New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 1000 - DRIVER LICENSING
Part Saf-C 1002 - LICENSE APPLICATION REQUIREMENTS
Section Saf-C 1002.05 - Requirements for Non-United States Citizen

Universal Citation: NH Admin Rules Saf-C 1002.05

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

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