Law Offices of Mark Shmueli
NEW Maryland Driver’s Licenses for certain IMMIGRANTS
Q. What is the new Maryland driver’s license law?
A. Effective January 1st, 2014, the Maryland Motor Vehicle Administration (MVA) will implement a new process for immigrants who present foreign identification documentation and no accompanying United States Citizenship and Immigration Services (USCIS) documentation to obtain a driver’s license, learner’s permit, moped permit, or non-driver identification card. Immigrants applying for their first Maryland federally Non-Compliant DL/ID under this new process are required to make an appointment online. Appointments will begin January 2nd, 2014.
Q. What is the difference between a traditional license and the new “federally Non-Compliant” license?
A. Traditional: Federally Compliant Maryland DL/ID - A DL/ID that is acceptable by federal agencies for certain official purposes.
Requirements:
1. Proof of Age and Identity
2. Proof of Lawful Immigration Status
3. Proof of Social Security Number or ineligibility for a Social Security Number
4. Proof of Maryland Residency
New, federally Non-Compliant license: This will be a DL/ID for immigrants who are only able to present foreign identification documents. These DL/IDs will not be accepted by federal agencies and may not be used to purchase firearms.
Requirements:
1. Proof of Age and Identity
2. Proof of Maryland Income tax filing for preceding 2 years
3. Proof of Maryland Residency
4. An appointment is required
Q. What are the limitations on the new, federally Non-Compliant licenses?
A. Those with Federally Non-Compliant DL/ID’s:
• May find it harder to access commercial aircraft flights and enter federal buildings using only their Maryland DL/ID;
• May be required to produce additional identity documents; and
• Will not be able to use Federally Non-Compliant DL/ID to purchase firearms.
Q. What can I do now to get ready for when the new law takes effect on January 1, 2014?
A. Individuals who are interested in applying for a federally Non-Compliant license or ID should begin taking the following steps in preparation for the new law:
1. Apply for an individual tax ID number through the Internal Revenue Service (at the link found below),
;
2. File Maryland income taxes for the last 2 years and obtain a certification letter from the Comptroller’s Office of Maryland. (Everyone applying for a new, federally Non-Compliant license or ID must have obtained proof from the Comptroller’s Office of Maryland of income tax filings in order to schedule an appointment with the MVA.) A link to the Comptroller’s website is found below:
3. Apply for and obtain identity documents such as a valid, current foreign passport. A list of accepted identity documents are as follows:
• An unexpired foreign passport without current valid USCIS documentation
• Unexpired consular ID (Consular ID’s are only accepted from the following countries: Mexico, Guatemala, Ecuador)
• If you do not have an unexpired foreign passport or unexpired consular ID, you must present 2 identity documents from the following list:
o Foreign birth certificate;
o National identification or voter card displaying applicant’s photo, name and date of birth;
o Foreign driver’s license;
o US State driver’s license;
o US State identification card;
o US Military identification card;
o US Military dependent identification card;
o Certified school records, DL-300; or
o I-766 employment authorization document.
4. Obtain two proofs of residency, such as copies of a residential lease agreements, utility bills, bank statements, etc.; and
5. Study the Maryland Driver’s Manual and take the online driver test tutorial to prepare for the knowledge test.
Customers may now also begin using the online document guide () to start the process for scheduling their appointment.
Q. What are the fees?
A. Standard fees for a DL/ID will apply.
For more information on fees please visit the following website:
Q. What if I have a license or ID and I want to renew it?
A. For a Federally Compliant DL/ID:
• If you have already provided a verified social security number (SSN) to the MVA, no additional documentation will be needed to renew your DL/ID.
• If you have not provided the MVA with a verified social security number, you must:
o Bring documentation of your SSN to the MVA in order to renew.
o If you are not eligible for a SSN, you must provide:
▪ A letter of ineligibility for a SSN; AND
▪ Current/valid USCIS issued documentation verifiable through the Department of Homeland Security.
For a Federally Non-Compliant DL/ID:
• If you held a valid Maryland driver's license prior to April 19, 2009, you do not have a social security number, AND your license has not been expired for more than 1 year, you will be able to renew without additional documentation or proof of Maryland tax filing and no appointment will be required.
For additional information on renewals please refer to the chart at the link found below:
Q. What do I do to show my age if I do not have a passport or birth certificate:
This is a question which is still unresolved. While the USCIS or an immigration judge might accept alternative evidence to demonstrate birth such as a baptismal certificate or even sworn statements of those with direct knowledge of the birth, the MVA has stated that it does not have the ability to make those determinations and will likely need a birth certificate.
Q. Where can I go for more information?
A. For additional information, please visit:
Information available in Spanish:
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