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On July 20, 2020, Governor Ralph Northam signed the Driver Privilege Card Legislation. This legislation gave the Department of Motor Vehicles permission to issue driver privilege cards to undocumented immigrants living in Virginia beginning January 1, 2021.

Originally, individuals who could not meet Virginia’s legal presence requirements were ineligible to receive a standard or REAL ID-compliant driver’s license in the Commonwealth. However, this new legislation now allows thousands of tax-paying Virginians to drive legally regardless of legal status.

Individuals are eligible to obtain the driver privilege card if they meet the following criteria:

  • Are a non-US. citizen who is a resident of Virginia.
  • Have reported income from Virginia sources or are claimed as a dependent on a tax return filed in Virginia in the past 12 months.
  • Do not have a driving privilege that is currently suspended or revoked in Virginia or any other state, including insurance-related infractions.

Once their eligibility for the driver privilege card has been determined, the individual may contact the DMV and schedule an appointment to apply. Upon application the individual must provide the following original documents:

  • Two proofs of identity
  • Two proofs of Virginia residency
  • Proof of your social security number (if you have been issued one) or your individual taxpayer identification number
  • Tax return documentation

Documents in a foreign language must be accompanied by a certified English translation by a professional translator in order to be accepted.

If you believe that you meet the qualifications for the driver privilege card or you would like to determine if you are eligible, please contact us at FIDE law and we can assist you in making that determination or help you begin the application process.

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