New Driver License Guidelines
The Department of Motor Vehicles recently published new guidelines
for obtaining or renewing a Florida driver license. The guidelines
contain strict documentary requirements and curtail severely
the ability of illegal aliens to obtain or renew a driver license.
Do not despair! There is a light at the end of the tunnel
at the DMV. Effective November 5, 2002, the DMV is allowing
§245(i) beneficiaries of family-(in the first through third
preference categories) and employment-based immigrant visa
petitions (I-130 and I-140, respectively) to obtain their
driver licenses with proof of the filing of the I-130/I-140
petition. That means that anyone:
- with a family- (first through third preference) or employment-based
petition filed on or before 4/30/01 who was in the United
States on 12/21/00; or
- with a family- (first through third preference) or employment-based
petition filed on or before 1/14/98;
will be able to go to the DMV and apply for a driver license.
This new rule benefits the following classes of individuals
who were previously unable to obtain a driver license:
- (first preference) unmarried sons and daughters (over
21) of U.S. citizens and their minor children;
- (second preference) spouses of lawful permanent residents
and their minor children;
- (second preference) unmarried sons and daughters (over
21) of lawful permanent residents and their minor children;
- (third preference) married sons and daughters of U.S.
citizens, their spouses and children;
- 5. beneficiaries of employment-based (I-140) petitions,
their spouses and minor children.
Fourth preference brothers and sisters of U.S. citizens and
their spouses and minor children are not included in this benefit.
This incredible boon is as a result of the advocacy efforts
of the American Immigration Lawyer’s Association (AILA). AILA
is continuing its efforts to expand the new benefits to minors
who are illegal through no fault of their own and to those
with pending labor certifications who are eligible for §245(i).
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