critical issues on id for members: drivers licenses to consular...

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©Gettechnical Inc.1

Critical Issues on ID for Members: Drivers Licenses to Consular CardsFrontline2016

The material used in this text has been drawn from sources believed to be reliable. Every effort has been made to assure the accuracy of thematerial; however, the accuracy of this information is not guaranteed. The laws are often changed without prior notice from the government. Thepublisher and the editor are not engaging in the practice of law or accounting. We are not responsible for the actions of your company'semployees.


Instructor Deborah L Crawford • Debbie is the President of

Gettechnical Inc, a Baton Rouge based training company. Her combined banking and training experience began in 1984 and she is a deposit side expert. She received her Bachelors and Masters degrees from Louisiana State University.

• If you have any questions just call 1‐800‐354‐3051 or email us at [email protected].

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AGENDA


• Customer Identification Program• Elderly and Minors• Driver and Non driver’s ID Cards• Consular Cards• Department of State• Passports• Sportsman and ID Weapon Cards• Visa• TWIC • Social Security Numbers• ITINs• Marriage and Divorce• Amish


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CUSTOMER IDENTIFICATION PROGRAM


USA PATRIOT ACT : WHERE THE CHANGE BEGAN FOR NEW ACCOUNTS

OverviewOn October 26, 2001, President Bush signed into law the USA Patriot Act, Public Law 107‐56. Title III of the Act captioned “International Money Laundering Abatement and Anti‐terrorist Financing Act of 2001,” adds several new provisions to the Bank Secrecy Act (BSA), 21 U.S.C. 5311 et seq. Section 326 of the Act adds a new subsection (1) to 31 U.S.C. 5318 that requires the Secretary to prescribe regulations setting form minimum standards for financial institutions that relate to the identification and verification of any person who applies to open an account.


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Section 326. VERIFICATION OF IDENTIFICATION.

(A) verifying the identity of any person seeking to open an account to the extent reasonable and practicable;

(B) Maintaining records of the information used to verify a person’s identity, including name, address, and other identifying information; and

(C) consulting lists of known or suspected terrorist or terrorist organizations provided to the financial institution by any government agency to determine whether a person seeking to open an account appears on any such list.

LAW: USA PATRIOT ACT

CIP COMPLIANCE: NEW ACCOUNT INTERVIEW COMPONENTS


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CUSTOMER


Customer

Section 1020.100Definitions.

“(c)(1) Customermeans:(i) A person that opens a new account; and(ii) An individual who opens a new account for:(A) An individual who lacks legal capacity, such as a minor; or (B) An entity that is not a legal person, such as a civic club.”

“(c)(2) Customer does not include:(i) A financial instution regulated by a Federal functional

regulator or a bank regulated by a state bank regulator;(ii) A person described in Section 1020.315 (b)(2) through

(b)(4); or [These are Phase I Exemptions](iii) A person that has an existing account with the bank,

provided that the bank has a reasonable belief that it knows the true identity of the person

INFORMATION REQUIRED BY CIP

Section 1020.220

“(a)(2)(i) Customer information required. (A) In general. The CIP must contain procedures for opening an account that specify the identifying information that will be obtained from each customer. Except as permitted by paragraphs (a)(2)(i)(B) and (C) of this section, the bank must obtain, at a minimum, the following information from the customer prior to opening an account: (1) Name; (2) Date of birth, for an individual; (3) Address, which shall be: (i) For an individual, a residential or business street address; (ii) For an individual who does not have a residential or business street address, an Army Post Office (APO) or Fleet Post Office (FPO) box number, or the residential or business street address of next of kin or of another contact individual; or (iii) For a person other than an individual (such as a corporation, partnership, or trust), a principal place of business, local office, or other physical location; and


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(4) Identification number, which shall be:

(i) For a U.S. person, a taxpayer identification number; or

(ii) For a non‐U.S. person, one or more of the following: a taxpayer identification number; passport number and country of issuance; alien identification card number; or number and country of issuance of any other government‐issued document evidencing nationality or residence and bearing a photograph or similar safeguard.

Note to paragraph (b)(2)(i)(A)(4)(ii): When opening an account for a foreign business or enterprise that does not have an identification number, the bank must request alternative government‐issued documentation certifying the existence of the business or enterprise.”


LAW: CUSTOMER VERIFICATION

Section 1020.220(a)(ii) Customer Verification. The CIP must contain procedures for verifying the identity of the customer, using information obtained in accordance with paragraph (a)(2)(i) of this section, within a reasonable time after the account is opened. The procedures must describe when the bank will use documents, nondocumentary methods, or a combination of both methods as described in this paragraph (a)(2)(ii).

(A) Verification through documents.For a bank relying on documents, the Customer Identification Program must contain procedures that set forth the documents that the bank will use. These documents may include:(1) For an individual, unexpired government‐issued identification evidencing nationality or residence and bearing a photograph or similar safeguard, such as a driver’s license or passport; and (2) For a person other than an individual (such as corporations, partnerships, or trust), documents showing the existence of the entity, such as certified articles of incorporation, a government‐issued business license, partnership agreement, or trust instrument.


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(B) Verification through nondocumentary methods.For a bank relying on nondocumentary methods, the CIP must contain procedures that describe the nondocumentary methods the bank will. (1) These methods may include contacting a customer; independently verifying the customer’s identity through the comparison of information provided by the customer with information obtained from a consumer reporting agency, public database, or other source; checking references with other financial institutions; and obtaining a financial statement.(2) The bank’s nondocumentary procedures must address situations where an individual is unable to present an unexpired government‐issued identification document that bears a photograph or similar safeguard; the bank is not familiar with the documents presented; the account is opened without obtaining documents; the customer opens the account without appearing in person at the bank; and where the bank is otherwise presented with circumstances that increase the risk that the bank will be unable to verify the true identity of a customer through documents.

(C) Additional verification for certain customers.The CIP must address situations where, based on the bank’s risk assessment of a new account opened by a customer that is not an individual, the bank will obtain information about the individuals with authority or control over such account, including signatories, in order to verify the customer’s identity. This verification method applies only when the bank cannot verify the customer’s true identity using the verification methods described in paragraphs (b)(2)(ii)(A) and (B) of this section.


DRIVER’S LICENSES AND NONDRIVER’S IDENTIFICATION

CARDS


United StatesCanadaMexico

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United States Driver’s Licenses• A driver's license/ licence or driving licence is an official

document which states that a person may operate a vehicle such as a car, truck, bus or motorcycle on a public roadway.

• In the United States, driver’s licenses are issued by each individual state (including Washington, D.C. and the territories).

• Drivers are normally required to obtain a license from their state of residence and all states recognize each other's licenses for temporary visitors subject to normal age requirements.

• Since the driver's license is a commonplace document that carries much of the necessary information needed for identification, it has become the primary method of identification in the United States.


Examples of U.S. Driver’s Licenses


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Canadian Driver’s License

• In Canada, driver’s licenses are issued by the government of the province or territory in which the driver is residing.

• Specific regulations relating to driver's licenses vary province to province, though overall they are quite similar.

• Canadian driving licenses are also valid in many other countries due to various international agreements and treaties


Examples of Canadian Driver’s Licenses


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Mexico Driver’s License

• In Mexico, it is each state's responsibility to regulate driving in their respective jurisdiction, and therefore each state issues their own driving license. * There are 32 Mexican States, so there are 32 different Mexican Driver’s Licenses*

• Driving licenses in Mexico are regulated by each state, and they all have different rules and requirements.

• All state driving licenses are recognized across Mexico, and international licenses with an IDP are also recognized as well.


Examples of Mexican Driver’s Licenses


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Counterfeit Licenses: These may be designed to look like official documentation or may be modeled after an earlier license style

• Some features of Validation (most non‐valid licenses will not have these)

Microprinting

Holograms

UV Inks

Seals


Types of Driver’s License Fraud to Look Out For

Know your State’s License Features!!!


Older Version

No Holograms

No UV Light

Current Version

Holograms

UV Light

Transparent Image in Upper Right

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(Types of Driver’s Licence Fraud Continued)

Altered Licenses:

There are instances when changes are made to the already existing license, usually used by a minor to purchase alcohol, credit card defrauders and those involved in identity theft. This is one reason the state laminates all licenses.

Forged Licenses:

Alterations combined with forgery. Many times this involves adding a new picture to the document. *Any destruction to the lamination can be a good indicator*


Non‐driver’s Identification Cards• In the case that you do not have a driver’s

license or are ineligible for one, you may obtain a non‐drivers identification card through your state.

• In most states, you must be a resident of the state and provide:

o Proof of Identity

o Proof of Social Security Number

o Proof of Current Residency


Fraud Applies to These as

Well !

Fraud Applies to These as

Well !

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CONSULAR CARDS


Consular Identification Card (CID)

• Issued by governments to their own citizens who are living in foreign countries

• They ARE NOT certifications of legal residence within a foreign country (card holders could be legal or illegal aliens)

• A CID is a citizen’s primary identification and proof of residency in their own country


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Matricula Consular Cards

• The Matricula Consular (Matricula), also referred to as the Certificate of Consular Registration, is a water‐sealed photo identification card issued to Mexican citizens by the Mexican Government.

• Local offices of the Consulate General of Mexico facilitate this service in the United States. Also known as the Mexican CID card, it has been issued since 1871.


• The Matricula operates as a Mexican citizen's primary identification and proof of residency in Mexico.

• The issue of the card has no bearing on immigration status in the foreign country they are residing in. The document ONLY proves that the bearer is of Mexican nationality and is living outside of Mexico

• It is a numbered document which evidences the date of issuance and an expiration date.


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MEXICO EMBASSY CONSULATE OFFICES IN THE UNITED STATES (THE MATRICULA CONSULAR)


Atlanta2600 Apple Valley RdAtlanta Ga., 30319Tel: (404) 266‐2233

Austin200 East 6th. Street, Suite 200 Austin TX. 78701 Tel: (512) 478‐2866

Chicago 300 North Michigan Ave. Chicago IL., 60630Tel: (312) 855‐1380

Dallas 8855 N.Stemmons Freeway Dallas TX., 75247Tel: (214) 252‐9250

Denver 48 Steele Street Denver Co., 80206 Tel: (303) 331‐1110

El Paso910 E. San Antonio Avenue El Paso TX. 79901Tel: (915) 533‐8555

Washington D.C.2827 16th. St, N.W. Wash, D.C. 20009 Tel: (202) 736‐1000

Houston 4507 San Jacinto Street Houston TX. 77004Tel: (713) 271‐6800

Los Angeles 2401 West 6th. Street Los Angeles, Ca. 90057 Tel: (213) 351‐6800

Miami 5975 SW 72 Street Miami, Fl. 33143 Tel: (786) 268‐4900

Nogales 571 N. Grand Avenue Nogales, Az. 85621 Tel: (520) 287‐2521

New York 27 East 39th. Street New York, N.Y., 10016 Tel: (212) 217‐6400

Phoenix 1990 West Camelback Rd Phoenix Az. 85015 Tel: (602) 242‐7398

San Diego 1549 India Street San Diego Ca., 9210Tel: (619) 231‐8414

San Francisco870 Market Street San Francisco Ca., 94102 Tel: (415) 392‐6576

Sacramento1010 8th. Street Sacramento Ca. 95814Tel: (916) 441‐3287

San Jose540 North First Street San José, Ca., 95112 Tel: (408) 294‐3414

San JuanAve. Muñoz Rivera 654Hato Rey, Puerto Rico 00918Tel: (1787) 764‐0258

San Antonio127 Navarro Street San Antonio TX., 78205Tel: (210) 227‐1085


Albuquerque (505) 247-2147, Boston (617) 426-4181, Brownsville (956) 542-4431, Caléxico (760) 357-3863Del Rio (830) 775-2352, Indianapolis (317) 951-0005, Kansas City (816) 556-0800, Laredo (956) 723-6369Raleigh, N.C. (919) 754-0046, Salt Lake City (801) 521-8502, San Bernardino (909) 889-9836, Santa Ana Ca. (714) 835-3069, Seattle Wa. (206) 448-3526, Detroit Mi. (313) 964-4515, Douglas, Az. (520) 364-3107 Eagle Pass TX. (830) 773-9255, Philadelphia (215) 922-4262, Fresno Ca. (559) 233-3065, Las Vegas (702) 383-0623 McAllen TX. (956) 686-0243, Omaha (402) 595-1841, Orlando (407) 422-0514, Oxnard Ca. (805) 483-4684Portland, Or (503) 274-1442, Presidio, TX. (915) 229-2788, Tucson Az. (520) 882-5595, Yuma, Az. (928) 344-0066London UK Tel: (44-20) 7235-6393

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Examples of the Matricula Card



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Additional Consular Cards


Guatemala

Brasil

Hong Kong

Nigeria

DEPARTMENT OF STATE DRIVER’S LICENSE


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Who Receives a Department of State Driver’s License?

• The Department of State’s Office of Foreign Missions (OFM) issues these licenses to members of foreign diplomatic and Consular communities living in the United State who enjoy some level of immunity from prosecution.

• They issue these driver’s licenses to facilitate the OFM Enforcement Program, which manages all vehicle infractions/ incidents nationwide involving diplomats and consular officers.


• The DMV ensures that mission members and their families are issued U.S. Department of State driver’s licenses, and monitors driving records.

• Example of a Department of State License:


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TWIC


Transportation Worker Identification Credential

• TWIC is a common identification credential for all personnel requiring unescorted access to secure areas of Maritime Transportation Security Act (MTSA)‐ regulated facilities and vessels, and all mariners holding Coast Guard‐issued credentials.

• Individuals who meet TWIC eligibility requirements will be issued a tamper‐resistant credential containing the worker's biometric (fingerprint template) to allow for a positive link between the card and the individual.


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Who is Eligible for a TWIC Card?

• An individual must be a U.S. citizen or fall into an eligible immigration category and cannot have been convicted of certain crimes.

• In addition, individuals cannot be connected to terrorist activity or lack mental capacity.


• Which Employee Authorization Card/Document codes would permit me to

hold a TWIC?

– A03‐ Refugee

– A05‐ Alien Asylum

– A12‐ Temporary Protected Status

– A13 & A14‐ Family Unity Program

– C19‐ Temporary Protected Status


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Would a non‐U.S. citizen be ableto get a TWIC?

The TWIC regulation includes a list of various immigration categories that are eligible to apply for a TWIC:

• Nationals

• Refugees

• Lawful non‐immigrants with unrestricted work authorization

• Certain professionals with restricted work authorization


Can the Merchant Mariner Document (MMD) verify an applicant's U.S. citizenship?

• The Coast Guard verifies U.S. citizenship when issuing an MMD, and therefore, an unexpired/valid MMD can be presented during TWIC enrollment to verify that an individual is a U.S. citizen. Note: "Citizenship: UNITED STATES" will be printed on the MMD.

• Note: Effective April 15, 2009, the Merchant Mariner Credential (MMC) replaced the MML and MMD. Given this, the MML and MMD were discontinued. However, some mariners may still possess valid/current MMLs and MMDs because MMLs and MMDs are valid for 5 years. After April 14, 2014, there shall be no current/valid forms of these documents in circulation.


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Example of a TWIC Card



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MERCHANT MARINER (MMD) & MERCHANT MARINER CREDENTIAL (MMC)


MERCHANT MARINERS DOCUMENT (MMD)

Countries with a Merchant Navy or Merchant Marine require identifying credentials for their mariners. The United States have the Merchant Mariner's Document (MMD), previously called the Z‐card.

The Merchant Mariner's Document (MMD), previously called a Z‐Card, is a kind of Merchant Mariner Credential previously issued by the United States Coast Guard in accordance with the STCW guidelines, and until completely phased out, remains one of the standard documents required for all crewmembers of U.S. ships with a Gross Register Tonnage of over 100. An entry‐level MMD allows a mariner to work on the deck as an Ordinary Seaman (OS), in the engine department as a Wiper, or in the steward's department as a Food Handler (FH). With experience and testing, qualified ratings such as Able Seaman (AB) or Qualified Member of the Engine Department (QMED) can be obtained.


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The document is the size of a driver's license, and contains the sailor's information regarding date of birth, the location of issue, nationality, and the shipboard duties he or she is qualified for. Crewmen on any vessel over 100 gross tons are required to have one by United States law.

The document was created shortly after World War II ended in 1945 to maintain security in ports around the world when sabotage was still a major concern. Today, the document still serves this purpose, and is regarded as a proof of identity as well as a passport when a sailor is in a foreign country. The document had to be renewed every five years.


Prior to the early 1990s, Z‐Cards (now MMDs) were obtained free of charge and were good for life, but increased safety standards in the maritime industry sought to keep all active mariners renewing these documents and constantly training to stay abreast of any advancements in their field. All applicants are required to apply, take a drug test, and wait for a criminal background check to complete before receiving their documents, which may take anywhere from a few weeks to several years.

The Coast Guard has begun replacing the Merchant Mariner's Document with a new credential, the passport‐style Merchant Mariner Credential. Mariners will receive the new credential when they apply for a new document or renew their current document. Current MMD's remain valid until their expiration date.


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MMC serial numbers are nine digits long, as required for a passport book, and padded with leading zeros. As of December 2011, about 134,000 serial numbers had been used (presuming sequential assignment).

The MMC has a clear plastic holder for the mariner's TWIC card on the inside of the back cover.


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SPORTSMEN ID AND WEAPON CARDS


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Sportsman License

• A hunting license is a regulatory or legalmechanism to control recreational and sports hunting.

• The purposes for requiring hunting licenses include the protection of natural treasures,and raising tax revenue (often, but not always, to dedicated funds).


Hunting Licenses are State Specific

• Each state has different standards and paperwork requirements for getting a hunting license. These includes the areas, time periods, harvesting techniques, distinctions between species, and a hunting safety course.

• Licenses to hunt typically go on sale once a year. Some states, such as New York, allow only during a defined single season, or for a lifetime during such seasons for residents of the state, upon payment of the appropriate fees. As a general rule, hunting licenses are non‐transferable, are a privilege (not a right), and does not allow trespass on private land.


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Obtaining a Hunting License(Example: Louisiana)

– Any person who has resided in this state continuously during the 12 months immediately prior to the date on which he applies for any license and who has manifested his intent to remain in this state by establishing Louisiana as his legal domicile, as demonstrated by compliance with all of the following, as applicable:

• If registered to vote, he is registered to vote in Louisiana• If licensed to drive a motor vehicle, he is in possession of a valid Louisiana drivers license, or, if over the age of fifteen years and not licensed to drive, he is in possession of a special identification card issued by the Department of Public Safety and Corrections

• If owning a motor vehicle located within Louisiana, he is in possession of a valid Louisiana registration for that vehicle

• If earning an income, he has filed a Louisiana state income tax return and has complied with state income tax laws and regulations.



(Obtaining a Hunting License in Louisiana Continued…)

• Any person, who possesses a resident license from any state or country other than Louisiana shall not qualify for a resident hunting license in Louisiana

• All persons born on or after September 1, 1969, must show proof of satisfactorily completing a Hunter Safety course approved by LDWF to purchase a Basic Hunting License. EXCEPT any active or veteran member of the United States armed services or any POST‐certified law enforcement officer, application for the exemption shall be filed in person at the Department of Wildlife and Fisheries main office building in the city of Baton Rouge. However, a person younger than 16 years of age may hunt without such certificate if he is accompanied by and is under the direct supervision of a person 18 years of age or older EXCEPT during a statewide youth deer hunt, Youths must possess a hunter safety certification or proof of successful completion of a hunter safety course. Each youth must be accompanied by one adult 18 years of age or older. If the accompanying adult is in possession of hunter safety certification, a valid hunting license or proof of successful completion of a hunter safety course, this requirement is waived for youths younger than 16 years of age. For course information, call (225)765‐2932 or any Regional Office

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Concealed Weapon Permit

• State Department of Public Safety and Corrections shall issue a concealed handgun permit to qualified applicants, after performing an NICS background check and giving the local police 10 days to provide additional information about the applicant.

• An applicant must demonstrate handgun proficiency by taking a training course from an approved instructor, or by having been trained while serving in the military.

How to Obtain a PermitEach person shall:• Demonstrate competency with a handgun by completion of

certain approved courses, classes, and programs in firearms safety and training

• Agree to hold harmless and indemnify the department, the state or any peace officer for any liability arising from the issuance of the permit

• Be a resident of the state and have been a resident for six months or longer

• Be at least 21• Not suffer from a mental or physical infirmity due to disease,

illness or retardation which prevents the safe handling of a handgun,

• Not have been committed for the abuse of a controlled substance, or been found guilty of, or entered a plea of guilty or nolo contendere relating to a controlled substance within 5 years;


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(How to Obtain a Permit Continued…)

• Not chronically and habitually use alcoholic beverages to the extent that normal facilities are impaired

• Not have entered a plea of guilty or nolo contendere to or been found guilty of a misdemeanor crime of violence within 5 years of completion of sentence

• Not have been convicted of, entered a plea of guilty or nolo contendere to, or not be charged under indictment, or a bill of information for any crime of violence or any crime punishable by imprisonment for one year or more

• Not have a history of engaging in violent behavior;• Not be otherwise ineligible to possess a firearm under

federal law


Examples of Concealed Permits


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Where are Permits Legal/ Illegal?


TRIBAL CARDS


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TRIBAL CARDSThere are 562 federally recognized tribal governments in the United States. These tribes possess the right to form their own governments, to enforce laws (both civil and criminal) within their lands, to tax, to establish requirements for membership, to license and regulate activities, to zone and to exclude persons from tribal territories. Limitations on tribal powers of self‐government include the same limitations applicable to states; for example, neither tribes nor states have the power to make war, engage in foreign relations, or coin money (this includes paper currency).

There are a number of tribes that are recognized by individual states, but not by the federal government. The rights and benefits associated with state recognition vary from state to state.

Tribal governments that are trying to issue Native American Identification Cards (Tribal Cards) are trying to stay in compliance with the state and government law. The REAL ID is a federal standard.


The Real ID Act

The REAL ID Act of 2005, Pub.L. 109–13, 119 Stat. 302, enacted May 11, 2005, was an Act of Congress that modified U.S. federal law pertaining to security, authentication, and issuance procedures standards for the state driver's licenses and identification (ID) cards, as well as various immigration issues pertaining to terrorism. The law set forth certain requirements for state driver's licenses and ID cards to be accepted by the federal government for "official purposes", as defined by the Secretary of Homeland Security. The Secretary of Homeland Security has currently defined "official purposes" as presenting state driver's licenses and identification cards for boarding commercially operated airline flights and entering federal buildings and nuclear power plants.


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After 2011, "A Federal agency may not accept, for any official purpose, a driver's license or identification card issued by a state to any person unless the state is meeting the requirements" specified in the REAL ID Act. The DHS will continue to consider additional ways in which a REAL ID license can or should be used for official federal purposes without seeking the approval of Congress before doing so. States remain free to also issue non‐complying licenses and IDs, so long as these have a unique design and a clear statement that they cannot be accepted for any Federal identification purpose. The federal Transportation Security Administration is responsible for security check‐in at airports, so bearers of non‐compliant documents would no longer be able to travel on common carrier aircraft without additional screening unless they had an alternative government‐issued photo ID.

People born on or after December 1, 1964, will have to obtain a REAL ID by December 1, 2014. Those born before December 1, 1964, will have until December 1, 2017 to obtain their REAL ID.


The National License/ID Standards Cover:

• How the states must share their databases both domestically and internationally through AAMVA.

• What data must be included on the card and what technology it is encoded with;

• What documentation must be presented and electronically stored before a card can be issued.

• Strictly speaking, many of these requirements are not new. They replace similar language in Section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Pub.L. 108–458), which had not yet gone into effect before being repealed by the Real ID Act


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Data Requirements:

• A Real ID‐compliant form of identification requires, at a minimum, the following pieces of data:

• Full legal name,• Signature,• Date of birth,• Gender,• Unique, identifying number,• Principal residence address,• Front‐facing photograph of the applicant.


Said cards must also feature specific security features intended to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes. These cards must also present data in a common, machine‐readable format (bar codes, Smart card technology, etc.). Although the use of wireless RFID chips was offered for consideration in the proposed rulemaking process, it was not included in the latest rulemaking process. DHS could consider additional technological requirements to be incorporated into the licenses after consulting with the states. In addition, DHS has required the use of RFID chips in its Enhanced Driver's License program, which the Department is proposing as an alternative to REAL ID.

Documentation required before issuing a license or ID card.


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Before a Card can be Issued, the applicant must provide the following documentation:

• A photo ID, or a non‐photo ID that includes full legal name and birthdate.

• Documentation of birth date.

• Documentation of legal status and Social Security number

• Documentation showing name and principal residence address.

• Digital images of each identity document will be stored in each state DMV database


Enhanced Tribal Cards and Enhanced Driver’s Licenses

The federal government is trying to implement “Enhanced Drivers Licenses” which have a radio frequency identification or RFID. It is a microchip that will allow for more sophisticated identification.

This is a driver’s license that can also be used as a cross‐border travel document to enter the U.S. by land and sea. It denotes both identity and citizenship, per the Western Hemisphere Travel Initiative.


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The following states are issuing this type of WHTI‐compliant document:

Michigan, New York, Vermont and Washington.


Native American tribes are looking to start implementing Enhanced Tribal Cards. DHS officials have signed agreements for Enhanced Tribal Cards with the Kootenai Tribe of Idaho, the Pascua Yaqui of Arizona, the 28,000‐member Tohono O’odham Nation of Arizona and the Seneca Nation of New York, according to a news release. Departmental officials are currently in discussion with about 25 other tribes.

RFID tags in identification cards have raised privacy and security concerns because of the possibility of being scanned by an unauthorized person. To address those concerns, the RFID‐enhanced ID cards contain only a series of numbers, which must be matched to a DHS database to obtain personal information.


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The tribes also recognize the additional benefits of ETCs beyond their use at land or water border crossings. As reported by Indian Country Today, Chief James Ransom of the St. Regis Mohawk tribe hopes to develop the ETC and use it at St. Regis’ “…health clinic, for [tribal] voting and for other activities

requiring identification.”


The Western Hemisphere Travel Initiative

The federal Intelligence Reform and Terrorism Prevention Act of 2004 requires DHS and the Department of State to develop and implement a plan to require all travelers to present a passport or other accepted documents that show identity and citizen ship when entering the United States. The Western Hemisphere Travel Initiative (WHTI) is the plan to implement these requirements. Beginning in January 2007, U.S. citizens traveling by air between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda are required to present a valid U.S. passport, Air NEXUS Card, or U.S. Coast Guard Merchant Mariner Document. (NEXUS is a joint U.S.‐Canada program to provide expedited border clearance for certain low‐risk, pre‐approved people who frequently cross the border.) Beginning as early as January 2008, the document requirements may be applied to travelers crossing the U.S. border by either land or air.


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In addition to this, DHS has been working with states on programs that both enhance the security of a state‐issued driver's license or ID card and allow these documents to serve as acceptable alternative documents for crossing the border.

The WHTI created an unfunded mandate for tribes to develop federal Enhanced Tribal ID Cards to meet its compliance standards. Since the implementation of WHTI, NCAI has actively engaged the Departments of State and Homeland Security to urge and facilitate collaboration with tribal governments to recognize aboriginal and treaty rights for travel in their homelands and beyond. NCAI has also advocated that when travel documentation meets State Department standards, tribally issued IDs should be recognized for passport purposes by the US government, and the United States should ask other nations to respect tribal IDs as valid for international travel.

Many of the tribes here in the U.S. are striving to obtain WHTI‐compliant documents for their members to enable easy travel and recognition.


What is the difference between the Enhanced Tribal Card and the WHTI?

The ETC or Enhanced Tribal Card is not a specific standard, but rather the name for any tribal identification that carries modern security features including machine‐readable and verifiable information (optical character data, barcodes, magnetic stripes, smart chips, and RFID). The WHTI standard is a specific United States federal card and data formatting requirement for what information must be on the card, the areas of the card that information is to be displayed, and how information must be provided for machine automated processing, as well as details on data interchange for card verification purposes.


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The US Customs and Border Protection (US Department of Homeland Security):

Traveling by air: Native Americans must have Passports issued by country of their birth.

Traveling by land:

• Enhanced Tribal Card

• Form I‐872 American Indian Card for the Texas and OK Kickapoo American and Mexican members

• Indian and Northern Affairs Canada (INAC) Card


**As of Feb 2011, the Pascua Yaqui Tribe and the Kootenai Tribe of Idaho began to issue the first Enhanced Tribal Card (ETC). As of June 9, 2011, the ETC is an acceptable stand‐alone Western Hemisphere Travel Initiative (WHTI) compliant document for entry into the United States at all land and sea ports of entry. The approved card may be used to denote identity and citizenship of these tribal members entering the United States from contiguous territory or adjacent islands.


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State Tribal Cards

Tribal Cards can be either federally controlled, or controlled by state. Here are some examples of statutes and/or rules for Tribal card usage for specific states.

**Note:

Not all states have laws concerning Tribal Cards. They are different per state, so make sure you check with your state law to see how Tribal Cards are accepted in your state.


Chapter 171. Drivers' Licenses and Training Schoolshttps://www.revisor.mn.gov/statutes/?id=171DRIVERS' LICENSES171.072 TRIBAL IDENTIFICATION CARD.(a) If a Minnesota identification card is deemed an acceptable form of identification in Minnesota Statutes or Rules, a tribal identification card is also an acceptable form of identification. A tribal identification card is a primary document for purposes of Minnesota Rules, part 7410.0400, and successor rules.(b) For purposes of this section, "tribal identification card" means an unexpired identification card issued by a Minnesota tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the legal name, date of birth, signature, and picture of the enrolled tribal member.(c) The tribal identification card must contain security features that make it as impervious to alteration as is reasonably practicable in its design and quality of material and technology. The security features must use materials that are not readily available to the general public. The tribal identification card must not be susceptible to reproduction by photocopying or simulation and must be highly resistant to data or photograph substitution and other tampering. The requirements of this section do not apply to tribal identification cards used to prove an individual's residence for purposes of section 201.061, subdivision 3.


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Example of a Minnesota Tribal Card:


What is a legal ID required to have?

A valid tribal ID is required to have a legal name, date of birth, signature, and picture of the card carrier. If a tribal ID does not have all four of these elements, it is NOT valid identification under the new statute. Purposefully producing fraudulent IDs is a misdemeanor.


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VISA


Definition• A citizen of a foreign country who seeks to enter

the United States (U.S.) generally must first obtain a U.S. visa, which is placed in the traveler’s passport.

• Having a U.S. visa allows you to travel to a port of entry, airport or land border crossing, and request permission of the Department of Homeland Security (DHS), Customs and Border Protection (CBP) inspector to enter the U.S.

• For more information: http://travel.state.gov/visa/


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Types of Visa

The type of visa you will need is based on the purpose of your travel. There are 2 main types of Visas:

Nonimmigrant‐ for a temporary stay. These can be for work, school, travel, etc.

Immigrant‐ for permanent residence in the U.S.


Nonimmigrant Visa• Nonimmigrant visas are for international travelers

(citizens of other countries), coming to the U.S. temporarily. The visa, placed in your passport when issued, allows you to travel to a U.S. port‐of‐entry (airport, for example) and request permission of the Department of Homeland Security (DHS), Customs and Border Protection immigration officer to enter the U.S. **A visa does not guarantee entry into the U.S.

• International travelers come to the U.S. for a wide variety of reasons, including tourism, business, medical treatment and certain types of temporary work. The type of visa needed is defined by immigration law


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Purpose of Travel to U.S. and Nonimmigrant Visa

Visa Type Required: Before Applying for Visa

Athletes, amateur & professional (compete for prize money only)

B‐1 (NA)

Au Pairs (Exchange Visitor) J SEVIS

Australian ProfessionalSpecialty

E‐3 DOL

Border Crossing Card: Mexico

BCC (NA)

Business Visitors B‐1 (NA)

Crewmembers D (NA)

Diplomats & Foreign Government Officials

A (NA)

Types of Nonimmigrant Visa Needed for Travel


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Domestic Employees or nanny‐ must be accompanying a foreign national employer

B‐1 (NA)

Employees of a designated international Org., & NATO

G1‐ G5, NATO (NA)

Exchange Visitors J SEVIS

Foreign Military Personnel Stationed in the U.S.

A‐2, NATO 1‐6 (NA)

Foreign Nationals w/ extraordinary ability in Sciences, Arts, Education, Business or Athletics

O USCIS

Free Trade Agreement Professionals

H‐1B1‐ ChileH‐1B1‐ Singapore

DOL

International Cultural Exchange Students

Q USCIS

Intra‐company transferees L USCIS

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Medical Treatment, for Visitors

B‐2 (NA)

Media, Journalists I (NA)

NAFTA Professional Workers: Mexico, Canada

TN/ TD (NA)

Performing Athletes, artists, entertainers

P USCIS

Physicians J, H‐1B SEVIS

Professor, Scholar, Teacher (Exchange Visitor)

J SEVIS

Religious Workers R USCIS

Specialty Occupations in fields requiring highly specialized knowledge

H‐1B DOL then USCIS


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Students: academic,vocational

F, M SEVIS

Temporary AgriculturalWorkers

H‐2A DOL then USCIS

Temporary workers performing other services or labor of a temporary or seasonal nature

H‐2B DOL then USCIS

Tourism, vacation, pleasure B‐2 (NA)

Training in a program not primarily for employment

H‐3 USCIS

Treaty traders/ treaty investors

E (NA)

Transiting the U.S. C (NA)

Victims of Criminal Activity U USCIS

Victims of Human Trafficking

T USCIS

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*What the abbreviations (above) mean:Before applying for a visa at a U.S. Embassy abroad the following is required:

DOL = The U.S. employer must obtain foreign labor certification from the U.S. Department of Labor, prior to filing a petition with USCIS. USCIS = DHS, U.S. Citizenship and Immigration Services (USCIS) approval of a petition or application (The required petition or application depends on the visa category you plan to apply for.) SEVIS = Program approval entered in the Student and Exchange Visitor Information System (SEVIS) (NA) = Not Applicable ‐ Means that additional approval by other government agencies is not required prior to applying for a visa at the U.S. Embassy abroad.

Notes:Canadian NAFTA Professional workers‐ Visa not required, apply to CBP at border port‐of‐entry. K visas are for the purpose of marrying a U.S. citizen and immigrating or joining a U.S. citizen spouse in the United States while awaiting USCIS approval of Form I‐130 for immigrant status. Visit the immigrant visa section of this website for K‐1 and K‐3 visa information .



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GREEN CARDS (PERMANENT RESIDENT OR RESIDENT ALIEN

CARDS



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EMPLOYMENT AUTHORIZATION CARDS & 1‐766 (3 TYPES)


EMPLOYMENT AUTHORIZATION DOCUMENT (FORM 1‐766)

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a U.S. citizen or a permanent resident, you may fall into one of three categories of persons who are eligible for employment authorization.


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Category 1: You may have authorization to work in the United States as a result of your nonimmigrant status

Category 2: You may have authorization to work for a specific employer as a result of your nonimmigrant status

Category 3: You may be in a category which requires you to file for permission to work


The “Combo Card” Form I‐766 serves as a combination of evidence of Advance Parole (Form I‐512) and of authorization for employment in the United States. This document is annotated “SERVES AS I‐512 ADVANCE PAROLE”. Carriers may board passengers presenting this document in conjunction with a valid passport or other valid travel documents, as outlined in the 2009 Revised Carrier Information Guide, to return to the United States.


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The second version of Form I‐766 also allows passengers to return to the United States. This document is annotated “VALID FOR RE‐ENTRY TO THE U.S.” Carriers may board these passengers in conjunction with a valid passport or other valid travel documents, as outlined in the 2009 Revised Carrier Information Guide.


The last version of Form I‐766 is not valid for re‐entry to the United States. If the document is annotated “NOT VALID FOR RE‐ENTRY TO THE U.S.”, it does not serve as evidence of authorization to return to the United States. These passengers must have proper U.S. entry documents, as outlined in the 2009 Revised Carrier Information Guide.


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BORDER CROSSING CARDS


Border Crossing Cards (DSP‐150)

The Border Crossing Card (BCC) is both a BCC and a B1/B2 visitor’s visa. A BCC (also referred to as a DSP‐150) is issued as a laminated card, which has enhanced graphics and technology, similar to the size of a credit card. It is valid for travel until the expiration date on the front of the card, usually 10 years after issuance, except in the cases of some children


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B1 Visa‐ Business

• Consult with business associates

• Attend a scientific, educational, professional or business convention or conference

• Settle an estate

• Negotiate a contract


B2 Visa‐ Tourism and Visit

• Tourism• Vacation• Visit with friends or relatives• Medical treatment• Participation in social events hosted by fraternal,

social or service organizations• Participation by amateurs in musical, sports or

similar events or contests, if not being paid• Enrollment in a short recreational course of

study, not for credit toward a degree


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Qualifying for a Border Crossing Card

• B1/B2 visas/ BCC are only issues to applicant who are citizens of and resident in Mexico.

• Applicants must meet the eligibility standards for B1/B2 visas.

• They must demonstrate that they have ties to Mexico that would compel them to return after a temporary stay in the United States.


Required Documentation:

All applicants for a B1/B2 visa/Border Crossing Card must have a valid Mexican passport at the time of application.

References‐ U.S. Law:

Section 104 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) serves as the legal basis for the issuance of Border Crossing Cards.


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MILITARY IDENTIFICATION


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Military ID(aka “Geneva Conventions ID” or the “Common Access Card”)

• Is an identity document issued by the United States Department of Defense to identify a person as a member of the Armed Forces or a member's dependent, such as a child or spouse.

• The card is used to control access to military bases, exclusive stores (such as AAFES and NEX outlets and commissaries), Morale Welfare and Recreation (MWR) facilities, and high‐security areas

• It also serves as proof of eligibility for medical care delivered either directly within the military health system or outside via TRICARE.


The Common Access Card (CAC)

• This is the modern military ID

• It is a “smart card” and is able to be read by specialized readers for automatic building access, control systems, encryption and computer access.

• Most Active Duty members now carry these.


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Points of the Common

Access Card

The DD Form 2• Has been replaced by the Common Access Card

• Is still used in some facilities, and it remains in valid format

• Has all the information a Driver’s License would

• Cards are color coded, indicating holders status:– Green= Active Duty– Red= Reserve– Blue= Retired– Tan= Dependents of Active Duty & Retired Members


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Law18 U.S.C. United States Code, 2012 EditionTitle 18 ‐ CRIMES AND CRIMINAL PROCEDUREPART I ‐ CRIMESCHAPTER 33 ‐ EMBLEMS, INSIGNIA, AND NAMESSec. 701 ‐ Official badges, identification cards, other insigniaFrom the U.S. Government Printing Office, www.gpo.gov§701. Official badges, identification cards, other insigniaWhoever manufactures, sells, or possesses any badge, identification card, or other insignia, of the design prescribed by the head of any department or agency of the United States for use by any officer or employee thereof, or any colorable imitation thereof, or photographs, prints, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such badge, identification card, or other insignia, or any colorable imitation thereof, except as authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.(June 25, 1948, ch. 645, 62 Stat. 731; Pub. L. 103–322, title XXXIII, §330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.)Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., §§76a, 76b (June 29, 1932, ch. 306, §§1, 2, 47 Stat. 342; May 22, 1939, ch. 141, 53 Stat. 752).Sections were consolidated.The term “department or agency” was substituted for “department or independent office” in two places to embrace all properly constituted agencies as defined in section 6 of this title and to eliminate any possible ambiguity as to scope of section.Minor changes were made in phraseology.Amendments1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $250”.


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PASSPORTS


Passports

• An official document issued by a government, certifying the holder's identity and citizenship and entitling them to travel under its protection to and from foreign countries.

• Passports are non‐transferable identification documents that are issued by The United States State Department for the purpose of travel and identification.


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Passport Books• Permit personal international travel by air, boat

and land.

Blue Books: Any U.S. citizen eligible to travel out of the country may obtain one of these. They are valid for 10 years for adults and 5 for minors.

Red Books: Also called “no‐fee” passports; allow international travel for military officers or government employees only while performing official duties. The individual’s governing office provides the forms.


Black Books: also “no‐fee” books, alert airport personnel to diplomatic immunity status, meaning they may not search, delay, detain or arrest these travelers. Diplomats may only use these when on active duties.

Emergency Passport: travelers losing their U.S. passports due to disaster, carelessness or theft can obtain emergency regular passports at the U.S. Consulate or Embassy in the country of travel.


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Standard Citizen Blue Passport Book


‐ Military Officers/ Gov. Employees ‐Diplomat

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SOCIAL SECURITY CARDS


Government Issues 3 Types of Social Security Cards:

1. Shows your name and Social Security number and lets you work without restriction. These are given to U.S. citizens and lawful permanent residents.

2. Shows your name and number and notes “Valid for Work Only with DHS Authorization”. The governement issues this type of card to people lawfully admitted to the U.S. on a temporary basis who have DHS authorization

3. Shows your name and number and notes “Not Valid for Employment”. These are issued to:– Those who are lawfully admitted to the U.S. without work

authorization from DHS– Who need a number because of a federal law requiring a Social

Security number to get a benefit or service


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Randomization:


The Social Security Administration (SSA) changed the way Social Security Numbers (SSNs) are issued on June 25, 2011. This change is referred to as "randomization." The SSA developed this new method to help protect the integrity of the SSN. SSN Randomization will also extend the longevity of the nine-digit SSN nationwide.

The SSA began assigning the nine-digit SSN in 1936 for the purpose of tracking workers' earnings over the course of their lifetimes to pay benefits. Since its inception, the SSN has always been comprised of the three-digit area number, followed by the two-digit group number, and ending with the four-digit serial number. Since 1972, the SSA has issued Social Security cards centrally and the area number reflected the state, as determined by the ZIP code in the mailing address of the application.


Know Your Financial Institution’s CIP Policy on Social Security Cards as forms of Identification

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MARRIAGE AND DIVORCE


Changing Names

• Marriage licenses and divorce decrees with proper identification can be used to change name


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AMISH ISSUES


• Amish customers will have Social Security Number and cards

• ID Documents are harder to obtain

• You might try for letter from the head of community, buggy licenses, copy of tax return


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131©Gettechnical Inc.

Deborah L. Crawford

Gettechnical Inc

1‐800‐354‐3051

[email protected]

Gettechnicalinc.com

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