Urgent note is regarding the new California driver’s license law enacted under Assembly Bill 60.

This law enables undocumented folks the opportunity to lawfully obtain a driver’s license. In the past few days, I have received phone calls and met with several clients who previously obtained a driver’s license through illegitimate means.

These clients simply want to know if they will get in trouble with the US Immigration Services if they now apply for a driver’s license at DMV.

The reality is that the DMV will ask if the applicant has ever applied for a driver’s license in the past and then can initiate a fraud investigation. What is more troubling to license applicants in this situation is that the US Immigration Services has access to DMV records and can use false claims of US Citizenship against the applicant if they ever choose to apply for Immigration benefits.

My advice is for applicants in this situation is to first get a CA Dept. of Justice (DOJ) Live Scan to investigate what appears on his or her live scan record and then consult with an Immigrant Attorney to determine what Immigration consequences they may face if they made false claim to US Citizenship when they first obtained an illegitimate license. The Immigration Attorney would then be able to recommend whether the applicant should see a Post Conviction Attorney to clean up his or her record.

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