Current through Register Vol. 28, No. 3, September 1, 2024
4.1
Definitions
"Lawful status": A person in lawful status
is a citizen or national of the United States oran alien lawfully admitted for
permanent or temporary residence in the United States; has conditional
permanent resident status in the United States; has an approved application for
asylum in the United States or has entered into the United States in a refugee
status; has a valid non-immigrant status in the United States; has a pending
application for asylum in the United States; has a pending or approved
application for temporary protected status (TPS) in the United States; has
approved deferred action status; or has a pending application for lawful
permanent resident (LPR)or conditional permanent resident status.
"Permanent resident foreign national": A
lawful immigrant having permanent resident status and Department of Homeland
Security (DHS) or Immigration Naturalization Service
issuedverifiableimmigration documents confirming his/her permanent immigration
status.
"SAVE": means the Department of Homeland
Security's Systematic Alien Verification for Entitlements system or any such
successor or alternative verification system authorized by the Secretary of the
DHS.
"Temporary foreign national": A lawful
non-immigrant alien possessing unexpired passport with visa (if required) or
Department of Homeland Security or Immigration and Naturalization Service (INS)
document whose non-immigrant status, date of arrival in the United States and
authorized length of stay in this country can be verified through a DHS
database.
"Temporary lawful status": a person in
temporary lawful status is a person who: has a valid non-immigration status in
the United States; has a pending application for asylum in the United States;
has a pending or approved application for temporary protected status (TPS) in
the United States; has approved deferred action status; or has a pending
application for LPR or conditional permanent resident status.
"United States Citizen": A person who has
the following documents will be considered a U.S. citizen: a valid unexpired
United States passport; certified copy of a birth certificate issued by a U.S.
State or local office of Public Health, Vital Records, Vital Statistics or
equivalent office; Consular Report of Birth Abroad issued by the DOS, Form
FS-240, DS-1350 or FS-5454; Certificate of naturalization issued by DHS, Form
N-550 or Form N-570; or Certificate of Citizenship, Form N-560 or Form N-561 or
other documents designated by the DHS to confirm citizenship status.
"Verify" means procedures to ensure:
(1) the source document is genuine and has
not been altered (i.e. "document authentication") and
(2) the identity data contained on the
document is valid ("data verification".)
4.2 Basic Immigration Terms and Concepts
4.2.1 Visa
4.2.1.1 Citizens offoreign countries (aliens)
generally need visas to enter the United States. A visa is permission to apply
to enter the United States. It is a document which is affixed to a page in the
passport. The Department of State embassies and consulates abroad issue visas
to foreign nationals. A visa does not permit entry to the United States. It
simply indicates the application has been reviewed by a United States consular
officer and that the officer determined this person is eligible to travel to a
United States port-of-entry for a specific purpose. The immigration officer at
the port-of-entry decides whether to allow aliens to enter and how long they
may stay in this country.
4.2.1.2
Canadian citizens and citizens from Visa Waiver Program countries may enter the
United States without a visa if they meet certain requirements. As of October
26, 2004, visa waiver travelers from all 27 Visa Waiver Program countries must
present either a machine-readable passport issued by their home country, have a
visa, or enter the United States under the Western Hemisphere Travel
Initiative.
4.2.1.3 There are two
categories of United States visas: immigrant and non-immigrant.
4.2.1.3.1
Immigrant visas
are for people who intend to live permanently in the United States
4.2.1.3.2
Non-immigrant
visas are for people with permanent residence outside the United
States but who wish to be in the United States on a temporary basis, for
tourism, medical treatment, business, temporary work, study,
etc.
4.2.2 Visa
Issue and Visa Expiration Dates
4.2.2.1 The
visa issue date and expiration date are shown on the visa. Depending on the
alien's nationality, visas may be issued for any number of entries, from as
little as one entry to multiple (unlimited) entries, for the same purpose of
travel. The visa remains valid from the date it is issued until the date it
expires, or travel for the same purpose, when the visa is issued for multiple
entries. For example, tourists with a multiple entry visa can travel to the
United States many times without having to apply for a visa before each
entry.
4.2.2.2 If an alien
overstays the end date of his/her authorized stay, then this action will
automatically void or cancel his/her visa. However, if the alien has filed an
application in a timely manner for extension of stay or a change in status and
that application is pending and not frivolous, and if he/she did not engage in
unauthorized employment, then this normally does not automatically cancel
his/her visa.
4.2.3 Visa
Expiration Date as Opposed to the Authorized Length of Stay
The expiration date for the visa should not be confused
with the authorized length of stay in the United States. The United States
immigration inspector at port-of-entry determines the length of stay and
records this information on the Arrival-Departure Record, Form I-94 or I-94W
for the Visa Waiver Program. The visa expiration date has nothing to do with
the authorized length of stay in the United States for any givenvisit. An
applicant's legal status and authorized length of stay is verified using
SAVE.
4.2.4 Authorized
Length of Stay
The United States immigration inspector may enter a date
or "D/S" (duration of status) on the alien's I-94. In most cases, a specific
date will be shown on the I-94 which means the alien must leave this country by
that date. Some students, exchange program participants, and certain temporary
workers (e.g., foreign diplomats) will be admitted for "duration of status."
They may remain in the United States as long as they continue their courses of
study or remain in the exchange program or qualifying
employment.
4.3
Verifying Delaware Driver License and Identification Card Expiration Dates
4.3.1 Permanent resident foreign nationals
may be issued a Delaware driver license that expires five (5) years after
issuance or a Delaware identification card that expires four (4) years after
issuance as long as the applicant has lawful status in the United States
throughout the period the driver license or identification card is valid. The
applicant should have a Permanent Resident Card, Form
I-551.
4.3.2 Temporary
lawful status: A temporary foreign national's driver license or identification
card will expire on the last day the non-immigrant is authorized to stay in the
United States or the date determined by Delaware statute (21
Del.C. Section
2715 or Section
3103), whichever date is more
restrictive. If the supporting immigration documents and/or USCIS databases do
not designate an authorized length of stay in the United States or the
authorized length of stay is annotated "duration of status" or "indefinite,"
the Delaware driver license or identification card expiration date will be one
year from the date of document issuance, unless supporting documents establish
a program end date.
4.3.3 The
Delaware driver license or identification card expiration date may not exceed
the date the applicant's legal status in this country expires.
4.3.4 Verification procedure: Because lawful
status can change over time, the period of admission will be primarily
determined by documents themselves, but with the use of the SAVE system, which
can best identify a person's lawful period of admission. However, if SAVE is
not operational when the applicant is being issued an identification document,
use the documents presented in place of the SAVE and verify the SAVE data a
later date when SAVE is again available. To verify data through the SAVE, the
applicant must present an immigration document containing an alien registration
number or I-94 number.
4.4 Fees
4.4.1 All driver license and identification
card applicants will pay the standard fees in effect at the time of application
(in accordance with21 Del.C. Sections
2715 and Section
3103) which are currently $25 for
a 5-year license and $20 for a 4-year identification card) even though the
expiration dates may be limited based upon immigration status.
4.4.2 Should a non-citizen's lawful status or
immigration document expiration date be extended, the driver license or
identification card will be reissued, for no additional fee, to reflect the new
authorized length of stay in this country. Adjust the State-issued document's
expiration date to match the authorized length of stay in this country, not to
exceed the expiration date established by statute in accordance with 21
Del.C. Section
2715 or Section
3103.
4.4.3 A non-citizen applicant may opt to
renew his/her driver license for a full five (5) years or identification card
for a full four (4) years in lieu of extending the expiration dates of his/her
originally issued documents provided he/she pays the appropriate document fee.
The new expiration date will be based upon current statute provided the
immigrant's authorized length of stay in the country is not
exceeded.
4.5 DHS and INS
Immigration documents
4.5.1 Since every alien
over the age of 18 is required to carry his/her immigration documents at all
times, Division staff will confirm the immigration status of all non-United
States citizens upon initial issuance, renewal and re-issuance of all driver
licenses and identification cards. All non-United States citizen driver license
and identification card applicants must present the appropriate Immigration and
Naturalization Service (INS), United States Citizenship and Immigration
Services (USCIS), or other U.S. governmental documents which indicate their
current immigration status or application status. The document presented must
be valid and not expired. Non-United States citizens must verify his/her legal
presence in this country before Delaware will issue a driver license, learner's
permit, transfer an out-of-state driver license, or issue an identification
card.
4.5.2 The following list of
commonly used immigration documents may be used to verify an alien's
immigration status and authorized length of stay in the United States. A
complete list of immigration documents will be updated and circulated to the
staff under separate memorandums.
4.5.2.1
Non-immigrant visa. Arrival-Departure Record, Form I-94 (white card) with
unexpired passport and visa or I-94W (green card) for the Visa Waiver Program
and unexpired foreign passport. The I-94 functions vary to authorize travel,
residency, employment or education opportunities within the United States. This
document must be accompanied by supporting documentation in accordance with the
status descriptions established by the Department of Homeland Security. If the
non-immigrant's authorized length of stay is not annotated on the I-94, verify
document with a USCIS office or its database.
4.5.2.2 Students. Foreign students having
non-immigrant F-1/F-2, or M-l visa classification should have an I-20
Certificate of Eligibility for Non-immigrant Student Status form along with
their unexpired foreign passport and I-94 card. J-1/J-2- visa holders must
present a valid DS-2019or IAP-66.
4.5.2.3 Refugee, asylee and parolee
classifications must be accompanied by additional documentation and I-94
stating their immigration status.
4.5.2.4 Permanent Residents. Permanent
resident foreign nationals have a Permanent Resident Card (I-551) with a
machine-readable immigrant visa with the unexpired foreign passport.
4.5.2.5 I-94 stamped with "processed for
I-551."
4.5.2.6 Attached unexpired
temporary I-551 visa.
4.5.2.7 Valid
I-551 Resident Alien or Permanent Resident card. Border Crosser cards and USA
B-1/B-2 visa BCC cards are not acceptable.
4.5.2.8 Valid I-766, I-688A, I-688B photo
Employment Authorization card or I-688 photo Temporary Resident
card.
4.5.3 United States
citizens must present one of the following documents to prove citizenship: a
valid unexpired United States passport; certified copy of a birth certificate
issued by a United States, State or local office of Public Health, Vital
Records, Vital Statistics or equivalent office; Consular Report of Birth Abroad
issued by Department of State, Form FS-240, DS-1350 or FS-5454; Certificate of
naturalization issued by DHS, Form N-550 or Form N-570; or Certificate of
Citizenship, Form N-560 or Form N-561, or other documents designated by DHS to
confirm citizenship status. Once verified, citizens do not have to reconfirm
their citizenship status when renewing or being re-issued a driver's license or
identification card document. Except for birth certificates issued by the
State, all other documents can be electronically verified through
SAVE.
4.6 Electronically
Verify Immigration Document Data
4.6.1 The
Department of Homeland Security Systematic Alien Verification or Entitlements
System (SAVE), if available, or any such successor or alternative verification
system will be used by Division staff to verify an immigrant or non-immigrant
legal status, name, date of birth, arrival date and authorized length of stay
in this country. Federal government documents used to establish citizenship can
also be verified using SAVE.
4.6.2
Should a discrepancy exist between the data in SAVE and immigration documents
provided by the driver license or identification card applicant, the applicant
will be denied a State-issued document and referred to the United States
Citizenship and Immigration Service (USCIS) office to rectify the
discrepancy.
4.7 Duration
of Status (D/S) Procedures
Students, exchange program participants, and certain
temporary workers (e.g., foreign diplomats) may be admitted for "duration of
status." The State-issued identification document will expire on the date the
education, exchange, or worker program terminates or on the date established by
21 Del.C. Section
2715 or Section
3103, whichever is more stringent.
If the applicant is unable to provide a firm date when the program ends, the
driver license's or identification card's expiration date will be one (1) year
from the date of the application and renewable as long as the applicant
provides documentation showing he/she is still enrolled in the program. Note:
Foreign diplomat driver licenses are issued by the U.S. Department of State and
not by the State of Delaware.
4.8 Ineligible Immigration Statuses. Those
applicants who are legally in the United States under the following immigration
status or holding invalid or expired documents are not eligible for a
Delaware-issued driver license or identification card, even if they have
established residency in this State:
4.8.1
Those with invalid or expired immigration or passport documents.
4.8.2 Those I-94 holders without a valid INS
or USCIS stamp.
4.8.3 Immigration
status A-1. Ambassador, public minister, career diplomatic or consular officer
and dependents are ineligible, because an "A" status may only be issued a
driver's license from the United States State Department.
4.8.4 Immigration status A-2 for other
foreign government officials or employees and dependents unless they are
foreign military official and/or their dependents. Foreign military members and
their dependents must provide a valid passport, I-94, visa, or assignment
orders to be eligible.
4.8.5
Immigration status B-1. Visitor for business.
4.8.6 Immigration status B-2. Visitor for
pleasure (tourist.)
4.8.7
Immigration status C-1. Alien in transit through the United States.
4.8.8 Immigration status C-2. Alien in
transit to United Nations Headquarters district. Travel limited to 25 miles
radius of Columbus Circle in New York.
4.8.9 Immigration status C-3. Foreign
government official coming to the United Nations, dependents, attendants,
servants, or other personal employees of official in transit through United
States.
4.8.10 Immigration status
D-1. Alien crew members.
4.8.11
Immigration status G-1. Resident representative of a foreign government to an
international organization, plus staff and dependents.
4.8.12 Immigration status WB. Visitor for
business (visa waiver program.)
4.8.13 Immigration status WT. Visitor for
pleasure (tourist in visa waiver (program.)
4.9 Amending this Regulation. The Division of
Motor Vehicles is authorized to publish memorandums to the staff identifying
specific immigration documents and forms currently being used by the United
States Citizenship and Immigration Services (USICS) regulate immigration
procedures and to establish procedures for managing new USCIS programs without
revising this regulation. Changes to the ineligibility status list in Section
4.8 must be made by amending this regulation.
