Delaware Administrative Code
Title 2 - Transportation
2000 - Department of Transportation
2200 - Division of Motor Vehicles
Driver Services
2217 - Driver License and Identification Card Application Procedures for Delaware Compliant and Delaware Non-Compliant Identification Documents
Section 2217-6.0 - Lawful Status
Universal Citation: 2 DE Admin Code 2217-6.0
Current through Register Vol. 28, No. 3, September 1, 2024
6.1 All driver license and identification card applicants must establish legal presence in the United States to be eligible for a Delaware compliant or Delaware non-compliant identification document. Proof of an applicant's lawful status will be determined in accordance with 2 DE Admin. Code 2220, 21 Del.C. §§ 2715 (a) and 3103(a). Any document not listed in 2 DE Admin. Code 2220 that is presented as proof of lawful status must be approved by the DHS as satisfactory evidence of lawful status. Lawful status must be verified through SAVE.
6.2 Exceptions.
6.2.1 Alternate documents to demonstrate
lawful status will only be allowed to demonstrate U.S. citizenship. For
example, a document issued by a state Office of Vital Statistics that
substantiates the person was born in that state and establishes the
individual's name and date of birth in lieu of the original birth
certificate.
6.2.2 Persons born
overseas to parents who were U.S. citizens and one was a member of the U.S.
military, but who are unable to provide a Consular Report of Birth Abroad,
Certificate of Naturalization or Certificate of Citizenship may present
military and hospital records substantiating these facts after they exhausted
their attempts to obtain the aforementioned documents. They may be issued a
Delaware non-compliant card upon approval from the Director or Chief of Driver
Services. The driving record will be annotated to show they submitted lawful
status documents under the exception provision and the documents will be
retained on file.
Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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