Current through Register Vol. 35, No. 6, March 26, 2024
A. A
person who is legally in the United States but not a United States citizen,
United States national or permanent resident alien may apply for a REAL ID
compliant New Mexico driver's license, or identification card other than a
commercial driver's license, and 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 one of the following documents:
(1) an
unexpired employment authorization document issued by U.S. department of
homeland security (DHS), form I-766 or form I-688B, verified by the systematic
alien verification for entitlements system (SAVE);
(2) an unexpired foreign passport with a
valid, unexpired U.S. visa affixed accompanied by the approved I-94 form
documenting the applicant's most recent admittance into the United States,
verified by SAVE. This document can be used to satisfy both the identity and
age requirement, and proof of identification number requirement for a REAL ID
compliant credential.
(3) REAL ID
driver's license or identification card issued in compliance with the standards
established by this part.
C. If the identity document submitted is a
REAL ID driver's license or identification card as listed in Paragraph (3) of
Subsection B of
18.19.5.14 NMAC, then to establish
legal or lawful presence in the United States, the applicant must present one
of the following documents issued by the U.S. federal government verified
through SAVE:
(1) an unexpired immigrant or
nonimmigrant visa status for admission into the United States;
(2) a pending or approved application for
asylum in the United States;
(3)
documentation of admission into the United States as a refugee;
(4) a pending or approved application for
temporary protected status in the United States;
(5) documentation of approved deferred action
status;
(6) a pending application
for adjustment of status to legal permanent resident or conditional
resident;
(7) conditional permanent
resident alien status; or
(8) other
documents as DHS may designate by notice published in the federal
register.
D.
Proof
of identification number: An applicant must also present documentary
evidence of their identification number from one of the following documents:
(1) if, eligible for social security number,
one the following documents, provided that the document bears the applicant's
social security number:
(a) a social security
number (SSN) card;
(b) a W-2
form;
(c) a SSA-1099
form;
(d) a non-SSA-1099
form;
(e) a pay stub with the
applicant's name and social security number on it; or.
(2) an unexpired foreign passport with a
valid, unexpired U.S. visa affixed accompanied by the approved I-94 form
documenting the applicant's most recent admittance into the United States,
verified by SAVE. This document can be used to satisfy both the identity and
age requirement, and identification number requirement for a Real ID compliant
credential.
E.
Indication of sex: an applicant must indicate their sex as either
male, female or gender x.
F.
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)
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.
