Current through Register Vol. 35, No. 6, March 26, 2024
A. A United States
citizen, United States national or permanent resident alien applying for a REAL
ID compliant New Mexico driver's license or identification card, other than a
commercial driver's license, must provide documentary proof of their
identification number, identity, age, indication of sex, lawful status and New
Mexico residency.
B.
Proof of
identity and age: To establish identity and age the applicant must
present at least one of the following documents:
(1) a valid, unexpired United States
passport;
(2) a valid, unexpired
United States passport card;
(3) a
valid foreign passport with I-551 stamp;
(4) an original or a certified copy of a
birth certificate filed with a state office of vital statistics or equivalent
agency in the individual's place (state) of birth;
(5) a consular report of birth abroad (CRBA)
issued by the U.S. department of state, form FS-240, DS-1350 or
FS-545;
(6) a valid, unexpired
permanent resident card (form I-551) issued by the U.S. department of homeland
security (DHS) or immigration and naturalization service (INS);
(7) a certificate of naturalization issued by
DHS, form N-550 or form N-570;
(8)
a certificate of citizenship, form N-560 or form N-561, issued by
DHS;
(9) a valid unexpired
employment authorization document (EAD) issued by DHS, form I-766 or form
I-688B, verified through the systematic alien verification for entitlement
system (SAVE);
(10) a foreign
passport with unexpired U.S. visa affixed, accompanied by the approved I-94
form documenting the applicant's most recent admittance into the U.S., verified
by SAVE;
(11) REAL ID driver's
license or ID card combined proof of legal presence if legal presence is
temporary; or
(12) other documents
as allowed by an approved DHS exception process.
C.
Proof of Identification
number: Along with the proof of identity and age document listed above,
an applicant must also present one the following documents, provided that the
document bears the applicant's social security number:
(1) a social security number (SSN)
card;
(2) a W-2 form;
(3) a social security administration
(SSA)-1099 form;
(4) a non-SSA-1099
form; or
(5) a pay stub with the
applicant's name and social security number on it.
D.
Proof of New Mexico
residency: The applicant must present at least two of the following
documents that include the individual's name and principal residence:
(1) a current real property rental agreement
or a purchase agreement;
(2) a
utility bill dates within 60 days of the application and that is not a cellular
phone bill;
(3) an insurance bill,
card or binder dated within the past six months of the application;
(4) a bank or credit card statement dated
within 60 days of the application;
(5) an employment pay stub containing
applicant's name and address, dated within 60 days of the
application;
(6) a local property
tax statement from the county assessor's office of the county where the
property is located;
(7) a
documentation from an educational institution such as a transcript, report card
or enrollment confirmation, dated within 60 days of the application;
(8) original documentation from a city,
county, state, tribal or federal government organization or community
organization attesting to the applicant's New Mexico residency;
(9) a New Mexico medical or public assistance
card with address on card, letter from issuing agency that came with the card,
showing name and address, or profile print-out from issuing agency;
(10) documents indicating membership in a New
Mexico religious organization provided applicant is less than 18 years of
age;
(11) documents indicating
membership in a New Mexico sports organization provided applicant is less than
18 years of age;
(12) if the
applicant is less than 18 years of age, an affidavit from the applicant's
parent or guardian stating that the applicant lives with that person, as long
as the affidavit is accompanied by the parent/guardian's New Mexico
identification card, or two proofs of residency of the parent/guardian;
or
(13) a document evidencing
eligibility and proof that the applicant is currently receiving services from a
non-profit organization qualified pursuant to Section 501 (c)(3) of the Federal
Internal Revenue Code of 1986 provided the document displays the applicant's
address.
E.
Indication of Sex: An applicant must indicate their sex as either
male, female or gender x.
F.
Proof of lawful status: An applicant must present one of the
documents listed in Paragraph (1) a valid unexpired US passport, Paragraph (2)
a valid unexpired US passport card, Paragraph (4) an original or a certified
copy of birth certificate filed with a state office of vital statistics or
equivalent agency in the individual's place (state) of birth, Paragraph (5) a
consular report of birth abroad, Paragraph (6) a valid unexpired permanent
resident card, or Paragraph (7) a certificate of naturalization of Subsection
(B) of 18.19.5.12 NMAC.
G.
Exceptions process: A process
for persons who, for reasons beyond their control, are unable to present all
necessary documents and must rely on alternate documents to establish identity
or age. Alternative documents to demonstrate lawful status will only be allowed
to demonstrate U.S. citizenship. Circumstances deemed "beyond the person's
control" include but are not limited to: an event occurred prior to the year
official documents are available from the state or territory; natural disaster
circumstances; customer provides proof from the issuing agency that documents
were destroyed; or non-issuance of official records.
(1) Defined exception process #1: Certified
letter of enrollment or of Indian blood & affidavit of birth. If the
applicant is a member of a federally- recognized Indian nation, tribe or pueblo
and does not have a birth certificate because they were not born in a hospital,
the motor vehicle division will accept their certified letter of enrollment
or valid identification card issued by a federally recognized
Indian nation, tribe or pueblo and the applicant's birth registration
notification issued by the U.S. census office for the applicant's federally-
recognized Indian nation, tribe or pueblo so long as the letter contains the
applicant's name and date of birth and the applicant provides a letter from the
New Mexico department of health, bureau of vital statistics rejecting the
applicant's request for a delayed birth registration. The combination of these
documents provides proof of U.S. citizenship and identity.
(2) Defined exception process #2: Certified
letter of enrollment or valid identification card issued by a federally
recognized Indian Nation, tribe or pueblo as proof of age. If the applicant is
a member of a federally- recognized Indian nation, tribe or pueblo and does not
have a birth certificate to demonstrate proof of age, the applicant may use a
certified letter of enrollment or valid photo-identification card issued by a
federally- recognized Indian nation, tribe or pueblo as documentary proof of
the applicant's age so long as the letter contains the applicant's name and
date of birth and the applicant provides a letter from the New Mexico
department of health, bureau of vital statistics rejecting the applicant's
request for a delayed birth registration.
(3) Defined exception process #3: Baptismal
certificate as proof of age. If the applicant was born before December 31,
1941, the applicant may use an original baptismal record or certified copy of a
baptismal record as documentary proof of the applicant's age so long as the
baptismal record contains the applicant's name and date of birth or date of
baptism and the applicant provides a letter from the New Mexico department of
health, bureau of vital records and health statistics rejecting the applicant's
request for a delayed birth registration.
(4) Defined exception process #4: Military
records as proof of age. If the applicant was born before December 31, 1941,
the applicant may use a certified copy of military records as documentary proof
of the applicant's age so long as the record contains the applicant's name and
date of birth and the applicant provides a letter from the New Mexico
department of health, bureau of vital records and health statistics rejecting
the applicant's request for a delayed birth registration.
