Ala. Admin. Code r. 760-X-1-.20 - Authorized Presence

Current through Register Vol. 40, No. 6, March 31, 2022

All applicants for an original Alabama driver license or identification card must submit proof of authorized presence in the United States as authorized under federal law. This will help to safeguard the accuracy and integrity of Department of Public Safety documents and reduce the high cost of involved as a result of using fraudulent identification in obtaining goods and services.

(1) Identification Requirements. Applicants for an Alabama Driver License or Identification card must:
(a) Present two (2) forms of identification, at least one of which contains a photograph, (one form must be from the "Primary Listing")

ACCEPTABLE DOCUMENTATION

FOR PROOF OF

NAME, DATE OF BIRTH, AND AUTHORIZED PRESENCE

DOCUMENTS MUST BE ORIGINAL OR COPIES

CERTIFIED BY ISSUING AGENCY

Unless otherwise noted, documents must be current. Immigration documents must reflect at least 160 days allowable time remaining in the United States.

PRIMARY (May include date of birth) SECONDARY (May not include Date of Birth)
US Birth Certificate** Issued by an agency designated by State or Federal Authority US State Issued Driver License or Non-Driver ID card
US Passport* International Driver License/Permit*
Alabama Identification Card Marriage License
Alabama Driver License US Armed Forces Driver License
Certificate of Naturalization US Military DD-214
Certificate of Citizenship Professional License Issued by a State or Federal Agency
US Certificate of Birth Abroad Selective Service Card
Resident Alien Card Veterans Administration Medical Insurance ID
Valid Foreign Passport with valid United States immigration document ID card issued by School (With photo)
School Enrollment Form * DL-1/93 Certified School Record * Most recent report card * Certified letter from school * GED certificate * Current transcript * Certificate of Graduation
W2 Tax Form (previous year with copy of filed forms)
Documents from Court of Record
* Divorce Decree
* Adoption Decree
* Name Change Decree
* Bankruptcy Decree
Probation or release documents issued by State or Federal Departments of Corrections with photo ID cards issued by the same authority or felon ID card issued by the Sheriff of the county of applicant's residence.
ADDITIONAL SECONDARY FOR NON-U.S. CITIZENS
Employment Authorization Document - with valid social security card
Valid visa authorizing presence in the country for a period exceeding six months (see 5(a) below for listing of visa classifications acceptable for consideration)
Valid I-94 Arrival/Departure Record issued by the DHS
Original Form I-797, Notice of Action, issued by the DHS showing approval of change of status or extension of stay
Original Form I-797, Notice of Action, issued by the DHS evidencing timely filing of an extension petition

Social Security Card is required of all applicants who have been assigned and/or are eligible for the assignment of a social security number by the Social Security Administration. For citizens of the United States who, based upon sincere, well-established religious objections, do not have a social security number assigned to them, must provide, along with other documents evidencing identification of the applicant, verifiable proof from the Social Security Administration that a social security number has never been assigned to them. For foreign nationals whose legal presence in the United States extends beyond 160 days from the date of application for an Alabama driver's license and who produce verifiable proof from the Social Security Administration that they are ineligible for the assignment of a social security number, see paragraph five (5) below. This exception to the social security number requirement is inapplicable to the issuance of Commercial Driver's Licenses (CDL). Information required for the issuance of Commercial Driver's Licenses is governed by the provisions of 32-6-49.1 et. seq, Code of Ala. 1975, as amended.

*Required for all 15 year old United States citizen applicants under Title 32-6-8(b). Foreign-born applicants must have their birth certificate translated into English and certified by the Embassy of the country of issuance unless they have obtained a United States Passport, which may be used to prove their date of birth.

(b) Present three (3) forms of non-photo identification (one form must be from the "Primary Listing").
(c) Applicants transferring an out of state driver license must present their out of state driver license, Social Security card (or one of the other acceptable documents for social security number) AND one other form from the "Primary Listing".
(2) In both sections, (a) and (b) above, one form of identification must be from the primary list and the other form(s) must be from either the primary or secondary lists.
(3) In addition to the identification requirements above, an applicant who has been deported from the United States must present proof from the Bureau of Immigration and Customs Enforcement (ICE) that their legal presence status has been restored.
(4) Legal Date of Birth Requirements. All applicants for any type of Alabama driver license or non-driver identification card must meet the age requirements relevant to the license or permit.

Proof of Legal Presence

(5) For the purposes of administering the licensing of foreign national applicants for an Alabama driver's license and non-driver identification cards, the Department of Public Safety presumes their status in the United States to be unauthorized until the applicant presents documents evidencing, to the satisfaction of the Department, that their presence in the United States is authorized. License examiners may, in lieu of a social security number, consider a variety of documents in determining authorized presence. Alternative documents include, but are not limited to, original or certified copies of one or more on the following list. The production by the applicant of one or more of the following documents does not ensure the applicant will be processed for the issuance of an Alabama driver's license.
A. I-551 stamp in foreign passport, or
B. I-551 stamp on INS Form I-94, arrival-departure record,
C. Refugee, asylee, and parolee classifications only when accompanied by proper ICE/DHS documentation.
D. Proof of non-immigration classification provided by the United States Department of Homeland Security (including, but not limited to: valid I-94 Arrival/Departure Record issued by the DHS; original Form I-797 Notice of Action issued by the DHS showing approval of change of status or extension of stay; or original Form I-797 Notice of Action issued by the DHS evidencing timely filing of an extension petition.
E. United States Department of Defense Uniformed Services Identification Card along with international travel order (ITO) for international military student (IMS).
F. Valid Employment Authorization Document ("EAD) issued by the U.S. Department of Homeland Security with valid foreign passport.
(5a) Any person lawfully present in the United States in the following nonimmigrant categories is eligible to apply for an Alabama driver's license/learner's license/non-driver identification card/vessel license: A, B, E, F, G-4, H, I, J, K, L, M, NATO, O, P, Q, R, S, T, TN, TD, TPS or U visa categories. Note: F and M visa holders must also present Form I-20; J-1 and J-2 visa holders must also present Form DS-2019 or IAP-66.

MINIMUM AGE REQUIREMENTS FOR

ALABAMA DRIVER LICENSE AND NON-DRIVER

IDENTIFICATION CARDS

Type Age
Identification Card No Age Requirement
Class D Learner License 15 years old
Class D 16 years old
Motor Driven Cycle 14 years old
Vessel Endorsement 12 years old
CDL Class A Unrestricted 21 years old
CDL Class B Unrestricted 21 years old
CDL Class B Restricted 18 years old
CDL Class C 21 years old
(6) A record existing on the driver license database as the result of a previously issued Alabama driver license or Alabama non-driver identification card may be considered proof of birth date. If no such record exists, only an original or certified copy of one of the "Primary Listed" documents could be accepted as proof of birth date.
(7) Documentation Requirements
(a) Only a document, which is an original or a copy certified by the issuing agency will be accepted. If a document is a copy, the certification attached to it must be original.
(b) A document would be unacceptable if:
1. Correction fluid (white-out) has been used on pertinent information.
2. Erasure markings appear on pertinent information.
3. Pertinent information is missing.
4. Pertinent information is illegible.
5. Alterations appear in pertinent information.
6. A fold, crease, tear or hole obliterates or distorts pertinent information.
7. A staple obliterates or distorts pertinent information.
8. The document is not properly signed. (8) Social Security Number Requirements.
(a) Proof of Social Security number must be presented by the applicant under the following circumstances, unless the number is already in the database:
1. When applying for any class driver license, driver license renewal, vessel license, or non-driver identification card, whether or not the applicant wishes to have the number appear on the license.
(b) An original of one of the following documents is required as proof of Social Security number:
1. Social Security Card.
2. A certified letter (on letterhead) from the Social Security Administration stating the person's name and Social Security number or a computer generated printout with the applicant's information and the Social Security Administration's official stamp affixed.
3. United States Military Identification Card.
4. United States Military form DD 214.
5. Medicare/Medicaid Identification Card (if Social Security number is followed by the letter A).
6. W2 Tax Form.

Notes

Ala. Admin. Code r. 760-X-1-.20
New Rule: Filed May 15, 2000; effective June 19, 2000. Amended: Filed October 29, 2002; effective December 3, 2002. Amended: Filed April 29, 2004; effective June 3, 2004. Amended: Filed January 8, 2008; effective February 12, 2008.

Authors:Major Roscoe Howell, Captain H. Nail, J. Haran Lowe, Jr.

Statutory Authority: Code of Ala. 1975, ยงยง 32-2-9; 32-6-13.

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