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General Questions and
Answers: |
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Q: |
Are
the documentation requirements now the same for regular IDs as
for non-commercial Drivers’ Licenses and permits? |
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Yes. |
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Q: |
Are
any documents required for routine renewals of Drivers’ Licenses
and IDs? |
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No. |
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Q: |
What
documents are required when a customer who has a regular (not
Alternative) New Mexico ID applies for a driver’s license? |
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1)
If the ID was issued before October 1, 2007, the same
documentation will be required as for any other new DL
application. The ID card may be used as the required proof of
the applicant’s identity.
2) If the ID was issued on or after October 1, 2007, the same
proof of identification number, identity and New Mexico
residency was required as for a driver’s license, so no new
documentation should be required for issuance of a DL. |
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Q: |
If
an applicant has a state issued instruction permit and is now
applying for a provisional license, must the applicant submit
new proof of identification number, identity and New Mexico
residency? |
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No.
We accept exchange of a state-issued permit for a provisional
license, or of a provisional for a regular, non-commercial
license, as a renewal that does not require new documentation of
identification number, identity and residency. |
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Q: |
Must
we require new proof of identification number, identity and New
Mexico residency from an individual who has a New Mexico (or
other) driver’s license, permit or ID card that expired more
than a year ago? |
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Yes.
The rule is clear that a license, permit or ID is only
acceptable “as long as it has not been expired more than one
year.” |
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Questions and Answers re Proof
of Identification Number and Identity: |
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Q: |
A
“Social Security Number Verification” printout available from
the Social Security Administration (SSA) states affirmatively
that a particular SSN is assigned to a particular individual.
May we accept the verification printout instead of a Social
Security card, as the only document required for proof of
identification number? |
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Yes. |
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Is a Social
Security card that includes restrictive language, such as “NOT
VALID FOR EMPLOYMENT” or “VALID FOR WORK ONLY WITH DHS
AUTHORIZATION” acceptable as proof of identification number?
If so, is any supporting documentation required? |
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Yes. Any valid
Social Security card, with or without restrictions, satisfies
the requirement that an applicant who is eligible for a Social
Security number (SSN) must produce his or her Social Security
card or other acceptable verification of the applicant’s SSN.
No. No supporting documentation is required. |
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Q: |
Should an applicant
who presents a Social Security card that includes restrictive
language, such as “NOT VALID FOR EMPLOYMENT” or “VALID FOR WORK
ONLY WITH DHS AUTHORIZATION” be treated as a foreign national? |
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No. An individual
with a valid Social Security number should never be processed as
a foreign national. |
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Q: |
How
many documents must an individual who is not eligible for a
Social Security number produce as proof of identification
number? |
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A: |
One
– a Matricula Consular or passport, as described in the chart,
or an ITIN accompanied by a Matricula Consular or passport. |
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Q: |
If
the individual submits an ITIN (card or letter) accompanied by a
Matricula Consular, must the Matricula have been issued after
February 1, 2005, by the Mexican Consulate in Albuquerque or El
Paso? And if the ITIN is accompanied by a passport, must the
passport be a valid passport issued by the individual’s country
of citizenship? |
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Yes
and yes. |
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Given that either the Matricula Consular or the passport is
acceptable by itself, is there any reason for a customer to
present, or for us to accept, an ITIN with a Matricula or
passport as proof of ID number? |
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Yes.
The acceptable documents rule and statute (Sec. 66-5-9B NMSA
1978) require that we accept the ITIN as proof of identification
number. Therefore, if the customer presents an ITIN card or
letter, accompanied by a valid passport or a Matricula Consular
issued after February 1, 2005 by the Mexican Consulate in
Albuquerque or El Paso, as his proof of identification number,
that is the number we will accept as his
identification number. |
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Q: |
A
customer has a current New Mexico ID card, with a created social
security number, and wants to renew the ID or apply for a
driver’s license. Must the customer now provide proof of Social
Security number? |
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A: |
Yes.
We will no longer issue regular ID Cards without a SSN except to
a foreign national who presents a current, valid passport or
Matricula Consular, or an ITIN accompanied by a Matricula
Consular or passport. |
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Q: |
Can
we accept a current visa, authorizing a foreign national to
travel to the United States, as proof of identity? |
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Yes,
as long as it has a photograph of the applicant, the visa would
qualify as an identification card issued by the U.S. government. |
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Q: |
Does
a W-2 Form qualify as a statement from a federally regulated
financial institution for proof of Social Security number? |
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No.
A W-2 Form is an income statement from an employer. It is not a
statement from a federally regulated financial institution (i.e.
a bank or insurance company). Even if the employer was a bank,
the W-2 would not qualify, because the employer produces the
statement as an employer, not as a financial institution. |
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Q: |
A
notarized English translation is required for a (other than
English language) foreign birth certificate. If we have agents
who are able to read Spanish, must we still require a notarized
English translation of a Spanish-language birth certificate? |
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Yes. |
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Q: |
Can
the translator and the notary public who notarizes the
translation be the same person? |
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No.
It may be useful to refer to the Secretary of State’s web pages
for New Mexico notaries at
http://www.sos.state.nm.us/sos-notary.html. It is
specifically stated there that, “Notaries should not notarize
documents on which they are a signer or in which they are
named,” and that, “A notary cannot notarize his own signature.” |
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Q: |
Does
the notarized English translation of a foreign birth certificate
have to be a full and complete translation, or may it include
only the pertinent details? |
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We
cannot accept any translation that is not full and complete. It
is not up to the customer, translator or MVD agent to determine
what details are important. |
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Can we accept an “abstract” or
“abstract translation” of a foreign birth certificate? |
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No. The rule requires that the
birth certificate be a translated into English and notarized. In
order to allow an abstract, we would need to amend the
regulation allowing an abstract and then also defining what the
abstract must contain. |
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Q: |
Can
you be clearer as to what constitutes a “full and complete”
translation of a birth certificate? |
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Yes.
The presence and location of seals should be noted, as should
all signatures, but the seals themselves need not be translated.
All other language on the certificate must be translated. |
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Q: |
To
be acceptable as proof of identification number, must a foreign
passport be stamped to show legal entry into the United States? |
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No.
Any current, valid passport is acceptable. We do not require
proof of legal entry into the U.S. |
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Q: |
Can
we accept a hospital-issued birth record instead of a birth
certificate? |
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No.
A hospital birth record is not a birth certificate. |
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Q: |
Can
we accept a form FS-240 Report of Birth Abroad as proof of
identity? |
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A: |
Yes.
The FS-240 report is acceptable, as are similar reports numbered
FS-545 and DS-1350, if they are in English or translated into
English. |
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Q: |
Customer has lost his DL and needs a replacement. Does he need
to bring in his Social Security card to verify his SSN? We’ve
been requiring proof of residency – what about that? |
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A: |
As
long as we can verify the individual’s identity by looking at
the photo in his MVD 2.0 record, he doesn’t have to bring in
anything at all - not proof of residency, not SS card, no
documentation at all. |
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Q: |
Are
we allowed any flexibility in determining what documents can be
accepted as proof of identification number and identity? |
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No.
For proof of identification number and identity, MVD agents are
directed to accept only those specific documents that are
authorized by rule (18.19.5.12 NMAC,
as revised effective July 31, 2009); in the
chart that has
been provided, with any future updates; and/or in this Q&A. |
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Questions and Answers re Proof
of New Mexico Residency: |
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Q: |
How
recent do documents have to be to be acceptable as proof of
residency? |
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A: |
Residency documents must be no more than three months old. |
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Q: |
Can
two documents be used from the same source (e.g. the same
utility or community agency) to satisfy the requirement for two
proofs of New Mexico residency? |
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No. |
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Q: |
Can
we still use a marriage license with (otherwise acceptable)
documents in the name of the applicant’s spouse as proof of
residency? |
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Yes. |
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Q: |
We
may now accept documents from community and governmental
organizations “attesting to the fact that the applicant is a NM
resident.” Does that mean any document that includes the
applicant’s name and physical residence address? |
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No.
To attest to the applicant’s NM residency a document must make a
positive statement to that effect – e.g. “Applicant’s physical
residence address is 123 Anyroad, Anytown, NM 8xxxx.” Such a
statement is commonly available, for example, from a county
clerk or assessor for an applicant whose mailing address is a
postal rural route and box number. |
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Q: |
Is a Voter
Identification card issued by the New Mexico Secretary of State,
or a Wildlife Conservation License issued by the NM Department
of Game and Fish, acceptable as proof of New Mexico residency? |
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No.
Neither is included on the list of acceptable documents, and
neither “attests” to the residence address of the applicant. |
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Q: |
Applicant has an envelope mailed to him at his residence address
by a community or government organization, a utility or some
other organization. Can the envelope be accepted as proof of NM
residency? |
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No. |
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Q: |
Why
can’t we accept cell phone bills? |
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Because the rule is very clear and very specific that a cell
phone bill is not acceptable. |
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Can
we use a print out from a utility or from a bank? |
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Is
the “printout” a utility bill or a bank statement?
If so, yes. If not, no. |
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Q: |
What is a
bank statement? |
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A bank
statement is the (usually) monthly statement that comes to an
account holder from a bank as hardcopy either by mail or
electronically via the internet. It is a regular, periodic
statement of the account information, including beginning and
ending balance and all transactions over a period of time
(usually one month). It is not a computer screen printout
of new account information or history or a statement on bank
letterhead verifying the existence of an account. |
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Q: |
What
is required as “proof of a minor child enrolled in a New Mexico
public, private, or tribal school”? |
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Proof of enrollment generally consists of an affirmative
statement, in the form of a letter or standard form issued by
the school, that the individual is enrolled on a full-time
basis for the current academic period (usually school
year, semester or trimester). |
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Q: |
Can
such proof of enrollment be used as proof of NM residency for
the parent as well as for the child? |
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Yes,
if the parent’s name (as well as the child’s name) and the
residence address are included on the proof of enrollment
document. |
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Is
an official school or college transcript, signed and dated by
the registrar's office, acceptable as proof of enrollment? |
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No.
Not unless it clearly states that the student’s enrollment is
both current and full-time. Transcripts generally present a past
record of courses taken and are not affirmations of current
enrollment. |
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Is a
school ID card (with or without photo) issued by a local school
acceptable as proof of identity or residence? |
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No.
Nor can it be accepted as proof of current enrollment. |
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Q: |
If a
customer has a New Mexico ID that was issued before October 1,
2007, and is applying for a permit, can the ID be accepted as
one proof of residence? |
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No. The
rule specifically allows an ID card to be used as proof of
identity, but does not include an ID on the list of documents
that we accept as proof of residency. Remember, though, that if
the ID was issued on or after 10/1/07, no proof of
identification number, identity or New Mexico residency
is required. |
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If
an individual acting as parent or guardian with regard to a
child’s application for a permit, DL or ID has a different last
name from the child, should we require proof of parenthood or
guardianship? |
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No.
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Can we accept the Applicant’s Affidavit of New Mexico Residency
(MVD-10023, introduced June 2010) or the previous (parent
guardian and friend relative employer) affidavits of residency? |
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No. Effective May 26, 2011 we no longer accept the Applicant’s
Affidavit of New Mexico Residency. |
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Q: |
Can a parent-guardian Affidavit of Residency
(MVD-10021) be used as the one required proof of New Mexico
residency for an individual who is under age 18?
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Yes. |
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Are
we allowed any flexibility in determining what documents can be
accepted as proof of New Mexico residency? |
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No.
Exceptions to the residency documents rules can only be made by
the MVD Director’s Office. |
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Are there
other exceptions available to a field office manager who is
convinced that the customer and all documents presented are
legitimate, when there is a strong and reasonable argument that
additional, acceptable documents are not available. |
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As
noted above, exceptions to the residency documents rules can
only be made by the MVD Director’s Office. However, if a field
office manager or supervisor is convinced that an exception
should be made in a particular situation, he or she may ask the
Bureau Chief to seek approval from the Director’s Office (Mike
Sandoval, Paul Montoya, Alicia Ortiz or Raul Alvarez). If such
approval is given, field office staff must thoroughly document
the basis for the exception, the date and time, and by whom it
was approved. |
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Are
photocopies of residency documents acceptable? |
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No.
All documents must be original. However, there are two
exceptions - MVD will accept copies that are certified or sent
directly to MVD by the agency that issues or holds the
documentation. |
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Q: |
Can
we accept two utility bills, or two insurance bills, or two bank
statements as the two required proofs of New Mexico residency
for an applicant who is age 18 or older? |
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No.
The intent of the regulation (18.19.5.12 NMAC) is to require two
different types of residency document. MVD agents may accept no
more than one document from each bulleted category in column (4)
of the Acceptable Documents chart. |
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Q: |
When there are multiple owners of a vehicle, who can use the
vehicle’s registration as proof of his or her New Mexico
residence address? |
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Because proof of identity and New Mexico residency is only
required for one owner, who is listed as the first individual
owner on the vehicle’s registration, that person is the only
owner who can use the vehicle registration as proof of his or
her New Mexico residence address. (PQU#64rev2) |
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Can we accept as proof of New Mexico residency a document that
shows the applicant’s address as c/o (care of) another
individual (example: John Q. Smith, c/o Alison N. Jones, 1234
Main Street, Anytown, NM)? |
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No. The fact that an applicant receives mail at the home of
another individual is not acceptable proof that he lives at that
address. The use of “c/o” raises at least the distinct
possibility that he is not a resident of that address, and that
he is simply using the address of a friend or relative as a
convenient mail drop. |
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Q: |
Is a referral card from a public, private or tribal school’s
driver education program acceptable as proof that an under-18
applicant is enrolled in the public, private or tribal school? |
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No. Evidence of participation in a school’s
driver education program is not the same as proof of enrollment
in the school and cannot be accepted as proof of New Mexico
residency.
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