New York will soon issue Driver’s Licenses to immigrants without legal immigration status!

New York recently reversed it’s restrictive Driver’s License issuance policies and has now joined eight other states (Hawaii, Maine, Maryland, Michigan, New Mexico, Utah, Oregon and Washington) in allowing drivers to obtain Driver’s Licenses without requiring proof of legal immigration status in the US.

The first phase of the new policy will go into effect in December 2007 for individuals in New York who once had New York Driver’s Licenses, but were unable to renew due to immigration status requirements.

A second phase should begin in around April 2008, allowing all illegal immigrants to apply. In this phase, officials expect it to take between 4 – 6 weeks to screen and authenticate foreign passports and other foreign identity documents.

As part of the new policy, the requirement for applicant’s to provide a social security number has been eliminated. However, applicants will still be required to provide evidence of identification, such as a valid foreign passport, etc. And - in order to prevent New York from becoming a magnet for illegal immigrants who are unable to obtain Driver’s Licenses in other states (including Florida), New York will likely require that individuals provide proof of having resided in the State of New York, such as showing proof of address and length or residency through bank statements, utilities bills, etc.

This means that many immigrants across the U.S., currently without legal status - may actually end up moving to New York, simply because the State will soon enable them to better provide for their livelihoods. In many states such as Florida, it is nearly impossible to attend to daily life without driving. However, due to restrictive Driver’s License regulations in the state, many individuals have been forced to resort to driving without a valid Driver’s License. It has become a living nightmare for many and there is not a week that goes by without a client coming to me in desperation for this reason alone.

In support for the new policy in New York, officials point to a study showing that unlicensed drivers were almost 5 times more likely to be involved in fatal crashes than drivers with valid Driver’s Licenses. Further, the State Department of Insurance was cited as estimating that the new policy change would save New York drivers $120 million each year by reducing Insurance costs associated with uninsured motorists by 34%.

USCIS releases 100 questions and answers for new Naturalization Test

Recently, the USCIS announced that it was releasing the 100 questions and answers that comprise the civics component of the new naturalization test to be administered beginning October 8, 2008 providing a full year to study the new materials. The USCIS has posted the 100 new question and answers, the reading and writing vocabulary lists, a side-by-side comparison of the current and new test, answers to frequently asked questions and other information about the new test online at: http://www.uscis.gov/newtest.

The DREAM Act is temporarily deferred, but may be rescheduled for a Senate vote in mid-November

The DREAM Act, which would provide “legal status” and the opportunity to attend college, or joint the military for millions of teen immigrants, was scheduled to come for a vote in the Senate recently attached to the Department of Defense (DOD) authorization bill. However, it seems that it may be rescheduled for a mid-November vote instead.

It appears that courageous Senators including Richard Durbin (D-IL), Chuck Hagel (R-NE), and Richard Lugar (R-IN) are busy in behind-the-scenes efforts to gain support for the DREAM Act.

*This column is published for the purposes of providing a general understanding of immigration legal issues, as a public service and is not intended to establish an attorney client relationship. Consideration given to any immigration issue is not intended in any way to substitute for individual legal consultation with a licensed attorney. Readers should understood that this column and the foregoing illustrations are subject to different interpretations in each particular immigration case that may arise and no one reading this column should attempt to apply his own particular situation to the principles described herein. Readers with specific legal immigration issues should consult their attorney. If you have an immigration issue and do not know an attorney, you may call The American Immigration Lawyer’s Association’s Lawyer Referral Service at: 1-800-954-0254.