Hello everyone! This week I will be discussing a topic that many Thai people who are currently residing here in the United States temporarily, specifically in the state of California, find important; that is, the ability to lawfully operate a motor vehicle. The other day, I received a call from someone seeking advice on how to obtain a driver’s license. This person wanted to adjust their status to that of a lawful permanent resident of the United States or commonly referred to as a “green card” in the future but wanted a driver’s license as soon as possible. They initially entered the country on a tourist visa and shortly afterward wanted to drive. Prior to speaking to me, they had consulted another person – most likely, not an attorney - who told them that they needed a Social Security Number (SSN) or Taxpayer Identification Number (ITIN) first to get a driver's license.

Do You Need A Social Security Number (SSN) or Tax ID Number (ITIN) to get a CA Driver’s License?

No! A SSN or ITIN is not necessary. You can get a California driver’s license on a B 2 visa even if you do NOT have an SSN or ITIN. You can apply for a CA driver's license while on a B2 visa, but there are specific procedures you need to follow depending on how long you're here and the type of "residency" you can prove.

Warning: Actually, trying to obtain a Social Security Number/ITIN or having either, while here on a B2 visa could possibly be viewed by Immigration as your intention to work, which is generally a violation of your nonimmigrant B-2 visa status. A B-2 visa is strictly for tourism, visiting family, medical treatment and short-term, non-work activities. Therefore, if you do work or attempt to obtain a work-related document such as a SSN or ITIN, there is a presumption that you are attempting to use it for work.

The California AB60 Driver’s License

1. Standard Driver's License (AB 60)

If you hold a temporary tourist visa (B2), California allows you to apply for an AB 60 driver's license. This license is designed for individuals who cannot prove "legal residency" to obtain a federal REAL ID. However, it is available to all California residents regardless of immigration status.

• Restrictions: You must prove you are a California resident. Generally, this requires two documents showing your actual name and address in California.

• Differences: This driver's license will have the words "Federal Restrictions Apply." It works fine for driving and showing up to local police, but you cannot use it to board domestic flights or enter federal buildings.

2. REAL ID (Federal Requirements)

Technically, B2 visa holders are considered "legal residents," which is a requirement for REAL ID. However, the Department of Land Transport (DMV) often requires you to have been legally residing in the country for at least 60 days from the date of application.

• Note: Because B2 visas are short-term visas, the DMV often has difficulty issuing this type of visa because the driver's license expiry date must match your "resident" date on Form I-94.

• Note: Unless you are getting a long-term renewal, using route AB 60 is often smoother for B2 visa holders.

Who Qualifies for an AB 60 License?

You qualify if you:

• Live in California

• Can prove your identity (passport, consular ID, etc.)

• Can prove California residency

• Do NOT have a Social Security Number

• Are otherwise eligible to drive (pass tests)

This includes:

• Undocumented immigrants

• Visitors who cannot get an SSN

• People with expired visas

• People with pending immigration cases

• People who simply do not qualify for an SSN

Note: The above content is subject to change. Please verify this information prior to making any important decisions.

NEED HELP? CONTACT ME!

Immigration law can be confusing. We are here to help you. If you still have questions, need assistance with your green card, travel documents, or any other legal issues, email me at: JC4LAW@HOTMAIL.COM

My office number is (818) 505-4921, or TEXT me in Thai directly to (818) 505-4921.

For those in Thailand only, or outside the US, you can contact me on LINE: JC_esq

(NOTE: If you are in the United States, contact me via (818) 505-4921, not via LINE!)

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Disclaimer: The information contained herein has been prepared for informational purposes only and should not be considered legal advice unless otherwise specified. If you have a specific question regarding your personal case, please contact the Law Offices of Joseph Chitmongran to schedule your full consultation.