Some lawfully present immigrants have experienced difficulties obtaining full-term, eight-year driver’s licenses from the North Carolina Department of Motor Vehicles (NCDMV). The NCDMV recently issued a Declaratory Ruling in March 2023 addressing some of these issues and putting new rules in place for immigrants applying for driver’s licenses in North Carolina. We know that many of those who were impacted by the NCDMV’s policy may have questions about the recent changes. We’re here to help.
The NCDMV’s new ruling has three basic elements:
For adult driver’s license applicants between the ages of 18 and 66, a standard or full-term driver’s license is valid for eight years. Different lengths of licenses apply to those under age 18, over age 66, and those with commercial driver’s licenses.
All immigrants who have a permanent or indefinite immigration status should be granted a full-term driver’s license (usually an eight-year license) under this ruling. The major categories of these immigrants include:
However, many other categories of people should also be considered immigrants with permanent or indefinite status. These may include:
No. North Carolina residents who have a short-term immigration status with a definite end point are not affected by this ruling. They are still eligible for a driver’s license in North Carolina, but their driver’s licenses will expire on the same date as their immigration status expires, just as it has in the past. Some examples of people in this category are immigrants with student visas, work visas, DACA, TPS, and more.
No. This ruling only affects immigrants with a permanent or indefinite lawful status.
Under this ruling, immigrants who have a permanent or indefinite lawful immigration status can use an expired immigration document to obtain a driver license renewal, but not an initial license. Immigrants who have a short-term immigration status with a definite end date (such as student visa holders, TPS, DACA, etc.) may not use an expired immigration document to obtain a driver license. All noncitizens will have their status verified through the SAVE program to ensure that they have a valid underlying immigration status.
Yes. The ruling states that all noncitizens will have their status checked through the SAVE program, whether or not they are applying for a REAL ID. This may cause delays in applicants’ driver’s license approval, depending on how quickly the SAVE program can check an applicant’s status.
We are collecting information about whether the DMV is properly giving driver’s licenses to immigrants. If you are an immigrant, and have applied for a driver’s license or have tried to renew your driver’ license since March 27, 2023, please fill out this form (available in English and Spanish) to tell us about your experience.
