2018 Kentucky Revised Statutes CHAPTER 186 - LICENSING OF MOTOR VEHICLES, OPERATORS, AND TRAILERS .4121 Instruction permit or operator's license application for non-United States citizen or permanent resident -- Immigration status and personal identity documentation and verification -- Renewal or duplicate license -- Term of license. (Effective January 1, 2019)
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186.4121 Instruction permit or operator's license application for non-United
States citizen or permanent resident -- Immigration status and personal
identity documentation and verification -- Renewal or duplicate license -Term of license. (Effective January 1, 2019)
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As used in this section, "applicant" means a person who is not a United States
citizen and has not been granted status as a permanent resident of the United
States.
An applicant shall apply for an instruction permit or operator's license to either
the Transportation Cabinet in Frankfort or a Transportation Cabinet field office.
An applicant under this section shall complete the application identified in KRS
186.412, along with other documents required under this section. The cabinet
shall keep an electronic copy of the documentation submitted with the
application and shall capture a photograph of the applicant in accordance with
KRS 186.4102(1)
The application form under this section shall be accompanied by the
applicant's documentation issued by the United States Department of
Homeland Security, United States Bureau of Citizenship and Immigration
Services, authorizing the person to be in the United States and, if applicable,
the applicant's international driving permit. The Transportation Cabinet shall
verify the information submitted under this subsection through the Systematic
Alien Verification for Entitlements (SAVE) program.
The application form of a special status individual with a K-1 status shall be
accompanied by an original or certified copy of the applicant's completed
marriage license signed by the official who presided over the marriage
ceremony and two (2) witnesses. The application form of a special status
individual with a K-1 status shall also include the applicant's petition to enter
the United States for the purpose of marriage that contains the name of the
prospective spouse. If the name of the prospective spouse on the petition does
not match the name of the spouse on the marriage license, the Transportation
Cabinet shall not be required to issue an operator's license.
(a) The Transportation Cabinet shall verify and validate the immigration
status and personal identity of an applicant under this section through
federal government systems and databases.
(b) If an applicant's identity and immigration status is validated, the cabinet
shall capture a photograph of the applicant, and scan the required
documents into the cabinet's database.
(c) If the applicant successfully completes any examinations required under
KRS 186.480, or if an examination is not required, the Transportation
Cabinet shall present the applicant with a temporary operator's license or
instruction permit, which shall be valid for thirty (30) days until a
permanent operator's license or instruction permit is mailed to the
applicant.
(d) An applicant under this section shall only be issued a standard operator's
license or instruction permit.
(a) An applicant shall apply to renew an operator's license, or obtain a
duplicate operator's license, at the Transportation Cabinet in Frankfort or
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a Transportation Cabinet field office.
(b) If an applicant has any type of change in his or her immigration status,
the applicant shall apply to update the operator's license with either the
Transportation Cabinet in Frankfort or a Transportation Cabinet field office
within ten (10) days.
An applicant shall swear an oath to the Transportation Cabinet as to the
truthfulness of the statements contained in the form.
(a) Except as provided in paragraph (b) of this subsection, an initial or
renewal operator's license issued to an applicant who is not a special
status individual shall be valid for a period equal to the length of time the
applicant's documentation from the United States Department of
Homeland Security, United States Bureau of Citizenship and Immigration
Services, is valid, or eight (8) years, whichever time period is shorter.
(b) An initial or renewal operator's license shall be valid for a period of one
(1) year if the applicant is not a special status individual and the person's
documentation issued by the United States Department of Homeland
Security, United States Bureau of Citizenship and Immigration Services,
is issued for an indefinite period of time and does not have an expiration
date. The fee shall be the same as for a regular operator's license.
Effective:January 1, 2019
History: Created 2017 Ky. Acts ch. 100, sec. 3, effective January 1, 2019.
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