KRS § 186.4121 — KY Code / Title XVI / Chapter 186 / Section 186.4121
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
Status: in_force

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.

(1) As used in this section, "applicant" means a person who:

(a) Is not a United States citizen;

(b) Has not been granted status as a permanent resident of the United States; and

(c) Does not meet the minimum requirements for federal recognition in Section

202 of the REAL ID ACT of 2005, as amended, in 49 U.S.C. sec. 30301 note,

and has not been admitted to the United States as a nonimmigrant pursuant to

a compact of free association between the United States and the Republic of

the Marshall Islands, the Republic of Palau, or the Federated States of

Micronesia.

(2) 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)

(3) 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.

(4) 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.

(5) (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.

(6) (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 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.

(7) An applicant shall swear an oath to the Transportation Cabinet as to the truthfulness

of the statements contained in the form.

(8) (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.