Chapter Trans 102

Trans 102.15(2)(c)1. 1. One or more facial images meeting the specifications of s. Trans 102.03 (2).

Trans 102.15(2)(c)2. 2. Proof of identity meeting the requirements of sub. (3) (a) or (b) or (7).

Trans 102.15(2)(c)3. 3. Proof of date of birth document from the list in sub. (4) (a) or (b).

Trans 102.15(2)(c)4. 4. Proof of social security number meeting the requirements of sub. (6) (a), (b), or (c) or alternative proof for temporary U.S. residents meeting the requirements of sub. (6) (b) or (c).

Trans 102.15(2)(c)5. 5. Proof of residence and domicile meeting the requirements of sub. (5) (a) or (b).

Trans 102.15(2)(c)6. 6. Proof of legal name change meeting the requirements of sub. (3) (c) 1. or 2., if the person’s name differs from the name established under subd. 2. when establishing proof of identity.

Trans 102.15(2)(c)7. 7. Evidence of lawful legal presence in the United States meeting the requirements of sub. (4) (a), (b), or (d).

Trans 102.15(2)(d) (d) A REAL ID compliant product or a REAL ID noncompliant product may be issued as a receipt, temporary product, or probationary product if temporary or probationary issuance is required by law.

Trans 102.15 Note Note: See s. 343.03 (3) (f) and (3m), Stats.

Trans 102.15(2)(e) (e) A person applying for a renewal, reissuance, reinstatement, or duplicate of a REAL ID noncompliant product shall submit satisfactory proof of identity as specified under sub. (3) (b).

Trans 102.15(2)(f) (f)

Trans 102.15(2)(f)1. 1. Any person applying for an original Wisconsin operator’s license or identification card shall submit satisfactory proof of citizenship, legal permanent resident or conditional resident status of the United States, or legal presence in the United States, as specified under sub. (4).

Trans 102.15(2)(f)2. 2. The department may require a person applying for a reissuance, reinstatement, renewal, or duplicate operator’s license or identification card to provide satisfactory proof of citizenship, legal permanent resident or conditional resident status of the United States, or legal presence in the United States to determine the person’s eligibility for the operator’s license or identification card.

Trans 102.15(2)(g) (g) A person shall provide proof of identity under sub. (3), legal presence under sub. (4), and residency under sub. (5), upon the first application for an original, renewal, reinstatement, or duplicate operator’s license or identification card after any of the following have occurred:

Trans 102.15(2)(g)1. 1. An action which results in the department creating an AKA record in the person’s driver file.

Trans 102.15(2)(g)2. 2. Cancellation of the person’s license or identification card for altering a license or identification card, cancellation for making a fraudulent or falsified application for a license or identification card, or cancellation for violation of s. 343.25 (1), (4), (5), or (6), Stats.

Trans 102.15(2)(g)3. 3. Suspension of the person’s operator’s license under s. 343.34 (2), Stats.

Trans 102.15(2)(g)4. 4. Revocation or suspension of the person’s operating privilege under s. 343.31 (2r), Stats.

Trans 102.15(2)(g)5. 5. Revocation of the person’s operating privilege under s. 343.32 (1s), Stats.

Trans 102.15(2)(g)6. 6. Conviction for a violation of s. 343.14 (5), 343.16 (7) (a) or (b), 343.19 (2), 343.43 (1), 343.50 (4) or (12), or 345.17, Stats.

Trans 102.15(2)(g)7. 7. The department has confiscated a document from the person for any of the reasons set forth in s. Trans 102.025.

Trans 102.15(2)(h) (h) A person shall not be required to provide the proof described in par. (a) 1. to 6. or (c) 1. to 6. if the person is applying without a personal appearance to reinstate a suspended license, revoked license, or identification card; renew a license subject to s. Trans 102.03 (2) and (5); or obtain a duplicate license or identification card, and all of the following are true:

Trans 102.15(2)(h)1. 1. The department possesses records of an acceptable photograph and facsimile signature for the person.

Trans 102.15(2)(h)2. 2. The person’s name as shown on the license is unchanged.

Trans 102.15(2)(h)3. 3. The person is a Wisconsin resident.

Trans 102.15(3) (3) 

Trans 102.15(3)(a) (a) The department may accept any of the following as proof of identity to support issuance of a REAL ID compliant product:

Trans 102.15(3)(a)1. 1. A U.S. passport.

Trans 102.15(3)(a)2. 2. Any of the following certified proofs of birth:

Trans 102.15(3)(a)2.a. a. For a person born in Wisconsin, a copy of the person’s Wisconsin birth certificate issued and certified in accordance with s. 69.21, Stats.

Trans 102.15(3)(a)2.b. b. For a person born in another state or the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands, a certified copy of the person’s birth certificate or the equivalent document from the office or agency of the respective jurisdiction that is charged with issuance of official certificates of birth.

Trans 102.15(3)(a)2.c. c. A consular report of birth abroad issued by the U.S. department of state, Form FS–240, DS–1350 or FS–545.

Trans 102.15(3)(a)3. 3. A permanent resident card (Form I–551) issued by the U.S. department of homeland security or the U.S. immigration and naturalization service.

Trans 102.15(3)(a)4. 4. An employment authorization document issued by the U.S. department of homeland security, Form I–766 or I–688B.

Trans 102.15(3)(a)5. 5. A foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I–94 form documenting the applicant’s most recent admittance into the United States.

Trans 102.15(3)(a)6. 6. A certificate of naturalization issued by the U.S. department of homeland security, Form N–550 or Form N–570.

Trans 102.15(3)(a)7. 7. A certificate of citizenship, Form N–560 or Form N–561, issued by the U.S. department of homeland security.

Trans 102.15(3)(a)8. 8. A REAL ID driver license or identification card issued in compliance with 6 CFR part 37.

Trans 102.15(3)(a)9. 9. Such other documents as the U.S. department of homeland security may designate by notice published in the federal register pursuant to 6 CFR 37.11 (c) (1) (x).

Trans 102.15 Note Note: 6 CFR 37.11 (c)

Trans 102.15(3)(b) (b) Any one of the following may be accepted as proof of identity to support issuance of a REAL ID noncompliant product:

Trans 102.15(3)(b)1. 1. Any document that is acceptable as proof of identity under par. (a).

Trans 102.15(3)(b)2. 2. Unless a passport is required under this chapter, the department shall accept a U.S. passport that is expired for no more than 5 years for purposes of meeting this requirement.

Trans 102.15(3)(b)3. 3. A Wisconsin REAL ID noncompliant operator’s license bearing a photograph of the person.

Trans 102.15(3)(b)4. 4. A Wisconsin REAL ID noncompliant identification card issued under s. 343.50, Stats., bearing a photograph of the person, other than an identification card issued under s. 343.165 (8), Stats.

Trans 102.15(3)(b)5. 5. A federal I-94 “parole edition” or “refugees version” arrival-departure record, together with a certification, on the department’s form, of the person’s name and date of birth, a copy of a U.S. department of state refugee data center reception and placement program assurance form, and a letter from the person’s sponsoring agency on the agency’s letterhead, supporting the person’s application for a Wisconsin identification card or driver license and confirming the person’s identification. Applicants who are unable to provide a reception and placement program assurance form may be issued a Wisconsin identification card or driver license after the person’s identification has been confirmed by the U.S. citizenship and immigration services.

Trans 102.15(3)(b)6. 6. A federal temporary resident card or employment authorization card, Form I-688, I-688A, I-688B, or I-766.

Trans 102.15(3)(b)7. 7. An American Indian identification card meeting all of the following requirements:

Trans 102.15(3)(b)7.a. a. Issued by a federally recognized tribe or a band of a federally recognized tribe.

Trans 102.15(3)(b)7.b. b. Issued in Wisconsin.

Trans 102.15(3)(b)7.c. c. Includes a photograph and signature or reproduction of a signature of the person.

Trans 102.15(3)(b)7.d. d. Has been approved by the secretary for use as identification.

Trans 102.15(3)(b)8. 8. An adoption, divorce, or name or sex change court order under seal that includes the person’s current full legal name, date of birth, and in the case of a name change or divorce order, the person’s prior name.

Trans 102.15(3)(b)9. 9. An armed forces of the United States common access card or DD Form 2 identification card issued to military personnel.

Trans 102.15(3)(b)10. 10. A department of homeland security/transportation security administration transportation worker identification credential.

Trans 102.15(3)(b)11. 11. A driver license or identification card issued by another jurisdiction except the Dominion of Canada, or a Province thereof, that bears a photo of the applicant or the applicant’s full name and date of birth.

Trans 102.15(3)(b)12. 12. Military discharge papers, including a certified copy of federal form DD-214.

Trans 102.15(3)(b)13. 13. A U.S. government and military-dependent identification card.

Trans 102.15(3)(c) (c) An applicant may be identified by a name other than that appearing on a document presented under par. (a) or (b) if the person has changed their legal name. The department shall retain a copy of any document establishing a name change or variation. The department shall maintain a record of both the recorded name and the name on the source documents in a manner conforming to 6 CFR.37.31. The following may be considered as evidence of a legal name change:

Trans 102.15(3)(c)1. 1. Original or certified copies of documents issued by a court, governmental body, or other entity. Adoption documents, name change documents, or sex-change-related documents may be accepted. An abstract of criminal or civil convictions may not be accepted.

Trans 102.15(3)(c)2. 2. Evidence that the person has used the name in a manner that qualifies the name as being legally changed under the common law of Wisconsin, including evidence of the person’s prior name, changed name, the length of time the person has consistently and continuously used the changed name, an affirmation that the person no longer uses the prior name, and an affirmation that the person did not change their name for a dishonest or fraudulent purpose or to the injure another person.

Trans 102.15 Note Note: See, State v. Hansford, 219 Wis. 2d 226, 580 N.W.2d 171 (1998); 35 Wis. Op. Atty. Gen. 178, 179 (1946). This process may be used to overcome an error on a supporting document, such as a spelling error or incorrect name, to enable an applicant to receive an identification card in their legally correct name.

Trans 102.15(4) (4) 

Trans 102.15(4)(a) (a) Any of the following shall be considered valid proof of legal presence in the United States for purposes of obtaining a REAL ID compliant product, provided the person has also provided proof of identity meeting the requirements of sub. (3) (a):

Trans 102.15(4)(a)1. 1. Any of the following certified proofs of birth:

Trans 102.15(4)(a)1.a. a. For a person born in Wisconsin, a copy of the person’s Wisconsin birth certificate issued and certified in accordance with s. 69.21, Stats.

Trans 102.15(4)(a)1.b. b. For a person born in another state or the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands, a certified copy of the person’s birth certificate or the equivalent document from the office or agency of the respective jurisdiction that is charged with issuance of official certificates of birth.

Trans 102.15(4)(a)2. 2. A U.S. passport.

Trans 102.15(4)(a)3. 3. A certificate of citizenship, Form N-560 or N-561, issued by the U.S. department of homeland security.

Trans 102.15(4)(a)4. 4. A certificate of naturalization issued by the U.S. department of homeland security, Form N-550 or Form N-570.

Trans 102.15(4)(a)5. 5. A consular report of birth abroad issued by the U.S. department of state, Form FS-240, DS-1350 or FS-545.

Trans 102.15(4)(a)6. 6. A permanent resident card Form I-551, issued by the U.S. department of homeland security or the U.S. immigration and naturalization service.

Trans 102.15(4)(b) (b) Any of the following shall be considered valid proof of legal presence in the United States for purposes of obtaining a REAL ID compliant product, provided the person has also provided proof of identity meeting the requirements of sub. (3) (a) and documentation demonstrating lawful status issued by the U.S. department of homeland security or other federal agency:

Trans 102.15(4)(b)1. 1. A foreign passport with approved Form I-94 and authenticated visa.

Trans 102.15(4)(b)2. 2. An employment authorization document.

Trans 102.15(4)(b)3. 3. A REAL ID compliant product issued in compliance with 6 CFR 37.

Trans 102.15 Note Note: See, 6 CFR 37.11 (g).

Trans 102.15(4)(c) (c) All applicants for a REAL ID noncompliant product that includes a hazardous materials endorsement, including persons who have met the requirements of par. (a), shall submit documentary proof to the department, in one or more of the following forms, that the applicant is a U.S. citizen or that the applicant’s permanent presence in the United States is authorized under federal law:

Trans 102.15(4)(c)1. 1. A U.S. passport

Trans 102.15(4)(c)2. 2. For a person born in another state or the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands, a certified copy of the person’s birth certificate or the equivalent document from the office or agency of the respective jurisdiction that is charged with issuance of official certificates of birth.

Trans 102.15(4)(c)3. 3. A consular report of birth abroad issued by the U.S. department of state.

Trans 102.15(4)(c)4. 4. A certificate of naturalization issued by the U.S. department of homeland security.

Trans 102.15(4)(c)5. 5. A certificate of U.S. citizenship issued by the U.S. department of homeland security.

Trans 102.15(4)(c)6. 6. A permanent resident card and the applicant’s alien registration number issued by the U.S. citizenship and immigration services or U.S. immigration and naturalization service.

Trans 102.15 Note Note: See ss. 343.125 (2) (a) and 343.14 (2g), Stats., and 49 CFR 383.71 (b) (8) and (Table 1).

Trans 102.15(4)(d) (d) An applicant for a REAL ID noncompliant product shall provide valid documentary proof that the individual is a U.S. citizen or national or an alien lawfully admitted for permanent or temporary residence in the United States and the applicant’s alien registration number. Any documents described under par. (a) or (c), or any of the following, shall be considered valid proof of legal presence in the United States for purposes of obtaining a REAL ID noncompliant product:

Trans 102.15(4)(d)1. 1. Proof of conditional permanent resident status in the United States and the person’s alien registration number.

Trans 102.15(4)(d)2. 2. A nonimmigrant visa or nonimmigrant visa status for entry into the United States.

Trans 102.15(4)(d)3. 3. An approved application for asylum in the United States or other official documentation showing that the applicant has entered the United States in refugee status.