New Information for Immigrant Driver’s License Applicants

The NCDMV’s new ruling has three basic elements: 

1. All lawfully-present immigrants who have a permanent or indefinite lawful immigration status will be granted full-term driver’s licenses. Full term driver’s licenses should end after the standard term (usually eight years) and not on the date that an individual’s immigration document expires. 
2. All lawfully-present immigrants who have a permanent or indefinite lawful immigration status may use an expired immigration document (such as a green card) when applying for a driver’s license renewal, as long as their actual underlying immigration status is still valid. 
3. All noncitizen driver’s license applicants will continue to have their immigration status checked through the USCIS “SAVE” system to ensure that they have a valid immigration status.

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: 

• Legal Permanent Residents 
• Conditional Permanent Residents 
• Refugees 
• Asylees 
• People in the process of adjustment of status from a visa to a permanent immigration status 

However, many other categories of people should also be considered immigrants with permanent or indefinite status. These may include: 

• Applicants for asylum or withholding of removal 
• Iraqi and Afghan special immigrants 
• Citizens of Micronesia, Marshall Islands, or Palau 
• Family Unity Beneficiaries 
• American Samoans 
• Amerasian immigrants 
• Several other categories 

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.