{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-328.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-328.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-328.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-328.1.html"}],"law_id":55310,"edition_id":1,"section_id":55310,"structure_id":13718,"section_number":"46.2-328.1","catch_line":"Licenses, permits, and special identification cards to be issued only to United States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas; exceptions; renewal, duplication, or reissuance","history":"2003, cc. 817, 819; 2005, c. 260; 2007, c. 493; 2009, c. 872; 2010, c. 129; 2011, c. 396; 2013, c. 686; 2020, cc. 981, 1227, 1246.","full_text":"A\n\nNotwithstanding any other provision of this title, except as provided in subsection G of &#xA7; 46.2-345, the Department shall not issue an original license, permit, or special identification card to any applicant who has not presented to the Department, with the application, valid documentary evidence that the applicant is either (i) a citizen of the United States, (ii) a legal permanent resident of the United States, (iii) a conditional resident alien of the United States, (iv) an approved applicant for asylum in the United States, (v) an entrant into the United States in refugee status, or (vi) a citizen of the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands, collectively known as the Freely Associated States.B\n\nNotwithstanding the provisions of subsection A and the provisions of &#xA7;&#xA7; 46.2-330 and 46.2-345, an applicant who presents in person valid documentary evidence that a federal court or federal agency having jurisdiction over immigration has authorized the applicant to be in the United States or an applicant for a REAL ID credential who provides evidence of temporary lawful status in the United States as required pursuant to the REAL ID Act of 2005, as amended, and its implementing regulations may be issued a limited-duration license, permit, or special identification card. Such limited-duration license, permit, or special identification card shall be valid only during the period of time of the applicant&#8217;s authorized stay in the United States or if there is no definite end to the period of authorized stay a period of one year. No license, permit, or special identification card shall be issued if an applicant&#8217;s authorized stay in the United States is less than 30 days from the date of application. Any limited-duration license, permit, or special identification card issued pursuant to this subsection shall clearly indicate that it is valid for a limited period and shall state the date that it expires. Such a limited-duration license, permit, or special identification card may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the limited-duration license, permit, or special identification has been extended by a federal court or federal agency having jurisdiction over immigration.C\n\nAny license, permit, or special identification card for which an application has been made for renewal, duplication, or reissuance shall be presumed to have been issued in accordance with the provisions of subsection A, provided that, at the time the application is made, (i) the license, permit, or special identification card has not expired or been cancelled, suspended, or revoked or (ii) the license, permit, or special identification card has been canceled or suspended as a result of the applicant having been placed under medical review by the Department pursuant to &#xA7; 46.2-322. The requirements of subsection A shall apply, however, to a renewal, duplication, or reissuance if the Department is notified by a local, state, or federal government agency that the individual seeking such renewal, duplication, or reissuance is neither a citizen of the United States nor legally in the United States.D\n\nThe Department shall cancel any license, permit, or special identification card that it has issued to an individual if it is notified by a federal government agency that the individual is neither a citizen of the United States nor legally present in the United States.E\n\nFor any applicant who presents a document pursuant to this section proving legal presence other than citizenship, the Department shall record and provide to the State Board of Elections monthly the applicant&#8217;s document number, if any, issued by an agency or court of the United States government.","order_by":null,"text":{"0":{"id":202839,"text":"Notwithstanding any other provision of this title, except as provided in subsection G of &#xA7; 46.2-345, the Department shall not issue an original license, permit, or special identification card to any applicant who has not presented to the Department, with the application, valid documentary evidence that the applicant is either (i) a citizen of the United States, (ii) a legal permanent resident of the United States, (iii) a conditional resident alien of the United States, (iv) an approved applicant for asylum in the United States, (v) an entrant into the United States in refugee status, or (vi) a citizen of the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands, collectively known as the Freely Associated States.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":202840,"text":"Notwithstanding the provisions of subsection A and the provisions of &#xA7;&#xA7; 46.2-330 and 46.2-345, an applicant who presents in person valid documentary evidence that a federal court or federal agency having jurisdiction over immigration has authorized the applicant to be in the United States or an applicant for a REAL ID credential who provides evidence of temporary lawful status in the United States as required pursuant to the REAL ID Act of 2005, as amended, and its implementing regulations may be issued a limited-duration license, permit, or special identification card. Such limited-duration license, permit, or special identification card shall be valid only during the period of time of the applicant&#8217;s authorized stay in the United States or if there is no definite end to the period of authorized stay a period of one year. No license, permit, or special identification card shall be issued if an applicant&#8217;s authorized stay in the United States is less than 30 days from the date of application. Any limited-duration license, permit, or special identification card issued pursuant to this subsection shall clearly indicate that it is valid for a limited period and shall state the date that it expires. Such a limited-duration license, permit, or special identification card may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the limited-duration license, permit, or special identification has been extended by a federal court or federal agency having jurisdiction over immigration.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":202841,"text":"Any license, permit, or special identification card for which an application has been made for renewal, duplication, or reissuance shall be presumed to have been issued in accordance with the provisions of subsection A, provided that, at the time the application is made, (i) the license, permit, or special identification card has not expired or been cancelled, suspended, or revoked or (ii) the license, permit, or special identification card has been canceled or suspended as a result of the applicant having been placed under medical review by the Department pursuant to &#xA7; 46.2-322. The requirements of subsection A shall apply, however, to a renewal, duplication, or reissuance if the Department is notified by a local, state, or federal government agency that the individual seeking such renewal, duplication, or reissuance is neither a citizen of the United States nor legally in the United States.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":202842,"text":"The Department shall cancel any license, permit, or special identification card that it has issued to an individual if it is notified by a federal government agency that the individual is neither a citizen of the United States nor legally present in the United States.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":202843,"text":"For any applicant who presents a document pursuant to this section proving legal presence other than citizenship, the Department shall record and provide to the State Board of Elections monthly the applicant&#8217;s document number, if any, issued by an agency or court of the United States government.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13718,"edition_id":1,"name":"Obtaining Licenses, Generally","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:45:39","date_modified":"2026-06-26 03:45:39","permalink":{"id":226437,"object_type":"structure","relational_id":13718,"identifier":"4","token":"46.2\/II\/3\/4","url":"\/46.2\/II\/3\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74834,"structure_id":13718,"section_number":"46.2-323","catch_line":"Application for driver's license; proof of completion of driver education program; penalty","url":"\/46.2-323\/","token":"46.2\/II\/3\/4\/46.2-323","metadata":false},{"id":65529,"structure_id":13718,"section_number":"46.2-323.01","catch_line":"Issuance of credentials; relationship with federal law","url":"\/46.2-323.01\/","token":"46.2\/II\/3\/4\/46.2-323.01","metadata":false},{"id":61204,"structure_id":13718,"section_number":"46.2-323.1","catch_line":"Certification of Virginia residency; nonresidents not eligible for credentials; penalty","url":"\/46.2-323.1\/","token":"46.2\/II\/3\/4\/46.2-323.1","metadata":false},{"id":73056,"structure_id":13718,"section_number":"46.2-324","catch_line":"Applicants and license holders to notify Department of change of address; fee","url":"\/46.2-324\/","token":"46.2\/II\/3\/4\/46.2-324","metadata":false},{"id":57804,"structure_id":13718,"section_number":"46.2-324.1","catch_line":"Requirements for initial licensure of certain applicants","url":"\/46.2-324.1\/","token":"46.2\/II\/3\/4\/46.2-324.1","metadata":false},{"id":66333,"structure_id":13718,"section_number":"46.2-325","catch_line":"Examination of applicants; waiver of Department's examination under certain circumstances; behind-the-wheel and knowledge examinations","url":"\/46.2-325\/","token":"46.2\/II\/3\/4\/46.2-325","metadata":false},{"id":63436,"structure_id":13718,"section_number":"46.2-326","catch_line":"Designation of examiners; conduct of examination; reports","url":"\/46.2-326\/","token":"46.2\/II\/3\/4\/46.2-326","metadata":false},{"id":61645,"structure_id":13718,"section_number":"46.2-326.1","catch_line":"Designation of commercial driver's license skills testing examiners","url":"\/46.2-326.1\/","token":"46.2\/II\/3\/4\/46.2-326.1","metadata":false},{"id":75238,"structure_id":13718,"section_number":"46.2-327","catch_line":"Copies of applications; record of licenses and learner's permits issued, suspended, or revoked","url":"\/46.2-327\/","token":"46.2\/II\/3\/4\/46.2-327","metadata":false},{"id":64850,"structure_id":13718,"section_number":"46.2-328","catch_line":"Department to issue licenses; endorsements, classifications, and restrictions authorizing operation of certain vehicles","url":"\/46.2-328\/","token":"46.2\/II\/3\/4\/46.2-328","metadata":false},{"id":55310,"structure_id":13718,"section_number":"46.2-328.1","catch_line":"Licenses, permits, and special identification cards to be issued only to United States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas; exceptions; renewal, duplication, or reissuance","url":"\/46.2-328.1\/","token":"46.2\/II\/3\/4\/46.2-328.1","metadata":false},{"id":54709,"structure_id":13718,"section_number":"46.2-328.2","catch_line":"Department to issue documents; veteran indicator","url":"\/46.2-328.2\/","token":"46.2\/II\/3\/4\/46.2-328.2","metadata":false},{"id":61156,"structure_id":13718,"section_number":"46.2-328.3","catch_line":"Driver privilege cards and permits","url":"\/46.2-328.3\/","token":"46.2\/II\/3\/4\/46.2-328.3","metadata":false},{"id":66576,"structure_id":13718,"section_number":"46.2-329","catch_line":"Special restrictions on particular licensees","url":"\/46.2-329\/","token":"46.2\/II\/3\/4\/46.2-329","metadata":false},{"id":55697,"structure_id":13718,"section_number":"46.2-330","catch_line":"Expiration and renewal of licenses; examinations required","url":"\/46.2-330\/","token":"46.2\/II\/3\/4\/46.2-330","metadata":false},{"id":78255,"structure_id":13718,"section_number":"46.2-331","catch_line":"Repealed","url":"\/46.2-331\/","token":"46.2\/II\/3\/4\/46.2-331","metadata":false},{"id":74767,"structure_id":13718,"section_number":"46.2-332","catch_line":"Fees","url":"\/46.2-332\/","token":"46.2\/II\/3\/4\/46.2-332","metadata":false},{"id":57057,"structure_id":13718,"section_number":"46.2-333","catch_line":"Disposition of fees; expenses","url":"\/46.2-333\/","token":"46.2\/II\/3\/4\/46.2-333","metadata":false},{"id":87183,"structure_id":13718,"section_number":"46.2-333.1","catch_line":"Surcharges on certain fees of Department; disposition of proceeds","url":"\/46.2-333.1\/","token":"46.2\/II\/3\/4\/46.2-333.1","metadata":false}],"previous_section":{"id":64850,"structure_id":13718,"section_number":"46.2-328","catch_line":"Department to issue licenses; endorsements, classifications, and restrictions authorizing operation of certain vehicles","url":"\/46.2-328\/","token":"46.2\/II\/3\/4\/46.2-328","metadata":false},"next_section":{"id":54709,"structure_id":13718,"section_number":"46.2-328.2","catch_line":"Department to issue documents; veteran indicator","url":"\/46.2-328.2\/","token":"46.2\/II\/3\/4\/46.2-328.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-328.1\/","history_text":"<p>This law was first created in 2003. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0817\">817<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0819\">819<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0260\">260<\/a>; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0493\">493<\/a>; in 2009, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0872\">872<\/a>; in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0129\">129<\/a>; in 2011, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0396\">396<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0686\">686<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0981\">981<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1227\">1227<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1246\">1246<\/a>.<\/p>","references":[{"id":61156,"section_number":"46.2-328.3","catch_line":"Driver privilege cards and permits","order_by":null,"url":"\/46.2-328.3\/"},{"id":55697,"section_number":"46.2-330","catch_line":"Expiration and renewal of licenses; examinations required","order_by":null,"url":"\/46.2-330\/"},{"id":72843,"section_number":"46.2-341.12","catch_line":"Application for commercial driver's license or commercial learner's permit","order_by":null,"url":"\/46.2-341.12\/"},{"id":67308,"section_number":"46.2-345","catch_line":"Issuance of special identification cards; fee; confidentiality; penalties","order_by":null,"url":"\/46.2-345\/"},{"id":77296,"section_number":"46.2-345.2","catch_line":"Issuance of special identification cards without photographs; fee; confidentiality; penalties","order_by":null,"url":"\/46.2-345.2\/"},{"id":86626,"section_number":"46.2-345.3","catch_line":"Issuance of identification privilege cards; fee; confidentiality; penalties","order_by":null,"url":"\/46.2-345.3\/"},{"id":85810,"section_number":"63.2-503.1","catch_line":"Legal presence required for public assistance; exceptions; proof of legal presence","order_by":null,"url":"\/63.2-503.1\/"}],"refers_to":[{"id":81924,"section_number":"46.2-322","catch_line":"Examination of licensee believed unable to drive safely; suspension or restriction of license; license application to include questions as to abilities of applicant; false answers; examination of applicant; physician's, advanced practice registered nurse's, or physician assistant's statement","order_by":null,"url":"\/46.2-322\/"},{"id":55697,"section_number":"46.2-330","catch_line":"Expiration and renewal of licenses; examinations required","order_by":null,"url":"\/46.2-330\/"},{"id":67308,"section_number":"46.2-345","catch_line":"Issuance of special identification cards; fee; confidentiality; penalties","order_by":null,"url":"\/46.2-345\/"}],"permalink":{"id":226479,"object_type":"law","relational_id":55310,"identifier":"46.2-328.1","token":"46.2\/II\/3\/4\/46.2-328.1","url":"\/46.2-328.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-328.1\/","token":"46.2\/II\/3\/4\/46.2-328.1","dublin_core":{"Title":"Licenses, permits, and special identification cards to be issued only to United States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas; exceptions; renewal, duplication, or reissuance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-328.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Notwithstanding any other provision of this title, except as provided in subsection G of &#xA7; <a class=\"law\" title=\"Issuance of special identification cards; fee; confidentiality; penalties\" href=\"\/46.2-345\/\">46.2-345<\/a>, the <span class=\"dictionary\">Department<\/span> shall not <span class=\"dictionary\">issue<\/span> an original license, permit, or special identification card to any applicant who has not presented to the <span class=\"dictionary\">Department<\/span>, with the application, valid documentary <span class=\"dictionary\">evidence<\/span> that the applicant is either (i) a citizen of the United States, (ii) a legal permanent resident of the United States, (iii) a conditional resident alien of the United States, (iv) an approved applicant for asylum in the United States, (v) an entrant into the United States in refugee status, or (vi) a citizen of the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands, collectively known as the Freely Associated States. <a id=\"paragraph-202839\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-328.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Notwithstanding the provisions of subsection A and the provisions of &#xA7;&#xA7; <a class=\"law\" title=\"Expiration and renewal of licenses; examinations required\" href=\"\/46.2-330\/\">46.2-330<\/a> and <a class=\"law\" title=\"Issuance of special identification cards; fee; confidentiality; penalties\" href=\"\/46.2-345\/\">46.2-345<\/a>, an applicant who presents in person valid documentary <span class=\"dictionary\">evidence<\/span> that a federal <span class=\"dictionary\">court<\/span> or federal agency having <span class=\"dictionary\">jurisdiction<\/span> over immigration has authorized the applicant to be in the United States or an applicant for a REAL ID credential who provides <span class=\"dictionary\">evidence<\/span> of temporary lawful status in the United States as required pursuant to the REAL ID Act of 2005, as amended, and its implementing regulations may be issued a limited-duration license, permit, or special identification card. Such limited-duration license, permit, or special identification card shall be valid only during the period of time of the applicant&#8217;s authorized <span class=\"dictionary\">stay<\/span> in the United States or if there is no definite end to the period of authorized <span class=\"dictionary\">stay<\/span> a period of one year. No license, permit, or special identification card shall be issued if an applicant&#8217;s authorized <span class=\"dictionary\">stay<\/span> in the United States is less than 30 days from the date of application. Any limited-duration license, permit, or special identification card issued pursuant to this subsection shall clearly indicate that it is valid for a limited period and shall state the date that it expires. Such a limited-duration license, permit, or special identification card may be renewed only upon presentation of valid documentary <span class=\"dictionary\">evidence<\/span> that the status by which the applicant qualified for the limited-duration license, permit, or special identification has been extended by a federal <span class=\"dictionary\">court<\/span> or federal agency having <span class=\"dictionary\">jurisdiction<\/span> over immigration. <a id=\"paragraph-202840\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-328.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Any license, permit, or special identification card for which an application has been made for renewal, duplication, or reissuance shall be presumed to have been issued in accordance with the provisions of subsection A, provided that, at the time the application is made, (i) the license, permit, or special identification card has not expired or been cancelled, suspended, or revoked or (ii) the license, permit, or special identification card has been canceled or suspended as a result of the applicant having been placed under medical review by the <span class=\"dictionary\">Department<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Examination of licensee believed unable to drive safely; suspension or restriction of license; license application to include questions as to abilities of applicant; false answers; examination of applicant; physician&#039;s, advanced practice registered nurse&#039;s, or physician assistant&#039;s statement\" href=\"\/46.2-322\/\">46.2-322<\/a>. The requirements of subsection A shall apply, however, to a renewal, duplication, or reissuance if the <span class=\"dictionary\">Department<\/span> is notified by a local, state, or federal government agency that the individual seeking such renewal, duplication, or reissuance is neither a citizen of the United States nor legally in the United States. <a id=\"paragraph-202841\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-328.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The <span class=\"dictionary\">Department<\/span> shall <span class=\"dictionary\">cancel<\/span> any license, permit, or special identification card that it has issued to an individual if it is notified by a federal government agency that the individual is neither a citizen of the United States nor legally present in the United States. <a id=\"paragraph-202842\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-328.1\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> For any applicant who presents a document pursuant to this section proving legal presence other than citizenship, the <span class=\"dictionary\">Department<\/span> shall record and provide to the State Board of Elections monthly the applicant&#8217;s document number, if any, issued by an agency or <span class=\"dictionary\">court<\/span> of the United States government. <a id=\"paragraph-202843\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-328.1\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nLICENSES, PERMITS, AND SPECIAL IDENTIFICATION CARDS TO BE ISSUED ONLY TO UNITED\nSTATES CITIZENS, LEGAL PERMANENT RESIDENT ALIENS, OR HOLDERS OF VALID UNEXPIRED\nNONIMMIGRANT VISAS; EXCEPTIONS; RENEWAL, DUPLICATION, OR REISSUANCE (\u00a7\n46.2-328.1)\n\nA. Notwithstanding any other provision of this title, except as provided in\nsubsection G of &#xA7; 46.2-345, the Department shall not issue an original\nlicense, permit, or special identification card to any applicant who has not\npresented to the Department, with the application, valid documentary evidence\nthat the applicant is either (i) a citizen of the United States, (ii) a legal\npermanent resident of the United States, (iii) a conditional resident alien of\nthe United States, (iv) an approved applicant for asylum in the United States,\n(v) an entrant into the United States in refugee status, or (vi) a citizen of\nthe Federated States of Micronesia, the Republic of Palau, or the Republic of\nthe Marshall Islands, collectively known as the Freely Associated States.\n\nB. Notwithstanding the provisions of subsection A and the provisions of\n&#xA7;&#xA7; 46.2-330 and 46.2-345, an applicant who presents in person valid\ndocumentary evidence that a federal court or federal agency having jurisdiction\nover immigration has authorized the applicant to be in the United States or an\napplicant for a REAL ID credential who provides evidence of temporary lawful\nstatus in the United States as required pursuant to the REAL ID Act of 2005, as\namended, and its implementing regulations may be issued a limited-duration\nlicense, permit, or special identification card. Such limited-duration license,\npermit, or special identification card shall be valid only during the period of\ntime of the applicant&#8217;s authorized stay in the United States or if there\nis no definite end to the period of authorized stay a period of one year. No\nlicense, permit, or special identification card shall be issued if an\napplicant&#8217;s authorized stay in the United States is less than 30 days from\nthe date of application. Any limited-duration license, permit, or special\nidentification card issued pursuant to this subsection shall clearly indicate\nthat it is valid for a limited period and shall state the date that it expires.\nSuch a limited-duration license, permit, or special identification card may be\nrenewed only upon presentation of valid documentary evidence that the status by\nwhich the applicant qualified for the limited-duration license, permit, or\nspecial identification has been extended by a federal court or federal agency\nhaving jurisdiction over immigration.\n\nC. Any license, permit, or special identification card for which an application\nhas been made for renewal, duplication, or reissuance shall be presumed to have\nbeen issued in accordance with the provisions of subsection A, provided that, at\nthe time the application is made, (i) the license, permit, or special\nidentification card has not expired or been cancelled, suspended, or revoked or\n(ii) the license, permit, or special identification card has been canceled or\nsuspended as a result of the applicant having been placed under medical review\nby the Department pursuant to &#xA7; 46.2-322. The requirements of subsection A\nshall apply, however, to a renewal, duplication, or reissuance if the Department\nis notified by a local, state, or federal government agency that the individual\nseeking such renewal, duplication, or reissuance is neither a citizen of the\nUnited States nor legally in the United States.\n\nD. The Department shall cancel any license, permit, or special identification\ncard that it has issued to an individual if it is notified by a federal\ngovernment agency that the individual is neither a citizen of the United States\nnor legally present in the United States.\n\nE. For any applicant who presents a document pursuant to this section proving\nlegal presence other than citizenship, the Department shall record and provide\nto the State Board of Elections monthly the applicant&#8217;s document number,\nif any, issued by an agency or court of the United States government.\n\nHISTORY: 2003, cc. 817, 819; 2005, c. 260; 2007, c. 493; 2009, c. 872; 2010, c.\n129; 2011, c. 396; 2013, c. 686; 2020, cc. 981, 1227, 1246.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}