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| Legal Presence |
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What does "Legal Presence" mean?
Legal presence means that a person is a citizen or permanent legal resident of the United States or is otherwise legally present in the United States under federal immigration laws.
Do I have to show proof of legal presence on each driver license, permit, or ID card transaction I do at DMV?
Yes.
What documents will be used to provide proof of legal presence and how many?
Each customer must bring in one document proving legal presence. Acceptable documents for legal presence include:
- U.S. government issued birth certificate
- U.S. Consular Report of Birth Abroad (FS-240)
- U.S. government issued Certification of Birth (DS-1350 or FS-545)
- Request for Verification of Birth (DD372) must include verification from Vital Statistics with appropriate endorsements
- Valid U.S. Passport or Passport Card expired no more than five years
- Valid U.S. Territory Passport, expired no more than five years
- Tribal ID card from a federally recognized tribe located in Oregon or with an Oregon affiliated tribe approved by DMV
- Valid foreign passport, not expired and must include Arrival/Departure Record (I-94, CBP I-94A or I-797A) with appropriate entry endorsement
- U.S. Department of Homeland Security document showing legal presence in the U.S. such as:
- Temporary Resident ID Card (I-688)
- Employment Authorization card (I-688A, I-688B, and I-766)
- Certificate of Citizenship (N560 and N561)
- Resident Alien Card or Permanent Resident Card (I-551)
- Certificate of Naturalization (N550, N570, and N578)
- Permit to Re-enter (I-327)
- Refugee Travel Document (I-571)
Can I mail in my legal presence documents?
No, customers may not mail documents to DMV for review. Legal presence and SSN must be established in person at a DMV field office at the time of application.
How often will I have to bring my legal presence documents in?
Every time you come in for an original issuance, renewal, or replacement of a driver license, permit or ID card.
Can legal presence mean the first stages of applying with immigration like an approval notice of application?
No. DMV will only accept a document from the acceptable legal presence document list.
Is legal presence going to change anything for those of us who use continuous traveler status?
Persons using a “Continuous Traveler” designation for an address will need to meet the same legal presence requirements at issuance, renewal, or replacement as all other customers. SB 1080 makes no changes to DMV’s residency/domicile requirements.
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| Social Security Number (SSN) |
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Am I required to show documentation of SSN each time I do a driver license, permit or identification card transaction?
Yes.
SB1080 requires the applicant to provide proof of SSN - what documents can I use?
Acceptable proof of SSN includes:
- a Social Security Card – laminated is okay but metal souvenir cards are not.
- a copy of a federal or state tax return
- a document from the Social Security Administration validating the SSN such as a benefits letter
- an employment record that includes the person’s SSN
- a military document from any branch of armed forces that includes the SSN.
Is a pay stub that includes my SSN acceptable proof of SSN as an "employment record"?
Yes.
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| Full Legal Name |
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What is the definition of full legal name?
Full legal name means an individual’s first name, middle name(s), and last or surname, without use of initials or nicknames. (Oregon Administrative Rules 735-010-0008 sub 13)
Can I still use my middle initial on my license or do I have to use the full middle name?
You must use your full middle name(s).
Do I need all marriage licenses and divorce decrees to prove full legal name?
You will need connecting documents to link the name on your legal presence document to the name you have now, which may require multiple connecting documents if you have had various names.
What is meant by "connecting documents" in regards to proving full legal name?
Connecting documents establish the link between the name shown on your legal presence document and your current name. Acceptable documentation of that name change includes a:
- Government issued marriage certificate
- Certificate of domestic partnership issued by Oregon Vital Statistics
- U.S. court issued divorce decree
- Judgment of dissolution or annulment of marriage or domestic partnership
- An adoption decree, or a legal name change decree
- U.S. court order showing that name change.
What if the name I currently go by was not changed legally through a court?
SB 1080 does not give DMV the authority to allow the use of any name other than the full legal name as indicated on your document proving legal presence and “connecting” legal name change documents.
What if I use my stepparent's name, but have nothing to prove why I am using that name? What could I use to connect the name?
If there is a difference between the name on the document used to prove legal presence and the name on your identification document, you will need connecting legal documents to link the two names in order to use that name.
Are marriage certificates from other countries acceptable connecting documents for a legal name change?
Yes.
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| Valid w/o Photo (VWOP) & Valid w/ Previous Photo (VWPP) licenses |
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What is Valid With Previous Photo and when would it be used?
Valid with Previous Photo (VWPP) is a license or permit issued using the most recent previous photo. Customers must be out of the state and have met all legal presence requirements.
I am out-of-state and need to renew or replace my license. Can I still apply for a Valid Without Photo license?
No. VWOP is no longer available for Oregon residents who are temporarily out-of-state or out-of-country.
I am an Oregon resident and am currently out-of-state. I already have a Valid Without Photo license. Will I be able to pay to get a license with a photo after the SB 1080 goes into affect? Will I need to provide the same documents?
You may be eligible if your last license was issued on or after July 1, 2008. Once you have met the legal presence, SSN and full legal name requirements in an Oregon DMV field office, you may apply for a Valid With Previous Photo license if you are out-of-state and need to renew or obtain a replacement license.
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| Miscellaneous Questions |
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Is there an increase in cost for the new license, permit or identification card?
Yes, there will be an increase of $4.50 per card, effective July 1, 2008.
How are customers going to know what to bring? What kind of communication is being sent out to the public?
DMV is working on a campaign to inform customers by using updated driver renewal reminders, inserts to HAZMAT renewal reminders, informational handouts to all customers in field offices and to DEQ customers when they come in for inspection. In addition, our Public Information Officer is sending out newspaper press releases.
If a customer was born abroad, what can they do?
You must provide one of the acceptable documents from the proof of legal presence list.
What if there is no birth record on file for me?
You must provide one of the acceptable documents from the proof of legal presence list.
I was born at home and I have never had a birth certificate and have no living relative to attest to who I am in order to get one. Can I provide something else?
You must provide one of the acceptable documents from the proof of legal presence list.
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