An applicant must submit the document with the highest probative value when it is
available. Temporary documents such as temporary driver’s licenses that have been
found to be acceptable by your RO are third level documents. Before accepting a third
level document ask the applicant to if another document of higher probative value
from the list in RM 10210.420, List of Documents in Priority of Acceptability for Use as Evidence of Identity is
“Available” means the document exists and the applicant can access or obtain it within
10 business days.
NOTE: Documents are considered available when the:
document is expired or lost; AND
applicant states he/she needs to renew or replace it; AND
interviewer knows or is made aware that it could be easily renewed or replaced within
10 business days.
IMPORTANT: If an applicant states after being questioned that he/she has a document available
that is higher in probative value than the document that he/she submitted with the
application, you must tell the applicant to get the document of higher probative value.
There are no tolerances based on the ease of availability of the lower probative value
EXAMPLE 1: A U.S. citizen applicant age 27 presents an employer identification card (secondary
evidence) at the interview for a replacement card, but indicates that he/she left
a valid State-issued driver's license (primary evidence) at home. Advise the applicant
that he/she must submit the driver's license. To provide the best public service in
this situation, give the applicant a fact sheet which describes the evidence requirements
EXAMPLE 2: A U.S. citizen applicant age 67 applies for a replacement card. She presents a medical
record from her most recent annual checkup (secondary evidence) from her neighborhood
clinic that contains her name and date of birth to compare to the Numident and the
information given in the Enumeration System. When asked about the availability of
a State-issued driver's license, ID card, or U.S. Passport/Passport card (primary
evidence), the applicant says she does not have any of these documents. She no longer
has a car and does not drive anymore but uses public transportation. She says she
has never needed or had a State ID card or U.S. Passport/Passport card. She adds that
even if she wanted to drive or travel, she lives on a limited income and cannot afford
this luxury. Since the applicant
has not recently had a State-issued driver’s license, State ID card or a U.S. Passport
that needs replacing, and
has no other need for a State-issued driver’s license, State ID card or a U.S. Passport
the interviewer should accept the medical record and process the application. In this
case primary evidence would not be considered “easily” renewable or replaceable.
When a document is listed as acceptable on the National Identity Document
Database, supervisory approval is not needed. However, the interviewer must read the evidence
description of the third level identity document to insure that there are no limitations
listed for the acceptance of the document and have the supervisor or equivalent provide
the second sign-off.