Practice Pointer for the Lawful Presence Requirement to Obtain a Massachusetts Driver’s License

The Massachusetts Registry of Motor Vehicles (RMV) has revised its normal operating procedures for issuing driver’s licenses and identification documents as a result of the COVID-19 pandemic. This includes limiting the number of in-person interviews and automatically extending licenses/ID in a limited number of circumstances.

The Commonwealth of Massachusetts requires that all foreign nationals be lawfully present in the United States to receive a state-issued driver’s license. The definition of “lawfully present” for this purpose can be found in the RMV Motor Vehicle Regulations. The RMV must verify a person’s lawful status through SAVE (Systematic Alien Verification for Entitlements). Not every foreign national who is lawfully present in the United States for immigration purposes is eligible for a driver’s license. For example, foreign nationals who have an extension of status petition in process or a visa status validity of less than 12 months may not be able to apply for/renew their driver’s license. Additionally, certain foreign nationals may be issued a driver’s license that is valid until the expiration of their current status as opposed to the standard five years.

Prior to applying for or renewing a driver’s license, foreign nationals should confirm that they are considered lawfully present in the United States based on the Massachusetts RMV regulations. Information about the SAVE system are on the USCIS website. Foreign nationals who are already in SAVE but have not been fully verified by the system can check the status of their case here. Please note that the RMV cannot correct errors in SAVE.