W. Va. Code R. § 91-4-12

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 91-4-12 - Proof Of Legal Presence In The United States

12.1. The Division shall not issue a driver's license or identification card to a person who is not a citizen of the United States, who does not submit proof satisfactory to the Division that the applicant's presence in the United States is authorized under federal law and who cannot show that he or she is a resident of West Virginia.

12.2. Acceptable documents to establish United States citizenship are:

12.2.a. An original or certified birth certificate;

12.2.b. A United States passport or passport card, currently valid or expired less than 2 years, only on a not for federal use driver's license and a not for federal use identification card;

12.2.c. A Certificate of Naturalization Form N-570;

12.2.d. A Certificate of Citizenship Form N-560, N-561, N-565; or

12.2.e. A Temporary Resident Card N-688, N-688a, or N-688b.

12.3. The Division at its discretion may accept another document which establishes a place of birth in the United States or its territories or which indicates United States citizenship.

12.4. The following subdivisions describing categories of persons who are not citizens of the United States, prescribe the documents required to establish that an applicant is authorized under federal law to be in the United States and who is eligible to receive a driver's license if he or she has complied with all other requirements of West Virginia law and this rule.

12.4.a. Immigrants. Immigrants shall provide the following documents:

1. The applicant's social security number as evidenced by the applicant's social security card. If an applicant is not eligible to receive a social security number, the applicant shall provide a statement of ineligibility for a social security number in accordance with section 3 of this rule;

2. Two forms showing West Virginia residency as identified in section 10 of this rule; and

3. One of the following documents or similar successor documents:

A. A Form I-551 Alien Registration Receipt Card;

B. A valid Temporary I -551 stamp in Foreign Passport (with English translation) or on INS Form I-94; or,

C. Valid re-entry permit Form I-327.

D. The Division may at its discretion accept other INS or USCIS documentation that establishes the applicant's legal presence.

12.4.b. Non-immigrants. Non-immigrants are persons granted temporary entry into the United States. Applicants who are Non-Immigrants, granted temporary entry into the United States shall provide:

1. The applicant's social security number as evidenced by the applicant' s social security card. If an applicant is not eligible to receive a social security number, the applicant shall present written documentation from the Social Security Administration that he or she is not eligible for a number;

2. Two documents showing West Virginia residency as identified in section 10 of this rule;

3. A valid foreign passport;

4. A form I-94;

5. A visa issued by the United States if applicant is from a nation whose citizens are required by the United States to obtain a visa; and

6. All original documents to verify status and length of authorized stay.

A. If applicant's status is F-1 or F-2, a form I-20 and written verification of attendance at the school listed on form I-20 is also required:

B. If the applicant' s status is H1-A, H1-B, or H-3, written verification from employer is also required.

C. If the applicant's status is J-1, or J-2, a form DS 2019 and written verification of attendance at the school listed on form DS 2019 is also required;

12.4.c. Refugee. An applicant who is a refugee with a sponsoring organization shall provide:

1. The applicant's social security number as evidenced by the applicant' s social security card. If an applicant is not eligible to receive a social security number, the applicant shall present written documentation from the Social Security Administration that he or she is not eligible for a number;

2. One form showing West Virginia residency as identified in section 10 of this rule;

3. Form I-94 showing grant of refugee status;

4. A Reception and Placement Program Assurance Form; and

5. Written verification of identity and West Virginia residency presented by an employee of a sponsoring organization approved by the United States Department of State to resettle refugees in West Virginia.

12.4.d. Applicants who are refugees who do not have an approved sponsoring organization or an asylee shall provide the following:

1. The applicant's social security number as evidenced by the applicant' s social security card. If an applicant is not eligible to receive a social security number, the applicant shall present written documentation from the Social Security Administration that he or she is not eligible for a number;

2. Two forms showing residency as identified in section 10 of this rule;

3. Form I-94 stamped Refugee/Asylee; and

4. Form I-688 B and I-766 Employment Authorization Document.

12.5. The Division requires verification of any submitted documents and the applicant's legal status by the United States Citizen and Immigration Service before a driver's license or identification card is issued.

12.6. All forms designations refer to the current form or to any successor or substitute form promulgated by the Immigration and Naturalization Service, United States Citizen and Immigration Service or the United States Immigration Control Enforcement Agency.

12.7. The Division may at its discretion accept other INS, USCIS, or ICE documentation that establishes the applicant's legal presence in this country.

W. Va. Code R. § 91-4-12