Will The Drivers License For Undocumented Immigrants Be Similarto That Of Legal Residents And Citizens
Using a multitier system, the NYSwould a drivers license to undocumented individuals whod be eligible for alicense that couldnt be use for any federal identification purpose. The reasonis according to the REAL ID Act of2005, a state-issued drivers license must comply with particular standards byOctober 2020.
One of the standards states that thelicense can verify the immigration status of the applicant if they should beused for identification purposes, such as boarding an aircraft.
In 2001, the then governor of NewYork, George Pataki issued an executive order that requires those applying fora NY drivers license to avail a valid SSN or other documents that confirmtheir legal status.
But, the federal law doesnt stop states from implanting a multitier system. Thus, undocumented New Yorkers would qualify for a drivers license thats similar to that of legal residents or American citizens only that the formers license would have the statement: not for federal purposes.
How Do I Get A Drivers License In New York State
So now that you know that you need one to drive here, how do you do it?
To get a New York State driver license, you must pass a written test, complete a 5-hour pre-licensing course and pass a road test.
The process for most
Heres a handy thing to know, you are legally allowed to drive without someone else in the car supervising if you hold a valid license in another country :
Your valid foreign driver license allows you to drive without a supervising driver. You can drive on any street, road, highway, bridge, or tunnel, except in a DMV road test area.
So from here, its somewhat up to you. You can go ahead to practice driving and:
Once you have a learner permit, you must have supervised driving practice and you must take a pre-licensing course or a driver education course before you take your road test.
IMPORTANT UPDATE 17TH SEPTEMBER: With the note above, it would appear that you could technically drive without getting a full license as long as you want. One thing to remember though is that this may exempt you from insurance. If youre planning to be driving a lot and/or hiring vehicles I would strongly urge you to get a full license and do things properly, but its up to you.
After speaking to the DMV and NYPD, it is also now clear that this is not the case in New York City and Long Island. You must always drive with a fully licensed driver who is over 21 if you only have your Learner Permit.
Get An International Driving Permit
An International Driving Permit is not required in NYS, but it is helpful because it informs authorities in several languages that you have a valid driver’s license. By itself, the International Driving Permit is not valid for driving in NYS. You cannot obtain an International Driving Permit when you get to the U.S. so please bring one with you if you plan to drive in NYS.
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Drivers Licenses For Undocumented Immigrants
|Drivers Licenses for Undocumented ImmigrantsThe Driver’s License Access and Privacy Act, commonly called the ‘Green Light law’, was enacted on June 17, 2019, and takes effect on December 16, 2019. It allows all New Yorkers age 16 and older to apply for a standard, not for a federal purpose, non-commercial driver license or learner permit regardless of their citizenship or lawful status in the United States.REQUIREMENTSDocuments you will need to applyAll Applicants for a standard driver license must show a combination of documents to prove:1. Name3. New York State residency.||DOCUMENTS YOU NEEDIn addition to the combination of proofs we currently accept, beginning December 16, 2019, we will also accept
WITH THIS NEW LAW, CAN I APPLY FOR A REAL ID?IS IT POSSIBLE THAT THE DMV USES MY INFORMATION AGAINST ME?CAN I APPLY TO BECOME A US CITIZEN WITH THIS DRIVERS LICENSE?
|STEP # 1|
I Am Just Visiting New York Do I Need A Ny License
If you are a visitor with an international drivers license, you do not need a New York State license to drive here. You only need to apply for a New York State drivers license if you become a resident of New York State, as defined below. However, some traffic courts insist that you produce a license from your home country and will not accept an International License. Our advice is to obtain, carry, and produce your host country license if you are stopped for a NY traffic ticket.
However, it may still be helpful to obtain an International Driving Permit. This verifies that you have a valid drivers license in several languages. This may be useful if you encounter a police officer who cant read the language on your foreign drivers license. You will need to get in touch with the authorities in your home country in order to obtain an IDP.
Bottom line: Having both types of licenses is your best defense to a New York offense of driving without a license.
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How Much Is A New York Drivers License
The fees for your New York drivers license will depend on your age, application time, and where you live. Your total fee will include
- Your driver license application fee
- Your driver license class
- Document fees
- Metropolitan Commuter Transportation District fees. This is for those who live in MTCD. The fee is $1.00 for every six months your drivers license will be in effect. You can find the fee statistics on the DMV website.
You Must Exchange Your Out Of State License At The Dmv
This transaction can only be processed in person, at a DMV office.
You will need to
- pass a vision test at the DMV or bring a completed Eye Test Report
- surrender your out-of-state license, unless it is lost or stolen
- bring proof of identity
- to find a complete list of proofs of identity New York accepts, please review How to apply for a New York Learner Permit/ DriverLicense/Non-Driver ID card , or
- use the buttons below to find what you need
At the DMV, we will give you a temporary non-photo license document. Allow 2 weeks for your new license to arrive in the mail.
For quicker service, make a reservation online before visiting offices in New York City, Westchester, Nassau, Suffolk, Rockland, Onondaga, Monroe or Albany Counties.
|Standard Driver License||$65 or $75*|
|Motorcycle||$70 or $80*|
|Taxi, Livery, Limousine||$95 or $105*|
|Commercial Driver License||$127 or $137*|
* Residents of these counties must pay the Metropolitan Commuter Transportation District fee :
Bronx, Kings , New York , Queens, Richmond , Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and Westchester.
Enhanced documents have an additional $30.00 fee.
- most credit, pinless debit, or prepaid cards
- a personal check or money order payable to “Commissioner of Motor Vehicles”
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You Do Not Need To Be A Us Citizen To Get A New York Driver License Permit Or Non
However, if you are applying for a REAL ID document,you must have US Department of Homeland Security documentation that supports your legal status in this country. The expiration date from your DHS document is added to your New York State permit, driver license or non-driver ID card.Learn more about how to get a
If I have a driver license from another country and I have a NY State learner permit, can I drive without a supervising driver?
Yes. Your valid foreign driver license allows you to drive without a supervising driver. You can drive on any street, road, highway, bridge, or tunnel, except in a DMV road test area.
If your driver license is printed in any language except English, you must bring an International Driving Permit or a certified translation of your driver license to the road test. The translation must be certified by a consulate, the US Department of State, or another official agency. The translation must include
- your name
- your date of birth
- the expiration date of your foreign driver license
- a list of the types of vehicles that your foreign driver license allows you to drive
If you have a NY State learner permit, and you do not have a valid foreign driver license, NY State law requires a supervising driver to ride with you. The supervising driver must be age 21 or over and must have a valid driver license to operate the vehicle that you drive.
How To Apply For A Drivers License Without A Social Security Number
How to apply and get a drivers license without an SSN varies from state to state. So you need to visit your respective states Department of Motor Vehicles official website to get the details. With that said, typically, the main goal is to provide another document that can be a substitute for your Social Security card. As already mentioned, you only need to prove that youre legally allowed to live in the U.S. and that you can properly operate a vehicle.
For example, in Texas, youre required to file an affidavit stating that either you dont have an SSN, never were issued an SSN for any reason, or are ineligible to apply for one. You need to submit this affidavit while applying for the license. However, Texas will not issue the license if youre ineligible to apply for an SSN.
In states like Connecticut and Illinois, you need to obtain a letter from the Social Security Administration that explicitly states youre ineligible for an SSN and the reason for it.
California is much more flexible because youre not required to submit an affidavit or official letter. You just need to submit documents to the California Department of Motor Vehicles stating that youre legally allowed to stay in the U.S. These documents include, but are not limited to, a U.S. passport, certificate of naturalization, and permanent resident card .
As you can see, requirements for obtaining a drivers license vary from state to state. So always check with your states Motor Vehicle Department first.
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Here Are The 9 Easy Steps To Get Your License:
1. Get a state issued Chauffeur-class Drivers License from the DMV
In New York, this is a Class A, B, C, or E license. If you already have a Class D drivers license, you can schedule an appointment with your local DMV and surrender your Class D license. As long as youve taken the written, road, and vision tests required for a Class D drivers license, additional exams wont be required. Pay the required fees. If you dont have a Class D drivers license, additional tests may be necessary.
For out-of-state license holders: You must submit a certified state driving record from your state no more than 90 days before filing your application.
You can find New York State DMV locations here.
2. Take 6-hour defensive driving course in the last 3 years before applying
Not only is this required, it will save you up to 10% on your insurance policy! You can find a list of providers here: .
3. Get a medical exam
A licensed physician must complete the TLC medical form. You can find the form here: .
4. Submit application and pay fees
Submit your application and payment online at: . The application and fees cannot be submitted in person or by mail.
5. Take and pass a drug test
Take and pass a drug test after filing the online TLC application. To schedule an appointment go to LabCorp or call them at 800-923-2624. The testing center will notify the TLC electronically. Results take approximately 3 days to be reported to TLC.
Basic Requirements For The License
When applying more a motorcycle license:
- Prepare for the motorcycle written test. Study the online MV-21MC NYS Motorcycle Operators Manual. The manual is available online, at your local DMV office and DMV Call Center.
- Complete the form MV-44 to get a learner permit and read the MV-44.1 driver license application instructions.
- If you use the EDL forms, you can apply for an Enhanced Driver License by following the instructions and the ID requirements.
- If you want to apply for a motorcycle permit as well as a different class of learner permit, you have to apply for the other learner permit first. If you have the other learners permit, you have to complete another form MV-44 in order to apply for your motorcycle permit.
- To take the required written test, go to your local DMV Office and bring the completed form MV-44 and your proofs of identity and date of birth then pay the required fees. The fees for Class M or MJ permit/ driver is from $21 to $129. However, the DMV cannot calculate your exact fee until you apply. Remember that the fees you pay depend on whether or not you currently have another NYS license. This could be different also based on your exact age when you apply.
- Pass the written test then receive your Class M or Class MJ permit.
- For applicants who
do not have
Who Needs A Drivers License In New York State
You can drive in New York State with a valid driver license from another country. You dont need to apply for a New York State driver license unless you become a New York State resident.
Which you will no doubt respond:
BUT IM NOT A RESIDENT, IM JUST A VISITOR!
Doesnt matter, because resident is a defined term and is defined per Section 250 of the NY State Vehicle and Traffic Law as:
To live in a house, a home, an apartment, a room or other similar place in NY State for 90 days is considered presumptive evidence that you are a resident of New York State. A police officer can use this as evidence to issue a traffic ticket if you drive in New York State without a NY State driver license or vehicle registration. A judge considers the law and the evidence of your intent and decides if you are a resident of New York State. If you pay taxes or your children attend school in another state, a judge considers these facts to decide if your intent is to make NY State a fixed and permanent residence.
With one small caveat:
According to this law, students from other states or from other nations who attend school in New York State are usually not considered residents of NY State.
So even on an E-3 or other visa, you are still presumptively considered a resident of the state if youve lived here for 90 days. Yes, there might be an argument in court that rebuts this but that is going to take you time, and potentially cost you a lot of money .
New York Drivers License Costs
Drivers license cost in New York varies based on your age and address. You can find different license types and prices in the list below:
- A drivers license costs anywhere from $64.25 to $92.50
- A drivers permit costs anywhere from $85.75 to $102.50.
- If you are located in Dutchess, Westchester, Nassau, Orange, Putnam, Suffolk, Rockland or a New York City borough, an extra $2 fee is added for every year the license is valid for.
- You need to pay an extra $30 to get an Enhanced Driver License.
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Obtaining A Class D Senior License
After completing a high school or college driver education course, drivers may change their license to a Class D senior license, as long as they are 17 years old. To change the license, permit holders must file the appropriate driver education certificate with the DMV. If the form is not submitted, the class of the license will change automatically upon the license holder’s 18th birthday.
For more information, go to www.dmv.ny.gov.
Need more information on state laws? Learn more about the laws where you live.
Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.
How Do You Know What Id You Have
Enhanced IDs have your full legal name, your address and an American flag on the bottom right corner of the license. They also say “enhanced” at the top of the licenses.
Real IDs also show your full legal name and address, but they have a star in the top right corner instead of an American flag.
If you received your license before Oct. 30, 2017, and it is not enhanced, then it is a standard ID. Standard IDs issued after Oct. 30, 2017, have “Not for federal purposes” on the top right corner of the license.
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