46.2-328.1 - Licenses, permits and special identification cards to be issued only to United States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas; exceptio
§ 46.2-328.1. Licenses, permits and special identification cards to be issuedonly to United States citizens, legal permanent resident aliens, or holdersof valid unexpired nonimmigrant visas; exceptions; renewal, duplication, orreissuance.
A. Notwithstanding any other provision of this title, except as provided insubsection G of § 46.2-345, the Department shall not issue an originallicense, permit, or special identification card to any applicant who has notpresented to the Department, with the application, valid documentary evidencethat the applicant is either (i) a citizen of the United States, (ii) a legalpermanent resident of the United States, or (iii) a conditional residentalien of the United States.
B. Notwithstanding the provisions of subsection A and the provisions of §§46.2-330 and 46.2-345, an applicant who presents in person valid documentaryevidence of (i) a valid, unexpired nonimmigrant visa or nonimmigrant visastatus for entry into the United States, (ii) a pending or approvedapplication for asylum in the United States, (iii) entry into the UnitedStates in refugee status, (iv) a pending or approved application fortemporary protected status in the United States, (v) approved deferred actionstatus, or (vi) a pending application for adjustment of status to legalpermanent residence status or conditional resident status, may be issued atemporary license, permit, or special identification card. Such temporarylicense, permit, or special identification card shall be valid only duringthe period of time of the applicant's authorized stay in the United States orif there is no definite end to the period of authorized stay a period of oneyear. No license, permit, or special identification card shall be issued ifan applicant's authorized stay in the United States is less than 30 days fromthe date of application. Any temporary license, permit, or specialidentification card issued pursuant to this subsection shall clearly indicatethat it is temporary and shall state the date that it expires. Such atemporary license, permit or identification card may be renewed only uponpresentation of valid documentary evidence that the status by which theapplicant qualified for the temporary license, permit or specialidentification has been extended by the United States Immigration andNaturalization Service or the Bureau of Citizenship and Immigration Servicesof the Department of Homeland Security.
C. Any license or special identification card for which an application hasbeen made for renewal, duplication or reissuance shall be presumed to havebeen issued in accordance with the provisions of subsection A, provided that,at the time the application is made, (i) the license or specialidentification card has not expired or been cancelled, suspended or revokedor (ii) the license or special identification card has been canceled orsuspended as a result of the applicant having been placed under medicalreview by the Department pursuant to § 46.2-322. The requirements ofsubsection A shall apply, however, to a renewal, duplication or reissuance ifthe Department is notified by a local, state or federal government agencythat the individual seeking such renewal, duplication or reissuance isneither a citizen of the United States nor legally in the United States.
(2003, cc. 817, 819; 2005, c. 260; 2007, c. 493; 2009, c. 872; 2010, c. 129.)