Is a driver license required to prove state residency?

[VivaLasVegas]

I was having a discussion with one of my peers today and we struck up a conversation on documents required to prove residency for immigration purposes. My understanding is . either a. State ID or b. A drivers license is proof of residence in a particular state. Is that a correct assumption?

Thoughts / comments??

 

[McMahon]

Tricky question.

A Driver License provides some evidence that at the time you applied for it you were residing at the address mentioned on it. In most cases (when an applicant has not moved since then), this is a document is a good starting point. But this is not proof. For example a person having moved to a new State may still be carrying around the Driver License issued by the previous State.

If we give the word "proof" in a strong legal meaning, proof of residence would be established by providing overwhelming evidence that an applicant effectively resides at a certain address, for example:
- utility bills
- car registration (they have a one-year validity)
- paystubs showing that State Taxes are paid to the State of residence
- lease agreement (for renters) / deed (for homeowners)
- school / college / university registration documents if the residence on the application is the place of study.

 

[boatbod]

The IO will ask for your State Id pretty much as soon as you get started on the interview. It is required, because its the primary document proving you residing within the DO's jurisdiction. Certainly there are cases where someone 'kept' their old license after moving, and under those circumstances the IO must ask for additional evidence. Refer to the Jurisdiction section of the adjudicators field manual for more details.

 

[VivaLasVegas]

That makes sense. IIRC USCIS asks for either a Driver License or a State Issued ID in the interview letter. So boatbod as you stated in your previous post say a person has a driver license from state A has since moved and established residency in State B (has a state Id from State B but a license from State A) the state ID should be enough to prove the person is a resident of state B correct? Isn't it so much easier to just get the license of a state one resides in? lol

 

[lotechguy]

That makes sense. IIRC USCIS asks for either a Driver License or a State Issued ID in the interview letter. So boatbod as you stated in your previous post say a person has a driver license from state A has since moved and established residency in State B (has a state Id from State B but a license from State A) the state ID should be enough to prove the person is a resident of state B correct? Isn't it so much easier to just get the license of a state one resides in? lol

Atthe interview atleast you need to show your state driver's license. It does not matter when you get it, if there is any dispute about residence in that state, you should carry evidence or atleat (90 ? 180 ??) day residnce in form of rental agreement or a house title and real estate tax receipts. Not having the drivers license of that state unnessarily complicates the DAO's work and your work.

 

[mitilda]

Hi

Does the state residency mean you have to live in this state for 3 months right?
So can I show the drive license to the IO?



Thanks

 

[boatbod]

I believe you can technically only be a resident (domiciled) in one state, and for that to happen, you need to have been there for a minimum of 90 days.

Normally any time you move states, you go apply for a new license, and the DMV takes away your old one. I suppose there might be situations where you could pretend you don't have an old one, but that seems to fall somewhere in the realm of breaking the law.

 

[VivaLasVegas]

I suppose there might be situations where you could pretend you don't have an old one, but that seems to fall somewhere in the realm of breaking the law.

sounds about right. Not sure why anyone would do that & that being said won't the DMV know if a driver holds a license from another state? I hope they do.

 

[McMahon]

Does the state residency mean you have to live in this state for 3 months right? So can I show the drive license to the IO?

To be accurate, the residence residency is within the district. District boundaries often are the same as State boundaries but not always.

Example: if an applicant moves from South Dakota to North Dakota, this applicant does not change USCIS District.
If an applicant moves from San Diego to Fresno (both in the State of California), it is a change of District.

So can I show the driver license to the IO?

Yes. The IO would be likely to check when the Driver License was issued (to verify that you were eligible when you filed the N-400. If there was any doubt about whether you currently live at the same address (it may have been a long time since you filed), you might consider having as a backup recent utility bills or copy of the current lease agreement.
For more details you can look at the "sticky" thread "N-400 What documents for Interview"

 

[VivaLasVegas]

Does it have to be a driver license? or will a state issued ID suffice? they both do the same thing right? provide some proof of residency?

 

[boatbod]

State Id is fine - after all, not everyone drives.

 

[thrix]

You must have State ID or Driving license, because it's a state law to have sate ID or driver license. If you don't have it, you are violating state law and you are ineligible for naturalization.