Current through Register No. 40, October 3, 2024
(a) In addition to
the other requirements set forth in these rules, each applicant for a driver
license or non-driver identification card who is a non-United States citizen,
shall submit the following to the division:
(1) If temporarily residing in New Hampshire
for the purpose of employment:
a. Visa for
employment in the name of the applicant, which may include the applicant's
spouse or dependent;
b. Valid I-94
card issued by Immigration and Customs Enforcement in the name of the applicant
indicating date of entry into the United States, which may include the
applicant's spouse or dependent;
c.
Social Security number identification card in the name of the
applicant, evidence from the Social Security
Administration that a social security number has been issued to the applicant,
evidence from the Social Security Administration that the applicant is not
eligible for a social security number, or W-2 bearing the applicant's issued
social security number; and
d.
Proof of residency;
(2)
If temporarily residing in New Hampshire for the purpose of attending a
learning institution:
a. Visa for attending a
learning institution in the name of the applicant, which may include the
applicant's spouse or dependent;
b. Valid I-94 card issued by Immigration and
Customs Enforcement in the name of the applicant indicating date of entry into
the United States, which may include the applicant's spouse or
dependent;
c. Valid I-20 form or
DS-2019 form issued by Immigration and Customs Enforcement and completed by the
learning institution in the name of the applicant authorizing attendance or
that the applicant is a spouse or dependent;
d. Valid optional practical training card in
the name of the applicant, if training for a period of time after graduation
from a learning institution;
e.
Social Security number identification card in the name of the applicant,
evidence from the Social Security Administration that a social security number
has been issued to the applicant, evidence from the Social Security
Administration that the applicant is not eligible for a social security number,
or W-2 bearing the applicant's issued social security number, if in New
Hampshire for the purpose of d. above; and
f. Proof of residency; and
(3) If a resident of New Hampshire
pursuant to RSA
21:6:
a.
Social Security number identification card in the name of the applicant and one
of the following:
1. Valid permanent resident
card in the name of the applicant;
2. Valid I-94 card issued by Immigration and
Customs Enforcement in the name of the applicant indicating refugee or asylee
status and date of entry into the United States; or
3. Valid employment authorization card in the
name of the applicant indicating authorization to reside in the United States
pending permanent resident status; and
b. Proof of residency.
(b) Each non-United States citizen
temporarily residing in New Hampshire who is applying for an original or
renewal driver license shall appear at the Division of Motor Vehicles, 23 Hazen
Drive, Concord, N.H. 03305, or at any other DMV location that offers non-US
citizen driver license transactions.
(c) Notwithstanding (b) above, each permanent
resident and asylee or refugee, to include thosewith indefinite status, may
renew their driver license at any Division of Motor Vehicles office.
(d) Subject to the other requirements set
forth in these rules, in order to prevent the expiration of a New Hampshire
driver license pending an application for an immigration status extension, all
non-US citizens who have received an initial driver license as outlined above,
shall receive a 120-day extension of a current and valid driver license upon
application if they have met the following criteria:
(1) Each person applying for an extension
shall have continually maintained residency in New Hampshire; and
(2) Each person applying for a 120-day
extension shall have applied for an immigration status extension prior to the
expiration of their current stay and shall supply the DMV with proof of
application acceptance by the Department of Homeland Security, U.S. Citizenship
and Immigration Services.
(e) A person who has made application
pursuant to (d) above may apply for subsequent 120-day extensions in accordance
with (d) above so long as the pending application for an immigration status
extension has not been denied.
(f)
Each non-United States citizen applying for an extension described in (d) above
shall complete and submit a DSMV 450 form, indicating a request for a
replacement driver license for the reason of obtaining a 120-day
extension.
#6120, eff 11-22-95, EXPIRED: 11-22-03
New. #7995, INTERIM, eff
12-2-03, EXPIRED: 5-30-04
New. #8109, eff 6-24-04; ss by
#10176, eff 8-23-12