Navigating Status Verification Issues for Driver’s License Applications and Renewals

In general, each state sets its own rules regarding who is eligible to receive a driver’s license. However, under the REAL ID Act of 2005, for a state-issued driver’s license to be a compliant form of identification for official purposes, a state motor vehicle department is required to use the Systematic Alien Verification for Entitlements (SAVE) system to verify an individual’s immigrant status when issuing a driver’s license. Therefore, when an individual applies to receive or renew a REAL ID-compliant driver’s license, the state’s Department of Motor Vehicles (DMV) (or equivalent entity in the state) typically must verify that the individual is maintaining valid immigration status in order to issue the license. Although such status verification is intended to be a streamlined process, many foreign nationals encounter administrative roadblocks when seeking to get verified. For the benefit of MurthyDotCom readers, this article explains the status verification process and suggestions for overcoming potential hurdles.

Overview of the SAVE Verification System

For certain government benefits, the relevant federal, state, or local government agency is required to verify a requester’s immigration status using the SAVE system to determine an individual’s eligibility for a particular benefit or license. The SAVE verification process uses an individual’s biographical information, including name and date of birth, and unique immigration identification number, such as an alien registration number (commonly, an “A-Number”), or other identification number from an immigration document, including an I-94, arrival / departure record, employment authorization document (EAD), or I-797 notice of action. When the necessary information is correctly submitted for a SAVE verification check, the verification process should be instant. However, if the submitted information is insufficient, additional steps must be taken to verify the individual’s status. These additional steps include uploading the individual’s documents to the system for another review and, if necessary, requesting a manual review of the documents by a U.S. Citizenship and Immigration Services (USCIS) officer.

Tips for Avoiding Status Verification Delays

To mitigate the risk of SAVE verification delays, the USCIS recommends that an individual provide as many immigration verification documents as available, and for the agency to enter all available information into the system. An applicant should also ensure that the individual’s biographical information is consistent on all identification and immigration documents. Additionally, it may be possible to bypass certain additional review steps and request a manual document review earlier, which often yields more successful results.

Option to Apply for Noncompliant Driver’s License in Some States

There are situations where a person wishes to obtain or renew a driver’s license, but is not able to do so, either because of a SAVE verification delay, or because the individual does not meet the state’s requirements. Some states offer the option of applying for a non-compliant driver’s license – that is, a driver’s license for an individual who is unable to present sufficient evidence of lawful immigration status, and a noncompliant driver’s license, which does not require any type of immigration documentation. Noncompliant drivers’ licenses generally still can be used to drive legally and purchase automobile insurance. But such licenses may not be accepted as valid forms of identification at federal buildings, such as airports.

Conclusion

The rules regarding the issuance of drivers’ licenses vary from state to state. It is important to check with the state motor vehicle department or agency to determine what is required in the state where one resides.

 

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.