Written by attorney Elizabeth Rose Blandon

Can Foreigners Get A Florida Drivers License With A Pending Deportation Case?

A foreign national must provide proof of eligibility as well as proof of identification in order to obtain a Florida drivers license. Proof of eligibility can be a valid employment authorization card, proof of status or proof that the foreign national was granted asylum, cancellation of removal or allowed into the U.S. for some other reason. Those who currently have no status or are currently in proceedings can get a drivers license by using an employment authorization card to meet the primary identification requirement.

An employment authorization card can be obtained by anyone who has applied for: asylum or withholding of removal, legal permanent resident status, or suspension of deportation. Immigration also grants employment authorization to those persons paroled into the United States, granted deferred removal, or released on an order of supervision, even though they may have a final order of removal.

If you are a foreign national who fits into one of these categories, you can still work and drive while you are inside of the United States. In addition, the Department Of Motor Vehicles requires either a Social Security card or a letter from the Social Security Administration stating that you were never issued a number.

It is important to get the assistance of a qualified immigration attorney before filling out an application for work authorization. In order to submit the forms, you must be eligible for the type of immigration benefit or relief you are seeking. Submitting an application to Immigration in bad faith for the purpose of obtaining work authorization is fraudulent. Unfortunately, non-attorneys in South Florida assist foreign nationals in getting work authorization and a Florida drivers license by submitting false applications on their behalf. Later, the foreign national is often charged with fraud and deported based on that fraud charge. In the United States, the word “notario" does not mean lawyer.

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