What you need to know about driver's licenses and immigration status

Whether you can get a driver's license depends on your state, not on federal law. Some states issue licenses to people without legal immigration status; others do not. A few states have created separate documents that work like licenses for driving but are not called licenses. Your state's DMV website will tell you directly what documents they accept, and that answer does not change based on your immigration history — it is the same rule for everyone in your state.

The key difference is what documents you can use to prove who you are and where you live. States that do issue licenses to people without legal status typically accept an Individual Taxpayer Identification Number (ITIN) instead of a Social Security number, a foreign passport instead of a U.S. birth certificate, and a utility bill or lease instead of a standard address verification. You will still need to pass a written test, a vision test, and a driving test, just as any other applicant does.

Key Takeaways

  • About 20 states currently issue driver's licenses to people without legal immigration status, while others do not; your state's DMV website lists exactly what documents they accept.
  • States that do issue these licenses typically accept an ITIN, a foreign passport, and proof of residency like a utility bill or lease agreement.
  • You will still need to pass the written, vision, and driving tests required of all applicants in your state.
  • Some states issue a separate document called a "driving privilege card" that functions like a license for driving but has different legal status.

Which states issue licenses and what documents they need

States that currently issue standard driver's licenses to people without legal immigration status include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Washington, and a few others. This list changes as states pass new laws, so your first step is to visit your state's DMV website and search for "driver's license" and "immigration" or "ITIN" to see the current policy.

The documents you will need vary slightly by state, but the pattern is consistent. Instead of a Social Security number, you provide an ITIN (a nine-digit number issued by the IRS to people who file taxes but do not have a Social Security number). Instead of a U.S. birth certificate, you provide a foreign passport or national ID card. For proof of residency, you use a utility bill, lease agreement, bank statement, or similar document showing your name and current address. Some states also accept a consular ID card issued by your country's embassy or consulate.

A few states — including Tennessee and some others — do not issue standard licenses but do offer a driving privilege card. This document allows you to drive legally within the state but is not a valid ID for other purposes like boarding a plane or entering a federal building. It functions the same way behind the wheel but has different legal weight elsewhere.

States that do not issue licenses to people without legal status

If your state is not on the list above, it does not currently issue driver's licenses to people without legal immigration status. This includes states like Texas, Florida, Georgia, Ohio, Pennsylvania, and many others. In these states, you cannot obtain a standard driver's license without a Social Security number or a valid visa or immigration document.

Some people in these states drive without a license, which carries serious legal risk: a traffic stop can result in criminal charges, vehicle impoundment, and fines. Others use ride-sharing services, public transportation, or carpools with licensed drivers. If you live in a state without this option and need to drive regularly, moving to a state that does issue licenses is one long-term path, though that decision involves many other factors.

How to find your state's specific requirements

Go to your state's DMV website directly — search "[your state] DMV" in a search engine. Look for a section titled "Driver's License," "Getting a License," or "Requirements." Then search the page for the words "ITIN," "immigration," "foreign passport," or "undocumented." The DMV will list exactly what documents they accept and in what order you need to bring them.

If the website is unclear, call your state's DMV customer service line (the number is on the website) and ask directly: "Can I get a driver's license if I do not have a Social Security number?" They will tell you yes or no, and if yes, what documents to bring. Write down the answer and the name of the person who told you, in case you need to reference it later.

The process process in states that do issue licenses

The process is the same as for any other applicant: you gather your documents, go to your local DMV office, fill out the process form, pay the fee, pass the written test, pass the vision test, and take the driving test. The fee varies by state but typically ranges from $30 to $100 for a standard license. Some states charge the same fee regardless of immigration status; others charge slightly more.

Bring all your documents in originals or certified copies — do not bring photocopies unless the DMV specifically says photocopies are acceptable. Bring your ITIN letter from the IRS (the document that shows your ITIN was issued to you), your foreign passport, and at least two pieces of proof of residency. Arrive early, as DMV offices often have long waits. You will take the written test on a computer or on paper, depending on your state. If you pass, you will schedule a driving test, which usually happens within a few weeks.

What happens after you get your license

A driver's license issued in a state that accepts ITINs is a valid license for driving in all 50 states. You can use it to rent a car, drive across state lines, and prove your identity to a police officer during a traffic stop. However, it is not a valid ID for federal purposes like boarding a domestic airplane or entering a federal building — for those, you would need a passport or other federal ID.

Your license will expire on the date printed on it, usually 4 to 8 years after issue depending on your state. When it expires, you renew it the same way you obtained it: by going to the DMV with the same documents, taking the vision test again, and paying the renewal fee. You do not need to retake the written or driving test unless your state requires it for all renewals.

Insurance and legal driving

Having a driver's license does not automatically mean you can get car insurance. Insurance companies have their own policies about who they will insure, and some will not insure drivers without a Social Security number or valid visa. However, many insurance companies will insure you if you have a valid driver's license from your state, regardless of immigration status. Call insurance companies directly and ask: "Will you insure a driver with an ITIN and a [your state] driver's license?" Some will say yes when ready; others will ask more questions.

If you cannot find an insurance company willing to insure you, some states have assigned risk pools or high-risk insurance programs that are required to insure drivers that standard companies reject. Your state's insurance commissioner's office can tell you whether this option exists in your state and how to access it.

Frequently Asked Questions

Will getting a driver's license affect my immigration status or put me on a list?

States that issue licenses to people without legal status are required by law to keep that information separate from immigration enforcement. The DMV does not share your information with Immigration and Customs Enforcement (ICE) based on your license process. However, if you are stopped by police for a traffic violation, that stop itself could trigger an immigration inquiry depending on local policy and your circumstances.

Can I get a license if I have a pending immigration case?

Yes. Your immigration status — whether you are undocumented, have a pending case, have a visa, or have any other status — does not change what documents the DMV will accept. The DMV's rule is based on state law, not immigration law. If your state issues licenses to people without legal status, you can get one regardless of whether you have a case pending.

What if I move to a different state?

If you move from a state that issues licenses to one that does not, your old license remains valid for driving in the new state, but you cannot renew it there. You would need to keep renewing it in your original state, which may require traveling back or using mail-in renewal if your state offers it. If you move from a state that does not issue licenses to one that does, you can then get a license in your new state using the same process described above.

Do I need a specific visa or immigration document to get a license?

No. States that issue licenses to people without legal status do so specifically because they do not require a visa or immigration document. They accept an ITIN instead, which is issued to people who are not authorized to work but file taxes. You do not need to show any immigration paperwork at all.