Proof of Authorized Presence

Beginning in December 2005, the Motor Vehicle Division implemented the "authorized presence" requirements enacted by the 2005 Legislature. Under 61-5-105(10) of the Montana Code Annotated, individuals who apply for a Montana driver license must provide proof that their presence in the United States is authorized under federal law – that is, they must prove that they are either a U.S. citizen or legally authorized to be in the U.S.

Driver licenses no longer simply indicate that someone can safely operate a motor vehicle. In today's society, a driver license is widely used to verify a person's identity and may be required for everything from opening a bank account to cashing a check. Given these incidental uses and Homeland Security measures, policy makers have become increasingly concerned that driver licenses be issued only to individuals who can prove that their presence in the U.S. is authorized.

When is Proof of Authorized Presence Required?

Applicants must provide documentation meeting the authorized presence requirements in each of the following situations:

• New applicant or applicant new to Montana – all new applicants, excluding those who are applying for an upgrade to a current Montana driver license, and all out-of-state transfer applicants
• Applicant applying after a revocation or cancellation – any person whose driver license has been revoked or cancelled
• Applicant whose driver license has expired and is beyond the grace period – any person whose driver license has expired and is beyond the three-month grace period

Please check the list of documents accepted as proof of authorized presence. The Motor Vehicle Division does not accept out-of-state driver licenses or identification cards as proof of authorized presence.

When is Proof of Authorized Presence Not Required?

Proof of authorized presence is not required in the following situations:

• License renewal – applicants renewing their existing Montana driver license six months before or within three months after the expiration date
• Commercial upgrades – individuals who apply for an upgrade to a current Montana driver license
• Replacement (duplicate) license – any applicant applying for a replacement of a valid license
• Reinstatement of a suspended license – any individual whose existing Montana driver license has been suspended and reinstated again

Beginning July 1, 2006, a driver license issued to a person who is a foreign national and whose presence in the U.S. is temporarily authorized must expire no later than the expiration date of the official document issued to the person by the U.S. Immigration and Naturalization Service (USINS).

Accepted Documents

Montana accepts the following documents as proof of authorized presence:

• an original or certified copy of a birth certificate issued by a U.S. or Canadian jurisdiction. (To obtain a certified copy of your birth certificate, contact the vital statistics agency in the state you were born in.)
• a valid, unexpired passport issued by the U.S. State Department or Canadian jurisdiction
• a valid, unexpired passport issued by a jurisdiction other than the U.S. or Canadian jurisdiction with:
  • an attached U.S. Immigration and Naturalization Service (INS) record of arrival and departure (form I-94) (same name with an unexpired endorsement of the alien's nonimmigrant status)
    OR
  • an unexpired resident alien I-551 stamp
• a valid, unexpired certificate of naturalization (form N-550, N-570, N-578)
• a valid, unexpired certificate of citizenship (form N-560, N-561, N-645)
• a valid, unexpired Northern Mariana card (form I-551) with "Northern Mariana" imprinted instead of "resident alien"
• a valid, unexpired American Indian card (form I-551) with "American Indian" imprinted instead of "resident alien"
• a valid, unexpired U.S. Citizen identification card (form I-179 or I-197)
• a valid, unexpired Resident Alien card (form I-551)
• a valid, unexpired temporary resident identification card (form I-688)
• a valid, unexpired U.S. re-entry permit (form I-327)
• a valid, unexpired refugee travel document (form I-571)
• a valid, unexpired employment authorization card (form I-688A, I-688B or I-766)
• a valid, unexpired record of arrival and departure, stamped "refugee" (form I-94) without a valid passport but stamped "refugee" with a photo affixed
• a digital identification card issued to the applicant by a federally recognized Native American Tribe whose reservation is located in Montana, that contains a digitized image of the applicant, the applicant's date of birth and tribal enrollment number