29-250-15 Me. Code R. § 6

Current through 2024-44, October 30, 2024
Section 250-15-6 - Expiration of driver's license or nondriver identification card
A. United States citizens. A United States citizen whether by birth or naturalization shall be issued a full term driver's license or nondriver identification card.
B. Noncitizens with permanent legal presence. A noncitizen who has permanent or unlimited duration legal presence as evidenced by any document listed in Section 5.A of this chapter, shall be issued a full term driver's license or nondriver identification card.
C. Limited term noncitizens.
1. Noncitizens with nonimmigrant visa status: Minimum period of admission required.

A driver's license or identification card may not be issued to a noncitizen with nonimmigrant visa status if the document listed in Section 5. B.4 through 5. B.6, shows that the authorized period of admission, plus any applicable grace period under federal immigration laws for the relevant nonimmigrant visa category, will expire fewer than 120 days from the date the person applies for a driver's license or nondriver identification card. This restriction shall not apply to a noncitizen in nonimmigrant visa status who:

a. is requesting a duplicate of a previously issued and unexpired credential;
b. is requesting an additional endorsement added to a previously issued and unexpired credential;
c. provides evidence of a petition or application to extend, change or adjust immigration status currently pending with immigration authorities; or
d. provides other evidence of the ability to remain in the U.S. beyond the date of the nonimmigrant period of admission.
2. Noncitizens with nonimmigrant visa status: Defined period of admission.

In the case of a noncitizen with nonimmigrant visa status specifying a defined period of admission as evidenced by a document listed in Section 5.B.4 through 5.B.6, a driver's license or nondriver identification card must expire on the date specified on the immigration document plus any applicable grace period under federal immigration laws, or the date specified in 29-A MRSA § 1406, whichever is earlier. This subsection shall not apply to a noncitizen with nonimmigrant visa status who provides evidence of an application to extend, change or adjust immigration status currently pending with immigration authorities or provides other evidence of the ability to remain in the U.S. beyond the date of the nonimmigrant period of admission, whose application shall be processed as described at Section 6. C.4.

3. Noncitizens with nonimmigrant visa status: Undefined period of admission.

If the authorized period of admission is "duration of status" (D/S) for a holder of any F, J, or M nonimmigrant visa status, any driver's license or nondriver identification card expires four years from the date of issuance, or on the date of expiration of their program, including any extensions as indicated on their I-20 or DS-2019 forms or on successor documentation, if that date is earlier.

4. Noncitizens with currently pending petitions, applications or cases.

If the document presented indicates that the noncitizen has a petition, application, or case currently pending before immigration authorities, including any review by the appropriate bodies with appellate jurisdiction, that has no defined duration limit, any driver's license or nondriver identification card expires two years from the date of issuance.

5. Noncitizens with specified interim action dates.

If a noncitizen presents a document from immigration authorities or other evidence of an interim action date, including but not limited to an employment authorization document with an expiration date, evidence of Temporary Protected Status, Deferred Action status or other humanitarian status with an expiration date, a date to check in with immigration authorities, a parole expiration date, or other evidence of a specified interim date, any driver's license or nondriver identification card expires on the same date as the interim date. In the case of a court hearing date, a credential may be issued for an additional period beyond the date of the hearing, not to exceed ten days, to allow the noncitizen to travel to and return from a court hearing occurring at a location outside of Maine.

NOTES

1 Individuals born in Puerto Rico on or after January 13, 1941 are U.S. citizens at birth. Those born in Puerto Rico between April 11, 1899 and January 13, 1941 who were subject to U.S. jurisdiction and resided in Puerto Rico or any other U.S. territory also became U.S. citizens effective January 13, 1941. 8 USC § 1402.

2 Individuals born in the U.S. Virgin Islands on or after February 25, 1927 are U.S. citizens at birth. Most individuals born in the U.S. Virgin Islands after January 17, 1917 and before February 25, 1927 became U.S. citizens on February 25, 1927. 8 USC § 1406.

3 All persons born in Guam on or after April 11, 1899 are U.S. citizens at birth, unless those born in Guam between April 11, 1899 and August 1, 1950 took affirmative steps to preserve or acquire another nationality. 8 USC § 1407.

4 Individuals born in the Commonwealth of the Northern Mariana Islands (CNMI) at or after 11:00 a.m. (Saipan time) on January 9, 1978 are U.S. citizens at birth. Individuals who didn't otherwise have U.S. citizenship but were domiciled in the CNMI prior to certain dates may also have become U.S. citizens. See https://fam.state.gov/FAM/08FAM/08FAM030202.html and https://www.uscis.gov/policy-manual/volume-12-part-a-chapter-2.

5 Individuals born in the U.S. outlying possession of American Samoa and Swains Island after February 16,1900 or after March 4, 1925 respectively to parents who are not U.S. citizens are U.S. nationals at birth. 8 USC § 1408.

29-250 C.M.R. ch. 15, § 6