                                 CODE OF VIRGINIA

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 (§
46.2-328.1)

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

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.