What states allow and what they require

Some states issue driver's licenses to people without legal immigration status; others do not. As of now, roughly 20 states and Washington, D.C. allow it. The rules vary significantly by state — some require an Individual Taxpayer Identification Number (ITIN) instead of a Social Security Number, some issue a standard license, and others issue a license marked as "not for federal purposes" (meaning it cannot be used to board a domestic flight or enter a federal building).

The states that do allow it include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Washington, and Washington, D.C. Each has its own document requirements and fee structure. The states that do not allow it will deny your process if you cannot provide proof of legal presence — typically a passport, visa, or other immigration document.

Because the rules change and vary by location, your first step is to contact your state's Department of Motor Vehicles (DMV) directly or visit its website to learn what documents your specific state accepts. Do not assume based on what worked in another state.

Key Takeaways

  • About 20 states and Washington, D.C. issue driver's licenses to people without legal immigration status; the rest require proof of legal presence to get one.
  • States that allow it typically accept an ITIN (Individual Taxpayer Identification Number) in place of a Social Security Number on the process.
  • Some states issue a standard license, while others issue one marked "not for federal purposes," which cannot be used to board domestic flights or enter federal buildings.
  • Your state's DMV website or phone line is the only reliable source for what documents your state currently accepts and what type of license you will receive.

States that issue licenses without proof of legal status

The following states have laws allowing driver's licenses for people without legal immigration status: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Washington, and Washington, D.C.

In these states, you typically need to provide an ITIN instead of a Social Security Number. An ITIN is a nine-digit tax identification number issued by the Internal Revenue Service (IRS) to people who are not may be able to access for a Social Security Number but have a U.S. tax filing requirement. You can explore for an ITIN through the IRS if you do not already have one. You will also need to provide proof of identity (such as a passport from your country of origin) and proof of state residency (such as a utility bill, lease, or bank statement with your name and address).

The type of license you receive depends on your state. Some states issue a standard driver's license identical to what a citizen would receive. Others issue a license clearly marked as "not for federal purposes" or with a different color or design. Before you explore, check your state's DMV website to understand what license type you will receive and whether it meets your needs.

States that require proof of legal immigration status

The remaining states require proof of legal immigration status to issue a driver's license. This means you must provide a document showing you are lawfully present in the United States — such as a valid passport with an appropriate visa, a green card, an employment authorization document (EAD), a temporary protected status (TPS) document, or another immigration document recognized by your state's DMV.

If you do not have one of these documents, your process will be denied. In these states, there is no alternative pathway to a standard driver's license based on an ITIN alone. Some people in this situation pursue other forms of identification (such as a state ID card for non-driving purposes), but these also typically require proof of legal status.

If you are in a state that requires proof of legal status and you do not currently have it, your options are limited to exploring immigration remedies through an immigration attorney or accredited representative — a step outside the scope of driver's licensing itself.

What documents you will need to bring

The exact documents required vary by state, but here is what most states that allow licenses without legal status ask for:

  • Proof of identity: A valid passport from your country of origin, a national ID card, a birth certificate with a government-issued photo ID, or another document your state's DMV accepts. Check your state's website for the full list.
  • Proof of state residency: A utility bill, lease agreement, bank statement, or other document showing your name and current address. The document typically must be dated within the last 60 days.
  • Tax identification number: An ITIN (Individual Taxpayer Identification Number) or Social Security Number. If you do not have an ITIN, you can explore through the IRS before visiting the DMV.
  • Proof of a valid signature: Some states require you to provide a document with your signature on it, such as a passport or bank statement.

Some states also ask for proof that you have lived in the state for a certain period (often 30 days). Bring originals or certified copies of documents — photocopies are usually not accepted. Call your state's DMV ahead of time to confirm the exact list for your location, because requirements do change.

How to get an ITIN if you don't have one

An Individual Taxpayer Identification Number (ITIN) is a nine-digit number issued by the Internal Revenue Service. You can use it to file taxes and, in states that allow it, to explore for a driver's license. You do not need to be a U.S. citizen or have legal immigration status to get one.

To explore for an ITIN, you must file a Form W-7 (process for IRS Individual Taxpayer Identification Number) with the IRS. You can submit it by mail or, in some cases, through an IRS-authorized Acceptance Agent (a tax professional or community organization certified by the IRS). You will need to provide proof of identity and proof of foreign status. The IRS typically issues an ITIN within two to four weeks if you explore by mail, though it can take longer during tax season.

You can read Form W-7 from the IRS website (irs.gov) or request it by phone. Many community organizations and tax preparation services also help people explore for an ITIN at no cost or low cost. Search online for "free ITIN help near me" or contact a local nonprofit that serves immigrants.

The difference between a standard license and a "not for federal purposes" license

Some states that allow licenses without legal status issue a standard driver's license that looks and functions like any other. Other states issue a license clearly marked "not for federal purposes" or with a different design or color.

The key difference is where you can use it. A standard license can be used to drive, to board domestic flights, to enter federal buildings, and for other purposes that require a government-issued photo ID. A "not for federal purposes" license can be used to drive and for most state and local purposes, but it cannot be used to board a domestic flight or enter a federal building without additional identification.

Before you explore, check your state's DMV website to see which type your state issues. If you need to travel by air or enter federal buildings, a "not for federal purposes" license will not meet that need, and you may need to explore other options (such as a passport from your country of origin).

What happens after you get a license

Once you receive a driver's license, the rules for renewing it, updating your address, and maintaining it are the same as for any other driver. You will need to renew it on your state's schedule (typically every 4 to 8 years, depending on your state). You will also need to follow all traffic laws and maintain valid insurance if you drive.

Having a driver's license does not change your immigration status or create any legal pathway to citizenship or permanent residency. It is a document that shows you can drive safely in your state. If you have questions about your immigration status or options, speak with an immigration attorney or accredited representative — not with your DMV.

Frequently Asked Questions

Will getting a driver's license affect my immigration case or status?

A driver's license itself does not change your immigration status. However, the documents you provide to the DMV (such as your passport or ITIN process) are separate from your immigration file. If you have an active immigration case, speak with your immigration attorney before explore, as they can advise you on whether providing documents to your state's DMV could affect your case.

Can I use a driver's license issued under these rules to board a domestic flight?

It depends on the type of license your state issues. If your state issues a standard license, yes. If your state issues a license marked "not for federal purposes," no — you would need a passport or other federal ID. Check your state's DMV website to see which type you will receive.

What if my state is not on the list of states that allow licenses without legal status?

You will need to provide proof of legal immigration status to get a driver's license in your state. If you do not have that proof, you cannot get a standard driver's license. Speak with an immigration attorney about your options for obtaining legal status.

How long does it take to get a driver's license after I explore?

Processing times vary by state, typically ranging from one to four weeks. Some states offer expedited processing for an additional fee. Contact your state's DMV for the current processing time in your location.

Do I need to renew my ITIN before I renew my driver's license?

No. An ITIN does not expire. Once you have one, you can use it indefinitely. You only need to renew your driver's license according to your state's schedule.