What Is Legal Presence?
To get a California driver’s license or ID card, you must show the DMV a document that proves your name, birth date, and that you are allowed to be in the U.S. (called a BD/LP document).
Common examples include:
- Born in the U.S.: A U.S. birth certificate or passport.
- Immigrants: A Permanent Resident Card or citizenship papers.
- Non-immigrants: Temporary resident cards or other official travel papers.
You must bring an original version of one of these documents to the DMV the first time you apply. For a full list of what is allowed, you can check the REAL ID Documents (PDF) or Non-Compliant Documents (PDF) lists.
In all cases, a document with your name and birth date has been issued to you and proves your legal presence in the U.S. Certain documents issued by the U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS), state how long the bearer may legally be present in the U.S.
The Application Process
To start your application, you must provide your BD/LP document and your Social Security Number (SSN), if you are authorized to work. Your name and birth date must match on both records.
Important Deadlines:
- 30 Days: Your BD/LP document must be valid for at least 30 days to start an application.
- 60 Days: To actually receive your photo DL/ID card, your legal presence must be valid for at least 60 days from your application date.
The DMV will mail your card once you pass all tests and the USCIS verifies your legal presence status.
Your BD/LP Document Will Be Verified
When you start your DL/ID card application, DMV electronically verifies your BD/LP document information with USCIS. If your BD/LP document cannot be verified electronically, DMV makes a photocopy of the document and sends it to USCIS for verification (secondary verification).
If a secondary BD/LP document verification is necessary, DMV will issue you a temporary DL after you pass all the required tests. If the verification takes longer than 75 days, DMV will send you a letter including details needed to complete the verification process and how to complete your application.
If you are a first-time DL or ID applicant and your BD/LP document expires in:
- Less than five years from the date you applied for your DL (less than six years for your ID card), your photo DL/ID card will be considered a “limited term (LT)” DL.
- More than five years from the date you applied for your DL (more than six years for your ID card), your photo DL/ID card will be considered full term.
If your limited-term DL/ID card expires and you need an extension, you must provide a BD/LP document that expires 60 or more days from the day you apply.
SSA: Social Security Administration—federal agency responsible for issuing SSNs and SSN cards.
DHS: Department of Homeland Security—works with federal, state, and local governments to coordinate the organization of multiple agencies and programs into a single, integrated agency which is focused on protecting the American people and their homeland.
USCIS: United States Citizenship and Immigration Services—issues immigration and citizenship. For information regarding these services, contact the USCIS National Customer Service Center at 1-800-375-5283.