New VA Law Grants An Opportunity To Drive Legally To The Undocumented Residents
Author: Criminal Defense and Personal Injury Attorney Olga Pazilova, Esq.
New VA law grants an opportunity to drive legally to the undocumented residents
The new law, passed by the Virginia General Assembly and signed by Governor Northam in July 2020, took effect on January 1, 2021, allows Virginia residents who are not able to meet the legal presents requirement for the standard driving license, to apply for a driving privilege card. Virginia is the 17th state to grant undocumented immigrants the opportunity to drive.
The driving privilege card gives a chance to many Virginia residents, who were not able to drive legally before, to do so now. The driving privilege card looks different from the standard driving license, it is not REAL ID-compliant and cannot be used to vote, board a flight or enter a federal building. The applicants are also not eligible for a commercial driving license. The card will display “D” under the “Class” heading and “9” under “Restrictions” (meaning “Limited duration”).
To be eligible for the driving privilege card, you must meet the following requirements:
- You’re non US-citizen resident of Virginia;
- You reported income from VA sources or are claimed as a dependent on a tax return filed in the past 12 months;
- Your driving privilege is not currently revoked or suspended.
The card is good for 2 years and in order to apply, you need to make an appointment with the DMV, bring all the necessary documents and be prepared to take a vision and a 2-part knowledge and driving test. The test is only offered in English and the translator can be present if you need one. The application fee is $50. You need to bring the following documents:
- 2 proofs of identity (can be foreign driving license, passport, Birth Certificate etc.);
- 2 proofs of Virginia residency (utility bills, bank statements etc.);
- SSN (if you have one) or individual taxpayer ID number;
- Tax return documentation.
All documents in foreign language must be accompanied by certified English translation.
If you meet all the requirements and pass the tests, you will be given a temporary driving permit and your driving privilege card will be mailed to you.
If you have any further questions, please do not hesitate to contact the author of this article, Olga Pazilova, Esq.
Disclaimer: This article is for general informational purposes only and does not, and not intended to, constitute a legal advice.