---
title: O.C.G.A. § 40-5-21.1. Temporary licenses, permits, or special identification cards; foreign licenses or identification cards as evidence of legal presence in the United States; extensions.
collection: code
id: 40-5-21.1
cite_as: O.C.G.A. § 40-5-21.1 (2025)
canonical_url: https://georgiacommons.org/code/40-5-21.1
md_url: https://georgiacommons.org/code/40-5-21.1.md
text_url: https://georgiacommons.org/code/40-5-21.1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t40-ch1-5-(v28a)-2024-pdf.pdf?sfvrsn=636595ac_0#page=522
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MOTOR VEHICLES AND TRAFFIC / DRIVERS’ LICENSES / ISSUANCE, EXPIRATION, AND RENEWAL OF LICENSES
extraction_warnings:
  - dehyphenation_unverified:nonim-migrant
---

# O.C.G.A. § 40-5-21.1. Temporary licenses, permits, or special identification cards; foreign licenses or identification cards as evidence of legal presence in the United States; extensions.

(a) Notwithstanding any other provision of this title, an applicant who presents in person valid documentary evidence of:

(1) Admission to the United States in a valid, unexpired nonimmigrant status;

(2) A pending or approved application for asylum in the United States;

(3) Admission into the United States in refugee status;

(4) An approved application for temporary protected status in the United States;

(5) Approved deferred action status;

(6) Other federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law; or

(7) Verification of lawful presence as provided by Code Section 40-5-21.2

may be issued a temporary license, permit, or special identification card. Such temporary license, permit, or special identification card shall be valid only during the period of time of the applicant’s authorized stay in the United States or five years, whichever occurs first.

(b) A driver’s license or identification card issued by any state or territory which, on or after July 1, 2006, authorized such driver’s license or identification card to be issued to persons not lawfully present in the United States may not be accepted as evidence of legal presence in the United States.

(c) Any noncitizen applicant whose Georgia driver’s license or identification card has expired, or will expire within 30 days, who has filed, or on whose behalf has been filed, a request for an extension with the United States Department of Homeland Security, or similar such federal issuing agency, for time to remain lawfully within the United States shall be issued a temporary driving permit or identification card valid for 120 days from the date of the expiration of his or her valid driver’s license or identification card. The noncitizen applicant shall be required to present evidence of the application for extension by submitting a copy or copies of documentation designated by the department. A temporary driving permit or identification card shall be issued upon submission of the required documentation and an application fee in an amount to be determined by the department. Upon the expiration of the temporary driving permit or identification card, no further consecutive temporary permits or identification cards shall be authorized; provided, however, that application may be made following the expiration of an additional valid Georgia driver’s license or identification card.

## History

Code 1981, § 40-5-21.1, enacted by Ga. L. 2005, p. 1122, § 2/HB 577; Ga. L. 2006, p. 72, § 40/SB 465; Ga. L. 2008, p. 1154, § 3/SB 488; Ga. L. 2010, p. 932, § 2/HB 396; Ga. L. 2013, p. 283, § 1/SB 122; Ga. L. 2024, p. 1052, § 4(43)/SB 448, effective July 1, 2024.

## Editor's Notes

For application of this statute in 2021, see Executive Orders 02.26.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, 05.28.21.02, 06.30.21.02, 07.22.21.02, 08.19.21.02, and 09.20.21.02.

## Amendments

The 2024 amendment, effective July 1, 2024, part of an Act to revise, modernize, and correct the Code, substituted “however, that” for “however,” in subsection (c).