By Elizabeth Ricci, esq., Rambana and Ricci PLLC.
A driver license gives its holder freedom-freedom to go to work, school and manage life’s tasks. A license also represents knowledge of the rules of the road. But, determining how to obtain a driver license in the Sunshine State can be a daunting task due to misinformation and misinterpretation of the Florida Department of Highway Safety and Motor Vehicles’ (DHSMV) policies.
Moreover, despite that REAL ID enforcement has been pushed back to May, 2023 by the Department of Homeland Security, the DHSMV goes beyond the Act’s minimum-security standards for license issuance.
To simplify the process and avoid wasted trips, all applicants for Florida driver licenses should visit https://www.dhs.gov/real-id/real-id-faqs to learn about REAL ID and https://www.flhsmv.gov/driver-licenses-id-cards/what-to-bring/ to learn what documents to take to secure a license.
Aliens with pending immigration court cases in pursuit of a driver license should be aware that DHSMV agents should confirm future court hearings by calling 800 898 7180 and that a valid I-94 is not required. In other words, an alien who entered without inspection and has a court hearing that was postponed due to COVID-19 but who has a future hearing, is eligible for a Florida driver license.
Spouses and children of those immigrants who petitioned for themselves under the National Interest Waiver EB-2 provision may also obtain licenses by presenting the I-140 and marriage or birth record relating to the primary applicant.
There are many other provisions and exceptions that apply to alien applicants for driver licenses. For all these reasons, it is wise to consult with an immigration attorney versed in Florida driver license compliance.
Elizabeth Ricci is Managing Partner of Rambana & Ricci, PLLC Immigration Attorneys in Tallahassee, Florida. She is the American Immigration Lawyers Association Central Florida Chapter Liaison to the Florida Department of Highway Safety and Motor Vehicles.
