2026 SESSION
ENROLLED
VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact §§ 46.2-328.1 , 46.2-328.3 , and 46.2-345.3 of the Code of Virginia, relating to limited-duration licenses and driver privilege cards and permits; expiration.
[H 911]
Approved
Be it enacted by the General Assembly of Virginia:
1. That §§ 46.2-328.1 , 46.2-328.3 , and 46.2-345.3 of the Code of Virginia are amended and reenacted as follows:
§ 46.2-328.1 . Licenses, permits, and special identification cards to be issued only to United States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas; exceptions; renewal, duplication, or reissuance.
A. 1. Notwithstanding any other provision of this title, except as provided in subsection G of § 46.2-345 , the Department shall not issue an original license, permit, or special identification card or a REAL ID credential to any an applicant who has not presented to the Department, with the application, valid documentary evidence that the applicant is either (i) a citizen of the United States, (ii) a legal permanent resident of the United States, (iii) a conditional resident alien of the United States, (iv) an approved applicant for asylum in the United States, (v) an entrant into the United States in refugee status, or (vi) a citizen of the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands, collectively known as the Freely Associated States. For the purposes of this section, "REAL ID credential" means a "Real ID Driver's License or Identification Card" as defined by 6 C.F.R. § 37.3, as amended.
2. Notwithstanding subdivision 1 or any other provision of this title, except as provided in subsection G of § 46.2-345 , the Department may issue an original license, permit, or special identification card that is not a REAL ID credential to an applicant who has presented to the Department, with the application, valid documentary evidence that a federal court or federal agency having jurisdiction over immigration has authorized the applicant to be in the United States. Such a license, permit, or special identification card may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the license, permit, or special identification card has been extended by a federal court or federal agency having jurisdiction over immigration. This subdivision does not apply to commercial driver's licenses or commercial learner's permits provided under § 46.2-341.12 .