As many immigrants in Florida know by now, the new Florida Driver’s License regulations, which went into effect on January 1, 2010 make it almost impossible to renew or obtain Driver’s Licenses without proof of legal immigration status.

This is the result of Florida’s compliance with the very restrictive federal “REAL ID” law. Under the new regulations, applicants for first time Driver’s Licenses and renewals must provide substantial documentation to prove identity, legal immigration status and provide a social security card or evidence of a valid social security number. As a result, many immigrants applying for Driver’s License renewals have been turned away and those applying for new Driver’s Licenses are refused.

In previous years, the Florida Dept. of Motor Vehicles (DMV) accepted many types of Immigration form I-797 receipts, which were less than three years old for renewals and driver’s license issuances. Because of this, many immigrants would have family members filed I-130 petitions or file I-765 applications simply to obtain the Immigration form I-797 receipt to use for Driver’s License purposes.

Unfortunately, Immigration I-797 receipts will no longer be accepted by the DMV alone, without other proof of legal status. For more information on the documentation required to obtain a Driver’s License or renewal in Florida, visit the State’s website at: http://www.flhsmv.gov/

There are still some states, which continue to issue Driver’s Licenses without the requirement for legal immigration status, as long as an individual is able to provide proof of identity with an un-expired government issued passport and evidence of living in that state. States that rejected the REAL ID requirements in 2008 included Alaska, Maine, Arizona, Georgia, Montana, New Mexico, Utah, Vermont, Washington, Wyoming, Hawaii, Kentucky, Maryland, Massachusetts, Missouri, Nebraska, New Hampshire, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina and West Virginia, but may have become more restrictive since that time.

IMMIGRATION Q&A

Question: Hi, my son is 19 and he got his Green Card here in Miami last year. He went back to Jamaica temporarily to finish his college and so he isn’t actually residing in America right now.  My friend told me that my son is supposed to register with the American government for service in the military. Is that really true? I don’t believe it. I don’t want my son to go fight; he’s not even an American citizen. It’s really keeping me up worried at night now, can you tell me what we need to do?

Answer: I understand what you are referring to; it is called “Selective Service registration”. This registration is required for all men ages 18 through 25. It is just the U.S. government’s system to keep track of a list of men to call to serve the U.S. in case of a national emergency. It does not mean that your son would actually be drafted into the U.S. military.

Men who are U.S. Residents and U.S. Citizens are required to register upon reaching the age of 18 or immediately upon obtaining status (if they are between the ages of 18-25). Foreign National men in the U.S. on non-immigrant visas are not required to register. For those who are required to register, there are penalties for failing to do so and U.S. Residents can be denied Naturalization if they fail to register when required because it reflects negatively on an applicant's ability to establish good moral character. The negative consequences of failing to register can be overcome in naturalization, depending upon the specific circumstances of each case.

However, once a man between the ages of 18 and 25 realizes that the requirement exists, registration must be done immediately. Selective Service registration forms are available at the post office and can be done by mail. Male U.S. Residents and U.S. Citizens outside the U.S. can obtain registration information at U.S. Embassy.

For more information about Selective Service Registration visit the website: https://www.sss.gov/

*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 understand 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 your state’s attorney Bar Association.