Q & A April 2, 2006Q & A 1. Driver’s Licenses & Illegal StatusHuang Reader asks: My husband has green card and I came to U.S. visiting him under visitor’s visa. However, AIT will no longer give me visitor’s visa because my husband is a permanent residence, therefore, I was forced to overstay in the U.S.. I took driver license test before and now I received DMV’s letter notifying to bring SSN and valid employment authorization to DMV for driver license. However, I have neither SSN nor valid working permit. Will DMV issue me a driver license under this situation? If I do not have a driver license, does it mean I cannot even get a car insurance? Dear reader: In the present atmosphere of increasing intolerance towards immigrants following 9/11, many states including California have made it more difficult for overstays and other illegal aliens to obtain drivers' licenses. According to the Congressional Research Service in a report to Congress, California will not issue an original driver's license or identification card to any person who does not submit satisfactory proof that the applicant's presence in the United States is authorized under federal law. A Social Security number is required under the California Vehicle Code which states that notwithstanding any other provision of law, the department shall require every application for a driver's license to contain the applicant's Social Security number and any other number or identifier determined to be appropriate by the Department. The report also adds that under California case law, a Social Security number may not be required of a non citizen applicant who is ineligible for one if the non-citizen's presence is otherwise authorized under federal law. In answer to your other question, I would assume that your husband could have the car insured under his name as long as he has a driver's license.
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Copyright © 2003-2006 Alan Lee,
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