§ 27-16-1112 — Expiration of identification card when the applicant is not a United States citizen

(a) If an applicant for an identification card under this chapter is not a citizen of the United States as provided under § 27-16-1105(a)(1)(D)(ii) -(xi), the expiration date of the identification card shall be the shorter of: (1) The period provided for under § 27-16-805(b) ; or (2) The last date the applicant may be present in the United States under federal immigration laws, as verified by United States Immigration and Customs Enforcement of the Department of Homeland Security according to: (A) (i) The status completion date on a United States Customs and Border Protection Form I-94, Arrival/Departure Record or admission stamp. (ii) If the applicant is the holder of a nonimmigrant visa as described in § 27-16-1105(a)(1)(D)(iv) , an additional two hundred forty (240) days shall be allowed following the status completion date in subdivision (a)(2)(A)(i) of this section if the applicant presents a valid Form I-797C, Notice of Action; or (B) If the applicant is a spouse or minor child as described under 8 U.S.C. § 1101(a)(15)(F)(ii) as in effect on January 1, 2013, of a bona fide student under 8 U.S.C. § 1101(a)(15)(F)(i) as in effect on January 1, 2013, who has been given authorization for optional practical training under 8 C.F.R. § 214.2(f)(10)(ii) as in effect on January 1, 2013, the end date on the employment authorization document issued by the United States Citizenship and Immigration Services for the bona fide student. (b) The Office of Driver Services may renew the card only if it is demonstrated that the applicant's continued presence in the United States is authorized under federal law. (c) This section shall not limit the Office of Driver Services from issuing an identification card valid for the life of the applicant if he or she is sixty (60) years of age or older as provided under § 27-16-805(b)(2) .

Legislative History

Amended by Act 2013, No. 1493,§ 3, eff. 1/1/2014. Acts 2009, No. 786, § 1.