OBTAINING FLORIDA DRIVER’S LICENSES



OBTAINING FLORIDA DRIVER’S LICENSES

By Donna Scarlatelli

While driving without a valid driver’s license is not a ground for deportation, it is a sure way to have the Immigration and Customs Enforcement (“ICE”) take a closer look at whether you are legally in the United States. And events can escalate from this initial infraction with detention a serious threat. This is an issue that is of great concern to most foreign nationals in the U.S.. Every immigration attorney understands that clients are motivated to find solutions to their immigration problems by the lack of a current, valid driver’s license.

So what are the rules? The State of Florida Department of Highway Safety and Motor Vehicles (“HSMV”) has been responsive to the needs of the vast immigrant community in Florida. It has a well-developed web site on obtaining driver’s licenses at hsmv.state.fl.us/ddl. There are separate rules for permanent resident immigrants and non-immigrants who are in the U.S. pursuant to a temporary visa, even when that visa status is pending an extension. Basically, if you can prove who you are and that you are here in the U.S. in a legal immigration status, then you are entitled to a temporary driver’s license. Canadian citizens have an extra bit of help. They do not typically receive proof of a valid entry when they cross the border or fly into the U.S.. So the State will give a Canadian citizen a temporary one year driver’s license without any evidence of an extended legal stay in the United States.

The acceptable documents that will allow non-immigrant visa holders to obtain a temporary license are specified at . These include receipts for extensions of benefits. The type of temporary license and the length of duration are specified in these instructions as well. It is a good idea to bring this list with you when applying for a license.

Florida law is clear as to who is permitted a driver’s license. The actual law is Florida Statute Section 322.08 and can be found at Statutes. Nevertheless, Sarasota, Lee and Collier counties often deny driver’s licenses to foreign nationals even though they present the correct documents. These authorities indicate that they rely on local county tax collector rules which are more restrictive. If you encounter problems in any of the HSMV offices, you should contact the state headquarters in Tallahassee and report the problem. Their office has generally been quick to resolve the issue.

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