Florida Driver’s Licenses Issued to Individuals With Approved I-601A Provisional Waivers

The Florida Department of Highway Safety and Motor Vehicles (“FLHSMV”) regularly publishes a list of documents that it will accept as proof of immigration status in connection with an application for a Florida Driver’s License. The list of acceptable documents was recently revised to include individuals who are the beneficiaries of approved I-601A, provisional unlawful presence waiver applications. The required documents are a valid passport and I-94 (if available) and the approval notice of the I-601A. The license will be issued for one year from the date of driver license or identification card issuance.

On March 4, 2013, U.S. Citizenship and Immigration Services (USCIS) began accepting I-601A provisional unlawful presence waiver applications. Under the provisional waiver process, certain immediate relatives of U.S. Citizens who will be subject to the unlawful presence bar can apply for a waiver and await its adjudication before they have to depart the U.S. Once the provisional waiver application is approved, the applicant must still depart the U.S. and attend a consular interview abroad, before an immigrant visa can be issued. However, the new process lessens the length of separation and encourages family unity while the waiver application is pending.