CR 23-042 Rule Text

18 18. A pending application for adjustment of status to that of an alien lawfully admitted in the United States for permanent residence or conditional permanent resident status.

19 19. A I-766, employment authorization document.

20 20. A U.S. department of homeland security/U.S. citizenship and immigration services refugee travel document, including Form I-512T.

21 21. A U.S. department of homeland security/U.S. citizenship and immigration services Form I-797, notice of action.

22 22. A U.S. department of state reception and placement program assurance form, accompanied by Form I- 94.

(Note) See s. 343.14 (2) (es), Stats.

e (e) The department shall not accept a hospital birth certificate, notification of birth registration, or baptismal certificate as proof of a person's name and date of birth.

_Hlk183446392 (5) (a) The department shall require two forms of proof that a person’s principal residence is in Wisconsin and the address of that residence prior to issuing a REAL ID compliant product. Neither proof may list a post office box or commercial receiving agency as the address, except as provided in par. (c). Each proof of the person’s principal residence shall include the person’s name and physical street address. Original documents shall be required unless copies or printouts of electronic documents are specifically allowed. Unless otherwise listed, proof of residence documents shall be no more than one year old. Any of the following shall be considered proof of residence:

23 23. A Wisconsin driver license that is not expired by more than 8 years.

24 24. A Wisconsin identification card that is not expired by more than 8 years.

25 25. A utility bill addressed to the applicant for water, gas, electric, cable TV, internet service, or telephone service, including bundled services. Printouts of electronic documents are acceptable.

26 26. An applicant’s paycheck, paystub, payroll statement, or earning statement that includes the employer's name and address. Printouts of electronic documents are acceptable.

27 27. An account statement for an account held by and addressed to the applicant from a bank, credit union, savings and loan, financial institution, or brokerage house. Printouts of electronic documents are acceptable.

_Hlk183446350 28. A deed, title document for a mobile home, mortgage, or a rental or lease agreement that includes the landlord's name and phone number. A rental or lease agreement of any age is acceptable during the initial rental or lease term. Renewal or extension of a rental or lease agreement that is more than one year old may not be considered under this subdivision. Photocopies are acceptable.

29 29. Current homeowner's, renter's, or motor vehicle insurance policy, or proof of insurance or billing statement dated within one year of the application.

30 30. Government-issued correspondence or product issued to the applicant that is not described in another subdivision of this paragraph, that was issued by a federal, state, county, or municipal agency within the one year period preceding the application, except Quest or Forward cards. Certified copies are acceptable.

31 31. A valid Wisconsin hunting license or concealed carry permit issued to the applicant.

32 32. Department of corrections documentation, such as letters from probation or parole agents to the applicant on official letterhead.

33 33. A certified school record or transcript.

34 34. College enrollment documentation or U.S. department of homeland security Form DS 2019, certificate of eligibility for exchange visitor (J-1).

35 35. An unexpired photo identification card issued to the applicant by a Wisconsin accredited university, college, or technical college.

36 36. An employee photo identification card issued to the applicant by the applicant’s current employer.

37 37. A letter from a homeless shelter or a social service organization providing services for homeless individuals. The letter must identify the individual, include the physical address of the location designated as the person’s residence, be on the organization or shelter letterhead or stationery, and be signed by a person affiliated with the organization or shelter.

38 38. For a person 26 years or younger, a Wisconsin driver license or identification card for a parent or guardian of the applicant, provided the parent or guardian’s address on their proof and on department records matches the address provided for the applicant.

39 39. For a federal judge who requests a product listing the judge’s courthouse address under s. Trans 102.04 (10), official federal government identification that verifies the judge’s name and status as a federal judge. The judge shall also provide the courthouse address to be used on the product in lieu of the judge’s residence address. This identification may be required for each renewal or reissuance of the product if the courthouse address will be used on the renewed or reissued product.

40 40. For a person enrolled in the state address confidentiality program under s. 165.68, Stats., a copy of the person’s safe at home program card.

b (b) Any person applying for a REAL ID non-compliant product must provide proof of residence meeting the requirements of par. (a).

c (c) The department shall maintain a list of locations where the U.S. postal service will not deliver U.S. mail to a residence address. A person residing in such a location shall provide the person’s official U.S. postal service station P.O. box address for delivery of the product.

d (d) If a person’s product is returned to the department by the U.S. postal service, the department shall consider the mailing address provided in the person’s application to be incorrect, in which case the department may do one of the following:

1 1. Remail the product to that same address. This option may not be exercised more than one time to a given address. If the U.S. postal service returns a product a second time, the address provided in the application shall be considered invalid and the application must be processed in accordance with subd. 2.

2 2. If the product is an original product, the department shall cancel and destroy the product and require resubmission of proofs of residence in accordance with par. (a). If the product is a duplicate or renewal product, the department shall hold the product for 30 days, then cancel and destroy the product if the applicant does not contact the department to obtain the product.

6 (6) (a) The department shall collect a REAL ID compliant product applicant’s social security number and verify the social security number with the U.S. social security administration prior to issuance of any

product. Nonresidents of the U.S. who lack work authorization and a social security number may provide alternative proof as provided in par. (b) for issuance of a REAL ID compliant product, except for a commercial driver license.

b (b) An applicant for a REAL ID compliant product, except an applicant for a commercial driver license, who has no social security number, has been admitted into the United States from another country, and lacks authorization to work in the U.S., may present a foreign passport, a visa to enter the U.S. affixed in that passport, and the approved I-94 form documenting the applicant’s most recent admission into the United States.

c (c) A person who applies for a REAL ID non-compliant product is required to provide a social security number, unless the applicant does not have a social security number and is not eligible for a social security number and submits a statement on a form provided by the department and subscribed under oath or affirmation or witnessed by a division of motor vehicles customer service representative that the applicant does not have a social security number and is not eligible for a social security number.

(Note) See s. 343.14 (2) (br), Stats.

d (d) 1. The department shall verify an applicant’s social security number with the U.S. social security administration or through another method approved by the U.S. department of homeland security that the social security number presented as part of a REAL ID compliant product application is registered to the applicant.

2 2. If the social security number is not verified under subd. 1., the department may not issue a product to the applicant, delay issuance of a product if verification cannot be completed at the time of application, or cancel a product if verification is requested after product issuance and the applicant does not provide verification. The applicant may consult with the U.S. social security administration to determine the reason for that agency’s refusal to verify the applicant’s social security number. Upon resolution with the U.S. social security administration, the person may resubmit an application for verification by the department without additional fees.

3 3. The department shall verify the legal status of an applicant who is exempt from providing a social security number under par. (b) prior to issuing a product to the person. The department shall verify the applicant’s I-94 form and any document used as proof of identity or proof of lawful admission into the United States that has been issued by the department of homeland security. If the applicant presents multiple documents issued by department of homeland security, and the department is able to verify one document, the additional documents do not need to be verified.

(Note): 6 CFR 37.13 (b) (1).

4 4. The department may not issue a product to an applicant if the department of homeland security does not verify the applicant’s legal status as provided in subd. 3. The department shall refer the applicant to the

U.S. citizenship and immigration services to determine the reason for that agency’s refusal to verify the applicant’s legal status. Upon resolution with the U.S. citizenship and immigration service, the person may resubmit an application for a product to the department for verification without additional fees.

5 5. The applicant shall present the examiner the applicant’s original social security card or other documentation satisfactory to the department for verification, notwithstanding other provisions in this subsection, when any of the following apply:

a a. A duplicate social security number is found on the department's driver files and assigned to another person.

b b. The social security number provided on the applicant's current application does not match the number provided by the applicant on a previous application that is recorded on the applicant's driver file.

c c. The social security number does not match the format of social security numbers issued by the U.S. social security administration.

d d. The department is advised by a state, federal, or local government agency that the social security number provided by the applicant is suspected to not belong to the applicant, to have been used by multiple persons, or to have been assigned to a person other than the applicant.

(Note) See s. 343.165 (3) (c), Stats., 6 CFR 37.11 (e) (2) and 37.13 (b) (2).

e (e) The department may issue a special number, in lieu of the social security number, to identify an applicant who does not have an existing driver file in Wisconsin and was issued an original instruction permit when the applicant has not been issued a social security number or the applicant's social security number is not available. The applicant is required to provide their social security number on any subsequent application following the original issuance of the instruction permit.

8 (8) The department may issue a temporary driver receipt for operation of Class D or M vehicles to a person who is temporarily unable to meet the identification requirements of sub. (3). The temporary driver receipt shall state the date of issue, shall be clearly marked “NOT VALID FOR IDENTIFICATION," and shall be

validated for the operation of a vehicle for a stated period of up to 60 days from the date issued. The person may complete their operator’s license application within this period by presenting proof of the person's name and date of birth in accordance with sub. (3) (a). For good cause shown, the department may renew the driving receipt once for an additional period of no more than 60 days.

This subsection applies only to persons who meet all of the

following:

a (a) Were previously issued an operator’s licensed in another jurisdiction and surrendered the operator’s license to the department.

b (b) Are unable to immediately provide proof of name and date of birth in accordance with sub. (3) (a), but state they will be able to do so.

c (c) Submit an otherwise complete and acceptable application, including the proof of identity required by sub. (3) and social security number required by sub. (6).

(Note) Form MV3432, Receipt.

9 (9) The department may require additional documentation or proof of identity beyond the minimum requirements of this section from an applicant if the department has been notified that the applicant may be a victim of identity theft or if the applicant has provided documentation to the department that could not be verified.