Section 1030.6  Procedure for Obtaining a Visa Status Temporary Visitor's Driver's License Pursuant to IVC Section 6-105.1(a)

a)         Any foreign national who wishes to obtain a temporary visitor's driver's license (TVDL), pursuant to IVC Section 6-105.1(a), shall go to one of the designated TVDL Secretary of State Driver Services Facilities located throughout the State. An application form, provided by the Secretary of State pursuant to IVC Section 6-106, shall be completed by the applicant. The questions contained on the application form are provided in Appendix A. The applicant shall also provide a Driver Services Facility employee with acceptable forms of identification described in Appendix B to establish the applicant's name, date of birth, signature for comparison, Illinois temporary residency, and authorization of legal presence in this country. The applicant shall also provide a government-issued photo identification document and shall affirm under penalty of perjury that the applicant is at the time of application ineligible for a social security number.

b)         Except as otherwise provided, a TVDL shall only be issued to an individual who is authorized to reside in this country for one or more years and has at least six months of authorized presence remaining at the time of application. Individuals currently holding a TVDL who have been granted a temporary extension to remain in this country pending a decision on a request for a status change, upon presentation of documents issued by USCIS, may be issued a TVDL for the period of the temporary extension.  Applicants who are citizens from a country that has been designated for temporary protected status by the United States Department of Homeland Security and who were not in the United States at the time temporary protected status was designated are exempt from the provisions of this paragraph.

c)         The applicant shall take the following tests as required in IVC Section 6-109:

1)         A vision test as provided in Sections 1030.70 and 1030.75;

2)         A road test, if required, as provided in Section 1030.85 (exemptions to the road test requirement are provided in Section 1030.88); and

3)         A written test, if required, as provided in Section 1030.80.

d)         Applicants who are 16 or 17 years of age and not legally emancipated by marriage shall not be issued a TVDL without the written consent of the applicant's parent, legal guardian or other responsible adult, regardless of whether the required written consent also accompanied the person's previous application for an instruction permit and, in accordance with IVC Section 6-107(b), the applicant has:

1)         Held a valid instruction permit for a minimum of 9 months;

2)         Passed an approved driver education course and submitted proof of having passed the course as may be required;

3)         Submitted, on a form prepared or approved by the Secretary of State, certification by the parent of the applicant, the legal guardian having custody of the applicant, or, in the event there is no parent or legal guardian, by another responsible adult, that the applicant has had a minimum of 50 hours, at least 10 hours of which have been at night, of behind-the-wheel practice time and is sufficiently prepared and able to safely operate a motor vehicle. The 50 hours shall be in addition to the required hours spent with a driver education instructor. The person completing the certification shall, upon signing the certification, swear under penalty of perjury that everything contained within the certification is true and correct.

e)         Applicants who are 18, 19 or 20 years of age who have not previously been licensed and who have not successfully completed an approved driver education course or the classroom portion of an approved driver education course shall not be issued a TVDL unless the applicant has successfully completed an adult driver education course offered by an adult driver education course provider and proof of that completion has been submitted to the Secretary by the adult driver education course provider.

f)         Each TVDL applicant shall have a photograph taken, unless exempted by Section 1030.90.

g)         A TVDL shall only be issued in Class D, L or M, as established in Section 1030.30.

h)         A temporary driver's license shall be issued at the facility upon completion of all the requirements of this Section and IVC Chapter 6.  Upon successful completion of verification by the Secretary of State, which may include, but is not limited to, a facial recognition check of the applicant's image against the Secretary of State image database and verification of residency, the applicant shall be mailed a driver's license to the address provided by the applicant.

i)         Each original TVDL shall expire 3 years after the date of issuance or at the time the individual's authorization to remain in this country expires, whichever is earlier. However, the TVDL of an individual 81 years of age or older shall expire in accordance with IVC Section 6-115(g) or at the time the individual's authorization to remain in this country expires, whichever is earlier.

j)          Each renewal TVDL shall expire no more than 3 years after the expiration date of the current license or at the time the individual's authorization to remain in this country expires, whichever is earlier. However, the TVDL of an individual 81 years of age or older shall expire in accordance with IVC Section 6-115(g) or at the time the individual's authorization to remain in this country expires, whichever is earlier.

k)         The fees collected for the issuance of an original, renewal, duplicate or corrected TVDL shall be in accordance with IVC Section 6-118.

l)          Any person who wishes to renew a TVDL shall go to one of the designated Secretary of State Driver Services Facilities located throughout the State no more than 90 days before the expiration date of the current TVDL. An applicant for renewal shall comply with the provisions of subsection (a). The applicant shall also be retested in accordance with IVC Section 6-109.

m)        The Secretary of State shall not send a renewal notice to the holder of a TVDL.

n)         The design and content of a TVDL shall be in accordance with IVC Sections 6-105.1 and 6-110 and Section 1030.90. The license shall be distinctive in nature to identify it as a TVDL and shall contain the phrase "not valid for identification".

o)         Each TVDL issued to applicants under 21 years of age shall be in accordance with IVC Sections 6-107.3 and 6-110(e) and (e-1). A TVDL issued to an individual under the age of 21 years shall expire 3 years after the issue date or when the individual's authorization to remain in this country expires, whichever is earlier.

p)         A foreign national who is issued a TVDL shall not be required to surrender his/her foreign country driver's license.

q)         A Central Unit will be established within the Driver Services Department.  The responsibilities of this Central Unit shall be to provide assistance to Driver Services Facility employees responsible for the issuance of a TVDL and to individuals applying for a TVDL; resolve cases in which the USCIS was unable to provide first level verification via the Systematic Alien Verification for Entitlements (SAVE) Program of USCIS documents presented by TVDL applicants at the Driver Services Facility level; perform liaison services to USCIS; and provide written notification of an applicant's eligibility or ineligibility for a TVDL.

1)         When an applicant appears at one of the designated Driver Services Facilities and provides the necessary documents to prove identity and legal presence, a facility employee will begin the process by initiating an automated inquiry via the SAVE Program to verify the information on the USCIS documents. Upon receipt of a verification response from the SAVE Program, the facility employee will begin the TVDL application process. If the facility employee receives the response of "initiate additional verification", additional information is submitted to USCIS via the SAVE Program and copies of the applicant's documents are forwarded to the Central Unit for monitoring. The applicant will be advised that the applicant will receive written notification from the Central Unit regarding eligibility for a TVDL.

2)         A response to a second request for verification of USCIS documents via the SAVE Program generally takes 3 to 5 days. Upon receipt of a response from the second verification request via the SAVE Program, the Central Unit will send a letter to the applicant informing the applicant of eligibility or ineligibility for a TVDL.

3)         If the Central Unit receives a response of "Need Copies of Docs" from USCIS via the SAVE Program, a third, manual verification process must be completed. Photocopies of the documents submitted for identification, accompanied by a USCIS G-845 Form (request for verification of documentation of alien status), must be forwarded to USCIS in Chicago, Illinois. Upon receipt of a written response from USCIS, the Central Unit will send a letter to the applicant informing the individual of eligibility or ineligibility for a TVDL.

(Source:  Amended at 46 Ill. Reg. 16402, effective September 15, 2022)