acceptable documents can often be found on your state's Department of Motor Vehicles (DMV) website or similar resources. These lists outline the eligible individuals and their corresponding acceptable documents for proving legal presence.
