California driver's license issuance

Asked 7 months ago - San Francisco, CA

Is a person who has overstayed their visa and is not in the US legally get a California driver's license are all the routs to that blocked? Will getting a tax ID help in such a pursuit? The person is currently driving with an international DL in California. Additionally, he does not have a SS#. I should mention that he will soon end up with an expired visa, so can he get a driver's license in here with a tourist visa before it expires?

Attorney answers (4)

  1. Hudson Thomas Bair

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . This is a question that should be asked in an immigration law forum, an immigration attorney should be able to answer the question. I don't think California has completed the legislation to allow non-resident aliens to get a driver's license.

  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . If you do not have a valid visa it is my understanding that you cannot get a CA license. Legislation is still pending with respect to issuing licenses to illegal people to obtain licenses.

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  3. Greg Thomas Hill

    Contributor Level 20

    2

    Lawyers agree

    Answered . This is much more of an immigration question or even a licensing attorney question. It does not have much, if anything, to do with criminal defense. I will change the practice area to immigration law so you can get a meaningful answer that helps you - hopefully.

  4. Justin C Hsiang

    Contributor Level 7

    Answered . Based on my experience, no. I had a client who overstayed her F-1 visa and DMV sent a letter canceling the driver's license. Client subsequently married U.S. citizen and DMV still refused to reactivate driver's license.

    Client subsequently obtained EAD and by providing that information to DMV issued a driving license to her.

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