FAQ AB 60 Driver's License

Q: What is an AB 60 driver license?

A: Assembly Bill (AB) 60 was signed into law in 2013. By this legal document the Department of Motor Vehicles (DMV) is allowed to issue an original California driver's license to any California resident who is otherwise eligible for a driver's license, without paying attention to the individual's immigration status. In other words, California residents who DO NOT have satisfactory proof of lawful immigration status can now receive an AB 60 driver's license.

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Q: When will the AB 60 driver's license become available?

A: Applications for AB 60 driver license are accepted starting from January 1 st, 2015.

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Q: How can I use my AB 60 driver license?

A: AB60 driver license CAN be used:

  • to drive;
  • to identify yourself to police officers.

AB60 driver license CANNOT be used:

  • as evidence of eligibility for public benefits;
  • as evidence of eligibility to vote;
  • as work authorization.

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Q: Can the law enforcement officers treat an AB 60 driver license holder differently?

A: State and local law enforcement agents/officers are prohibited from using an AB 60 driver license "to consider an individual's citizenship or immigration status as a basis for investigation, arrest, citation or detention."

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Q: Does AB 60 contain protections from discrimination?

A: Yes. Businesses, employers, landlords, government agencies or officials may not discriminate against someone because he or she holds or presents an AB 60 license. This includes state and local law enforcement officials. The Drive CA Coalition will be monitoring statewide to identify and address discrimination.

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Q: Does AB60 driver's licenses look different than a regular driver's licenses?

A: An AB 60 driver license has a visible distinguishing feature: "Federal Limits Apply" in the top right hand corner. The back of the card includes a statement "not valid for official federal purposes." Otherwise, the license looks the same as the regular driver's license.

AB60 driver’s licenses

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Q: What documents do I need to provide to get an AB 60 driver license?

A: Every applicant needs to 1) prove his or her identity, 2) prove residency in the State of California, and 3) meet all other licensing requirements, such as passing the driver license knowledge exam and behind-the-wheel driving exam.

For example: The Mexican Consular ID from 2006 and 2014 and the Mexican passport from 2008 or later will be accepted as identification. For more information about proof of identity and residency please visit this link

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Q: How much the AB 60 driver license cost?

A: The AB 60 driver license costs the same as other driver's licenses. For more information about DMV fees, please visit this link

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Q: What type of driver license can I get with an AB 60?

A: AB 60 allows you to apply for all non-commercial drivers licenses offered through the DMV. This includes Class C (most cars), Class M1/M2 (motorcycles), Noncommercial Class A or B (travel trailers, some RVs).

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Q: Where can I get an AB60 driver license?

A: Applicants applying for a driver license under AB 60 can now make an appointment online, on the DMV Now iPhone/ Android applications or by phone at 1-800-777-0133, or visit a DMV office.

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Q: What should I do to get AB60 driver license?

A:

  • Study for the driver license knowledge test;
  • Make an appointment before visiting a DMV office (walk-ins are only accepted at the Driver License Processing Centers);
  • Complete a driver license application form (DL 44) available at the DMV office;
  • Under AB 60, applicants will need to provide DMV with:
  • Pass a vision test, knowledge test, and if applicable, a road sign test;
  • Give a thumb print;
  • Have a picture taken;
  • Schedule a future appointment for the behind-the-wheel driving test, if applicable.

Applicants under 18 applying for AB60 driver license will also need to submit proof of driver education completion.

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Q: Where I can get the California Driver Handbook?

A: For information about the California Driver Handbook, please visit this link

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Q: Can I pass the written test in Spanish?

A: Yes, the written test is offered in a number of different languages. For more information please visit this link

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Q: How can I practice for the driving test?

A: After you apply for an AB 60 driver license, you will be issued a permit to practice driving with another licensed driver in the car. Your friends and family can help you practice or you can enroll in paid driving classes.

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Q: How many chances do I have to pass the written test or the road test?

A: You have three chances to pass each test. However, if you do not pass you should use available resources to prepare before retaking the test.

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Q: Is the information I provide to the DMV confidential?

A: The documents you provide to the DMV to prove your identity, name, residency, and age are not a public record and the DMV may not disclose this information, except when requested by a law enforcement agency as part of an investigation.

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Q: Will the information I provide be shared with the Immigration and Customs Enforcement (ICE)?

A: The San Diego SSA/DMV Committee, in conjunction with the San Diego ICE ERO Committee, has received clarification pertaining to AB 60 information sharing between the CA DMV and ICE. At this time, DMV Sacramento has confirmed there is no intent to proactively share information with ICE pertaining to an individual’s immigration status, or lack thereof. However, DMV will share information in the event such information is specifically sought.

Locally, ICE has confirmed that there is no intent to request such information from the CA DMV at this time or in the foreseeable future. The San Diego SSA/DMV Committee is awaiting information from the fellow CA chapters regarding local ICE policies throughout the state with regards to this issue. Additional information will be provided as it becomes available.

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Q: How can I prove that my identity information is legitimate?

A: The identification documents submitted by the applicant to the DMV must be authentic. If for some reason submitted documents look suspicious, the DMV reserves a right to ask for more evidence of the applicant's identification.

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Q: Is a Social Security Number mandatory for AB 60 driver license?

A: No. AB 60 applicants complete the same driver's license form - DL 44 - as any other driver's license applicant. As part of the form, there is a question about a Social Security Number (SSN).

Is a Social Security Number mandatory for AB 60 driver license?

If you have been issued a valid social security number by the Social Security Administration, you should enter it on the form. If you have never been issued a social security number, you should check the box on the application that indicates this. Do not use a false social security number or one that was not issued to you by the Social Security Administration.

DMV has the authority to verify each SSN with the Social Security Administration and possession of a false SSN may be prosecuted in accordance with the federal laws.

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Q: Is it possible to get a temporary driver's license pending verification of the documents?

A: Yes, DMV will issue a temporary driver's license valid for up to 60 days provided there is no other cause for refusal pending the verification of the documents submitted by the applicant to establish identify and California residency.

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Q: Is AB 60 driver license available only to those who are unlawfully present in the U.S.?

A: No. Even those individuals who are lawfully present in the U.S. may be unable to provide satisfactory proof of legal presence according to DMV standards. In fact, U.S. federal immigration laws and DMV regulations are quite different in this respect and there are many instances where an individual lawfully present in the U.S. cannot prove legal presence to the satisfaction of the DMV. See examples below.

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Q: Which categories of individuals lawfully present in the U.S. can apply for AB 60 if they are unable to obtain a regular driver's license?

A: Those individuals who are lawfully present in the U.S. but who are unable to provide satisfactory proof of U.S. legal presence according to DMV regulations may benefit from AB 60 driver's license. Under immigration laws, there are many categories of individuals who are lawfully present in the U.S. but who do not have the documentation required by the DMV. The only proof these individuals have is often times a receipt notice issued by USCIS showing that their extension/change of status is pending or that their case was accepted for adjudication. According to the DMV, receipt notices issued by USCIS do not represent sufficient proof of legal presence in the U.S.

Individuals following under the categories below could now apply for AB 60 driver license if they are unable to provide documentation to the DMV for a regular driver's license:

  • Employment Authorized Individuals with Timely Filed Extensions of Stay

Certain classes of persons are authorized to remain in the U.S. and to continue work for their employers past the expiration dates on their I-94 (the document by which the authorized period of stay is normally determined) if timely extensions of stay were filed on their behalf. Specifically, such persons continue to maintain a lawful period of stay for no more than 240 days from the day their stay has expired. This category applies to those in E-1/E-2, H, J-1, L-1, O-1, P, R, TN, A-3, G-5, and I visas. A Receipt Notice issued by USCIS showing a timely filed extension serves as evidence of those individuals' lawful presence in the U.S.

  • All Other Nonimmigrant Classifications with Timely Filed Extensions or Change of Status Applications

All other nonimmigrant visa holders can stay in the U.S. while their petition for extension or change of status is pending as long as such application was filed before the expiration of these individuals' authorized period of stay in the U.S. A Receipt Notice issued by USCIS showing a timely filed extension/change of status application serves as evidence of those individuals' lawful presence in the U.S.

  • Adjustment of Status Applicants

Individuals with properly filed applications for adjustment of status (green card) may remain in the U.S. while the application is pending even if their legal nonimmigrant status has expired. According to the DMV policy, in order to get a regular driver's license you need to present either a valid I-94 record or a permanent resident card, which leaves many individuals with pending green card without the means to obtain a driver's license. Now, these individuals may choose to apply for AB 60 driver's license.

  • Lawful Permanent Residents with Pending Applications to Remove Conditions on Residence

Certain U.S. Lawful Permanent Residents (LPR) first obtain conditional green cards, for example if the green card was granted based on the marriage with a U.S. citizen that was less than 2 years in length. These LPR will need to file I-751 Form with US Citizenship and Immigration Services (USCIS) to remove the conditions on residence before the expiration of the 2 years. While such application is pending, the individuals are still considered to be permanent residents in the U.S. but the only proof they have is the Receipt Notice of the properly filed Form I-751 with USCIS. While the Receipt Notice specifically states that LPRs may continue to remain in the U.S., travel overseas and work for U.S. employers for the duration of the adjudication of the case, it is not treated by the DMV as sufficient proof of permanent residence.

  • Asylum Applicants

Individuals with properly filed asylum applications do not accrue unlawful presence and can remain in the U.S. for the entire duration of the application's adjudication. Those applicants whose I-94 has already expired and who did not possess EAD had no means to get a driver's license under DMV regulations before AB 60.

  • Temporary Protected Status

Individuals with TPS are considered to be in lawful status at the time TPS is granted. TPS holders can apply for EAD but are not required to do so.

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