What California's Legal Presence Requirement Means for Your Driver License

California Does Not Require Proof of Legal Presence to Get a Driver License

California issues driver licenses to people regardless of immigration status. You do not need to prove you are a U.S. citizen or have legal residency to obtain a standard California driver license. This has been the law since 2015, when California began issuing licenses under Assembly Bill 60 (AB 60).

The state issues two types of licenses under this rule: a standard driver license (identical to any other California license) and an AB 60 license, which is marked differently and cannot be used for federal purposes like boarding a domestic flight. Both require the same documents and pass the same driving tests. The difference is what you can use the license for, not who can get one.

Key Takeaways

California issues standard driver licenses to all applicants regardless of immigration status, with no legal presence requirement.
You choose between a standard license and an AB 60 license at the DMV; the AB 60 license cannot be used for federal identification purposes like domestic air travel.
Both license types require the same documents: proof of identity, proof of California residence, and proof of Social Security number or an Individual Taxpayer Identification Number (ITIN).
If you cannot provide a Social Security number, you can use an ITIN, which the IRS issues to people who file taxes but do not have a Social Security number.

Standard License Versus AB 60 License: What You Choose at the DMV

When you explore at a California DMV office, you will be asked which type of license you want. A standard California driver license looks like any other state license and can be used for all purposes: driving, boarding domestic flights, entering federal buildings, and presenting as identification anywhere in the United States.

An AB 60 license is marked on its face to show it is not acceptable for federal purposes. You can use it to drive, but you cannot use it to board a domestic flight, enter a federal courthouse, or use it as identification at a bank or airport. The AB 60 license is issued under the same rules and requires the same documents; the only difference is the marking and what it can be used for.

You choose which one you want when you fill out your process. There is no separate process or additional fee. If you are unsure which one to request, ask the DMV staff member helping you; they can explain the limits of each before you decide.

Documents You Need: Identity, Residence, and Tax Identification

California requires three categories of documents for any driver license process, regardless of immigration status or which license type you choose.

Proof of identity: You need one document from the state's approved list. Acceptable documents include a valid passport (from any country), a consular ID card issued by your country's consulate, a birth certificate, a foreign national ID card, or a tribal ID. If your document is in another language, bring the original and an official English translation.

Proof of California residence: You need two documents showing your current address in California. These can be a utility bill, lease or rental agreement, mortgage statement, property tax bill, vehicle registration, or a letter from a government agency. Documents must be dated within the last 62 days. A PO box does not count as proof of residence.

Proof of Social Security number or ITIN: You need to provide either a Social Security number or an Individual Taxpayer Identification Number. If you have a Social Security number, bring your Social Security card, a W-2 form, or a 1099 form. If you do not have a Social Security number but file taxes, you can use an ITIN. Bring your IRS letter showing your ITIN, your tax return, or a letter from a tax preparer showing your ITIN.

How to Get an ITIN If You Do Not Have a Social Security Number

An Individual Taxpayer Identification Number (ITIN) is issued by the Internal Revenue Service to people who file U.S. tax returns but do not have a Social Security number. You do not need legal presence or a work permit to get an ITIN. You can explore for one by filing a tax return with Form W-7 attached, or by working with a tax preparer or community organization that helps people file taxes.

If you have filed taxes in California in the past three years, you likely already have an ITIN. Check any tax return you filed or contact the tax preparer who helped you file. The IRS will have sent you a letter with your ITIN when it was first issued.

If you have never filed taxes and do not have an ITIN, you can file a tax return (even if you owe no taxes) to get one. Many community organizations and nonprofits in California offer free tax filing help. You can search for free tax help through the IRS website or by calling 211 to find local resources.

The DMV process Process and What Happens Next

Once you have gathered your documents, visit a California DMV office to explore. You will fill out Form DL 44 (process for a Driver License or Identification Card). Bring all three categories of documents listed above, plus your documents proving you passed a vision test (or you can take one at the DMV) and proof of your California address.

You will take a written test on traffic laws and a driving test. If you pass both, the DMV will issue your license. Standard processing takes about two weeks; you can pay extra for expedited service if you need it sooner. Your license will be mailed to the address you provided on your process.

If the DMV denies your process, you will receive a letter explaining why. Common reasons include missing documents, documents that do not meet the state's requirements, or failure on the written or driving test. You can reapply after fixing the issue.

What Happens If Your Identity Document Is Expired or in Another Language

California accepts expired identity documents as long as they are otherwise valid. An expired passport or consular ID is acceptable. The document does not need to be current to prove who you are.

If your document is in another language, you must bring both the original and an official English translation. An official translation means it was done by a certified translator or by the government agency that issued the document. A translation by a friend or family member does not count. Many DMV offices can direct you to a certified translator, or you can search online for "certified translator" in your county.

Renewing Your California License When It Expires

California driver licenses are valid for five years from the date they are issued. When your license is about to expire, you can renew it by mail, online, or in person at a DMV office.

If you renew by mail or online, you do not need to provide proof of residence or identity again — the DMV already has that information on file. You will only need to confirm your address and pay the renewal fee. If anything about your identity or residence has changed, or if you want to switch from an AB 60 license to a standard license (or vice versa), you must renew in person at a DMV office and bring the same documents you brought for your original process.

Renewal fees vary by license type and age. Check the California DMV website for current fees, or call your local DMV office.

Frequently Asked Questions

Can I get a standard California license if I do not have legal immigration status?

Yes. California does not require proof of legal presence for any driver license. You can get a standard license or an AB 60 license regardless of your immigration status. The only requirement is that you provide proof of identity, California residence, and a Social Security number or ITIN.

What is the difference between a standard license and an AB 60 license?

Both are valid for driving in California. A standard license can be used for all purposes, including domestic air travel and federal identification. An AB 60 license cannot be used for federal purposes like boarding a domestic flight or entering a federal building, but it is valid for driving and most other everyday uses.

Can I use an ITIN instead of a Social Security number?

Yes. California accepts either a Social Security number or an ITIN. If you file taxes but do not have a Social Security number, you have an ITIN. Bring your IRS letter, tax return, or a letter from your tax preparer showing your ITIN number.

What if my identity document is expired?

California accepts expired identity documents. An expired passport or consular ID is acceptable proof of identity for a driver license process. The document does not need to be current.

Can I change from an AB 60 license to a standard license later?

Yes, but you must renew in person at a DMV office and bring the same documents you brought for your original process. You cannot change license types by mail or online; the change requires an in-person visit and a new process.

This guide is for general information only and is not medical, financial, legal, or other professional advice. For decisions specific to your situation, consult a qualified professional. See our Editorial Policy.