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Identity and Legal Presence FAQs

Overview

This page provides answers to frequently asked questions about DMV's identity and legal presence requirements, which were authorized in 2008 by Senate Bill 1080 (SB 1080). 
 
Use the links below to go directly to any section:
Legal Presence in the U.S.
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 can I use to present proof of my legal presence in the U.S., and how many will I need?
Each customer must bring in one document proving their legal presence in the U.S. Acceptable documents include:
  • A U.S. government issued birth certificate.
  • A U.S. Consular Report of Birth Abroad (FS-240).
  • A U.S. government issued Certification of Birth (DS-1350 or FS-545).
  • A Request for Verification of Birth (DD372), which must include verification from Vital Statistics with appropriate endorsements.
  • A valid U.S. Passport or Passport Card, expired no more than five years.
  • A valid U.S. Territory Passport, expired no more than five years.
  • A tribal ID card from a federally recognized tribe located in Oregon or with an Oregon affiliated tribe approved by DMV.
  • A valid foreign passport, not expired, which must include Arrival/Departure Record (I-94, CBP I-94A or I-797A) with appropriate entry endorsement.
  • A U.S. Department of Homeland Security document showing legal presence in the U.S., such as:
    • A Temporary Resident ID Card (I-688)
    • An Employment Authorization Card (I-688A, I-688B, and I-766)
    • A Certificate of Citizenship (N560 and N561)
    • A Resident Alien Card or Permanent Resident Card (I-551)
    • A Certificate of Naturalization (N550, N570, and N578)
    • A Permit to Re-enter (I-327)
    • A 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 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.
 
What can I do if I was born abroad?
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, so can I provide something else?
You must provide one of the acceptable documents from the proof of legal presence list.

Social Security Number (SSN)
Am I required to provide my Social Security Number (SSN) each time I do a driver license, permit or identification card transaction?
Yes, you are required to provide your SSN on the Driver License/CDL/Permit/ID Card Application, but you do not need to present proof of your SSN.

Full Legal Name
What is the definition of full legal name?
Full legal name is an individual's first name, middle name(s), and last or surname, without use of initials or nicknames. In most cases your full legal name is the name showing on your legal presence document (e.g. birth certificate or passport).
 
Can I still use my middle initial on my license or do I have to use the full middle name?
If your full legal name contains an initial rather than a complete name DMV will allow use of the initial. If a middle name is part of your full legal name DMV will not allow substitutions with an initial.
 
Can I use my maiden name or a previous married name as my middle name?
You can verbally state the order in which the names on your documents should appear on the driver license or ID card. This includes swapping or moving first, middle and surname. You do not have to use all names in a surname if the surname contains more than one name. You can drop your middle name(s) in favor of adopting maiden name or married name(s) as new middle name(s).
 
It is important to remember that whatever combination of names is chosen as the full legal name must also be the name used with the Social Security Administration and other agencies.
 
Do I need all marriage licenses and divorce decrees to prove full legal name?
No, you will need to show a document that connects your full legal name to your proof of U.S citizenship and legal presence. Please read below for the list of connecting documents.
 
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 if there is any difference in the names. This connection can be made by using the first name, middle name(s), surnames, date of birth, place of birth, father or mother's (first, middle or surname), or mother's maiden name. It is not required that all of these elements exist on both documents in order to establish a connection, however, DMV must be satisfied that the proof of legal presence document AND the connecting legal name document both reference the same individual applicant. Acceptable documentation of full legal name includes:
  • An Oregon, out-of-state, U.S. Territory, District of Columbia, U.S. Department of State, or Canadian driver license, permit or ID card.
  • An original or certified copy of a government issued marriage certificate/license, including city, county, and state (signed by a government official and includes a file date, stamp, seal or other notation that the document has been filed with a government agency).
  • An original or certified copy of a certificate of domestic partnership issued by city, county or state Vital Statistic agency.
  • An original or certified copy of a U.S. city, county or state court-issued divorce decree.
  • An original or certified copy of a U.S. city, county or state court-issued judgment of dissolution or annulment of marriage or domestic partnership.
  • An original or certified copy of a U.S. city, county or state court-issued adoption decree, or a legal name change decree.
  • An original or certified copy of a U.S. city, county or state court issued order of legal name change.
  • A Canadian birth certificate.
  • Certain military documents, including:
    • U.S. Active Duty / Retiree / Reservist / Civilian / Military ID card
    • Common Access Card
    • U.S. Uniform Services ID and Privileges Card (DD1173 and DD1173-1).
  • An Oregon Concealed Weapons Permit.
  • A tribal ID card from one of the following federally recognized tribes:
    • The Confederated Tribes of Warm Springs Reservation of Oregon
    • Confederated Tribes of Siletz Indians Tribal Identification Card
    • Confederated Tribes of Umatilla Indian Reservation
    • Burns Paiute Reservation
    • Cow Creek Band of Umpqua Indians
    • Official Tribal Identification Of the Klamath Tribes.
  • A proof of age and identity letter issued by:
    • U.S. Pretrial Services
    • U.S. District Court Probation Office
    • Oregon County Community Corrections
    • Oregon Youth Authority.
  • An Oregon Department of Corrections Release ID card, issued after April 30, 2005 including printed statement "Verified Name".
When do I need to show proof of legal name?
At every original issuance, renewal, or replacement of an Oregon Driver License or ID Card.
 
What if the name I currently go by was not changed legally through a court?
You will need to show proof of your current full legal name by using one of the documents specified above.
 
What if I use my stepparent's name, but have nothing to prove why I am using that name and/or what could I use to connect the name?
You will need to establish a connection between the documents you use to show proof of U.S. citizenship, legal presence, identity and the current full legal name that you are using.
 
Can I add or omit a suffix (e.g. Sr, Jr, I, II, III)?
A suffix may be removed or added upon verbal request, even if it appears or doesn't appear on proof of legal presence and/or current full legal name.
 
Are marriage certificates from other countries acceptable connecting documents for a legal name change?
Yes, marriage documents in languages other than English can only be accepted if DMV staff is able to understand the contents of the document.

Valid w/o Photo (VWOP) & Valid w/ Previous Photo (VWPP) licenses
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, 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.

Miscellaneous Questions
Does the bill impact the cost of a driver 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, i.e., what kind of communication is being sent out to the public?
DMV informs customers by using updated driver renewal reminders, inserts to HAZMAT renewal reminders, informational handouts to all customers in DMV offices and to DEQ customers when they come in for inspection. In addition, our Public Information Officer is sending out newspaper press releases.

Related Information
Additional information that may be relevant includes: