Driver’s Licenses For Undocumented Residents

The driver’s license attorneys at The Davis Law Group, P.C. represent undocumented immigrants facing the cancellation, suspension or revocation of their driver’s license or Temporary Visitor Driver’s License (TVDL) or who have committed fraud in an application for driving privileges before the Illinois Secretary of State.

Under Illinois law, non-visa status individuals (undocumented immigrants) who are unable to obtain a Social Security number may apply for a driver’s license. The applicant must provide documentation verifying their legal name, date of birth, written signature, current address, and at least twelve-months of residency in Illinois. An unexpired foreign passport or consular card (issued by an approved county) may be sufficient to prove name, date of birth, written signature and current address. Proof of 12-months of residency can be demonstrated using documentation such as a bank statement, insurance policy, utility bill, or official mail that includes the first and last name of the applicant and complete current address. All applicants must complete a Verification of Residency form and are required to pass the vision, written and road examinations. The applicant must certify under penalty of perjury that they are not eligible for a social security number.

After the Secretary of State grants a driver’s license, the physical driver’s license is mailed to the applicant. The license holder must maintain current liability insurance or the license is considered invalid. Non-Visa status driver’s licenses are only valid to drive and not for identification. These driver’s licenses do not allow the license holder to obtain a REAL ID or vote in elections.

The Secretary of State has established procedures for undocumented immigrants who wish to seek a driver’s license, but who have previously obtained a fraudulent license or TVDL and/or who have had their driving privileges revoked or suspended as a result of a DUI, multiple moving violations or other infractions. Applicants who previously obtained a fraudulent license (i.e. using a false social security number) must correct and verify their identity through the Secretary of State’s Fraud Division. After the fraud is reported, the Secretary of State Police will handle the verification process, often requiring an in-person interview. Fraud is often discovered through the use of facial recognition technology. Our attorneys may appear with you during this Secretary of State Police interview.

Once the applicant’s true identity has been verified, a new Secretary of State driving record will be created and any offenses on the applicant’s fraudulent record will be transferred to their new record (i.e. driving without a valid license, DUI, traffic violations, etc.). The Secretary of State imposes a twelve-month fraud suspension or revocation on the applicant’s record for fraud.

We may request a hearing before the Secretary of State’s office to seek driving privileges in the form of a hardship license (Restricted Driving Permit/Work Permit) or full reinstatement depending on the facts of their specific case. Attorney representation during this process is highly recommended. If hardship privileges are granted, the person still must appear at a Secretary of State facility to obtain approval for a driver’s license. If the application process is successful, the Secretary of State will mail the person a driver’s license allowing full privileges or a hardship permit to allow the person to drive for work, school, medical purposes or childcare.

The driver’s license attorneys at The Davis Law Group, P.C. are highly experienced in this field and are prepared to guide you through this process. Our attorneys can assist those in need of legal representation before the Illinois Secretary of State or the Secretary of State Police. Contact us to discuss your case.