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The Week in Review
April 9, 2007

Wisconsin Legal Presence Law Now In Effect for DL/ID Applicants

The Wisconsin State Legislature passed Act 126, more commonly known as the legal presence law. As of April 1, 2007, this act requires that all applicants for any type of driver's license or identification card (DL/ID) must certify on their application whether they are a citizen of the United States, permanent or conditional resident, or a temporary non-immigrant visitor.

All applicants for their original (first) Wisconsin DL/ID and all applicants for a renewal, duplicate, reissue, amend, reinstatement or change of authority Wisconsin DL/ID who certify on their application that they are permanent or conditional residents or temporary non-immigrant visitors must provide acceptable proof of legal presence in the United States.

All applicants for a renewal, duplicate, reissue, amend, reinstatement or change of authority Wisconsin driver's license or ID card who certify on their application that they are U.S. citizens must provide acceptable documentary proof of legal presence in the United States only if they do not have a Social Security Number on record that was or can be verified through Social Security Online Verification (SSOLV).

The Legal Presence law should not be confused with Real ID, a federal law set to go into effect in May 2008. Wisconsin's legal presence law is not Real ID; it is just one requirement of Real ID. In order for Wisconsin to be compliant with Real ID, legal presence must be in place.

For a complete list of acceptable documents for proof of residency, visit the Wisconsin Department of Transportation online, and click on "legal presence law."


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