What you need to know about driver's licenses and immigration status
Whether you can get a driver's license depends on the state where you live, not on your immigration status alone. Some states issue driver's licenses to people regardless of how they entered the country or their current legal standing. Other states do not. A few states offer a separate document — sometimes called a driving privilege card or limited-term license — that lets you drive legally without proving citizenship or lawful immigration status.
The rules changed significantly after 2005, when the federal government set stricter standards for what states must verify before issuing a license. Since then, individual states have made different choices about who they will serve. Your state's decision is what matters for you.
Key Takeaways
- About 20 states currently issue standard driver's licenses to people without lawful immigration status, though the list changes as laws are passed.
- Some states require an Individual Taxpayer Identification Number (ITIN) or a state ID number instead of a Social Security number.
- A few states offer a driving privilege card or limited-term license as an alternative to a standard license.
- You will need to bring documents proving your identity and residency, which vary by state — check your state's DMV website for the exact list.
- Obtaining a driver's license does not change your immigration status or trigger any automatic report to immigration authorities.
Which states issue driver's licenses without requiring lawful status
As of now, states including California, Colorado, Connecticut, Delaware, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, and Washington have laws allowing driver's licenses for people without lawful immigration status. This list is not fixed — states pass new laws regularly, and some have repealed these programs. Check your state's Department of Motor Vehicles website to confirm the current rule where you live.
Each state sets its own requirements for documents and fees. Most require proof of identity (such as a passport from your home country), proof of state residency (such as a utility bill or lease), and a valid ITIN or state ID number in place of a Social Security number. Some states waive certain requirements or offer reduced fees. A few states that do not issue standard licenses to people without lawful status do offer a driving privilege card that serves the same purpose — you can drive legally, but the card is not accepted as federal identification.
What documents you will typically need
Most states that issue licenses to people without lawful immigration status require you to bring an original or certified copy of your birth certificate or passport, proof that you live in that state, and proof of your identity. Proof of residency usually means a recent utility bill, lease agreement, bank statement, or government mail showing your name and address. Some states accept an ITIN letter from the IRS as proof of tax filing history.
You will also need to pass a written test on traffic laws and a driving test, just as any other applicant would. Some states offer the written test in languages other than English. Bring all documents in person to your local DMV office — you cannot complete this process by mail or online. Fees vary by state, ranging from around $20 to $100 for a license or privilege card.
How an ITIN works as an alternative to a Social Security number
An Individual Taxpayer Identification Number (ITIN) is a nine-digit number the IRS issues to people who need to file taxes but do not have a Social Security number. If you have filed taxes in the United States, you likely already have an ITIN. You can find it on your tax return or by contacting the IRS directly.
If you do not have an ITIN yet, you can request one by filing a tax return with Form W-7 (process for IRS Individual Taxpayer Identification Number). You do not have to owe taxes or have earned income to get an ITIN — you can file even if you had no income that year. Some community organizations and tax preparation services help people file for free. Once you have an ITIN, you can use it on your driver's license process in states that accept it.
What happens after you get a driver's license
Obtaining a driver's license does not change your immigration status. It does not make you a citizen, a permanent resident, or a person with lawful status. It is straightforward a document that says you have passed a driving test and can legally operate a vehicle in that state.
Getting a license also does not automatically report you to immigration authorities. The DMV and immigration enforcement are separate systems. However, if you are stopped by police and provide your license, that interaction could potentially lead to other consequences depending on the circumstances and your location. A driver's license is a legal document to drive — it does not protect you from immigration enforcement or change how law enforcement can interact with you.
States that do not issue licenses to people without lawful status
States including Alabama, Arizona, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wisconsin, and Wyoming do not issue standard driver's licenses to people without lawful immigration status. Some of these states do offer a driving privilege card or limited-term license as an alternative.
If you live in a state that does not issue a license, you may still be able to drive legally under certain conditions — for example, some states allow you to drive with a valid license from another country or a temporary permit. Check your state's DMV website for what documents are accepted. You can also look into whether a neighboring state's license is an option, though this depends on your specific situation and the rules of both states.
What to do if your state does not offer a license
If you live in a state that does not issue driver's licenses to people without lawful status, your options are limited but not zero. Some people use a valid driver's license from their home country if it is still current. Others use an international driving permit, which is a translation of your home country's license and is recognized in some U.S. states for a limited time.
You can also contact your state's DMV directly to ask whether any alternative documents exist — rules change, and some states have created new programs without widely publicizing them. If you are planning to move, checking the rules in your destination state before you relocate may open up options that are not available where you currently live.
Frequently Asked Questions
Will getting a driver's license affect my immigration case?
Getting a driver's license does not directly affect your immigration case. However, if you are in removal proceedings or have a pending case, you should discuss this decision with your immigration attorney first, as they can advise you based on your specific situation and the details of your case.
Can I use a driver's license from another country to drive in the U.S.?
Yes, you can drive with a valid license from your home country for a limited time — usually up to one year, though this varies by state. After that period, you typically need a U.S. driver's license or driving privilege card to continue driving legally. Check your state's DMV website for the exact time limit.
What if I do not have a birth certificate or passport?
Some states accept alternative documents such as a national ID card, consular ID, or other government-issued identification from your home country. Contact your state's DMV to ask what documents they will accept in place of a birth certificate or passport. You may also be able to request a certified copy of your birth certificate from your home country's vital records office.
Do I have to have an ITIN to get a driver's license?
It depends on your state. Some states require an ITIN, Social Security number, or state ID number. Others do not require any of these. Check your state's DMV website or call your local office to find out what identification numbers they accept.
Can I renew my driver's license by mail if I do not have lawful status?
Most states require you to renew in person at the DMV, especially if you do not have a Social Security number. Some states allow online or mail renewal for people with standard licenses, but the rules are different for people using an ITIN or driving privilege card. Contact your state's DMV to confirm how renewal works for your situation.