SSN Requirements for Drivers' Licenses
Posted Jan 17, 2003
There are many foreign nationals in nonimmigrant status who need to know what documents are required in order to obtain a state driver's license in the U.S. Unfortunately for MurthyDotCom and MurthyBulletin readers, there are no national standards regarding driver's license eligibility for these foreign nationals. We are able to provide some of the state-specific rules pertaining to social security number (SSN) requirements and driver's licenses, however. It may prove useful to know of these requirements before standing in the long lines typical in many state drivers' license offices. For a complete list of requirements for a particular state, consult the appropriate website for that state. The state offices responsible for drivers' licenses are usually either called the Department of Motor Vehicles (DMV) or the Motor Vehicle Administration (MVA). The name of this entity does vary from state to state.
Within the U.S. the following states do not require a social security number in order to issue a driver's license: Kansas, Maryland, Minnesota, Mississippi, Oregon, or Vermont. Conversely, Alabama, the District of Columbia, Hawaii, New Jersey, and West Virginia require all drivers' license applicants to have social security numbers before issuing drivers' licenses.
Most states require a SSN only if one has already been assigned and/or the person is eligible for a SSN. These states are: Arizona, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wisconsin, and Wyoming. Most of these states require other documentation of an applicant for the driver's license, so it is particularly important to consult their websites in order to ensure everything is in order prior to making the application.
Some states have interesting rules. For example, Connecticut and New Hampshire only require SSNs from new applicants. Illinois and Kentucky will accept religious objection as a reason for an applicant to avoid the social security number requirement. Iowa explicitly does not require nonimmigrants to have the SSNs to obtain drivers' licenses. Kentucky, North Carolina, Pennsylvania, Rhode Island, and Utah will accept Taxpayer Identification Numbers (TINs) issued by the Internal Revenue Service in lieu of a SSN issued by the Social Security Administration. Idaho, Indiana, Nevada, North Carolina, New Mexico, Oregon, South Dakota, Tennessee, Texas, Utah, Washington, Wisconsin, and, in some cases, Michigan, will accept the Matricula Consular – an identity card issued by the Mexican Consulate – as documentation in support of a driver's license application.
Some states also have lawful presence requirements. This list includes Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Nevada, New Jersey, Oklahoma, Pennsylvania, South Carolina, South Dakota, Virginia, West Virginia, and Wyoming.
To date, it appears that Maryland, Oregon, and Vermont are the best states to live in and obtain a driver's license if you are not a U.S. citizen. However, in a post-9/11 world, the rules may change with each session of each state legislature, so it is important to keep an eye on developments in your home state and contact your state representatives, should any more restrictive measures appear on the state legislative calendar.
[Note : This article was updated on May 23, 2003 to include GA among states that require the SSN.]© The Law Office of Sheela Murthy, P.C.
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