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.
“Available” means the document exists and the applicant can access or obtain it within
10 business days.
Documents are considered available when the:
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document is expired or lost; AND
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applicants state that they need to renew or replace it; AND
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interviewer knows or is made aware that it could be easily renewed or replaced within
10 business days.
If applicants state, after being questioned, that they have a document available that
is higher in probative value than the document that they 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 document.
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 they left their
valid State-issued driver's license (primary evidence) at home. Advise the applicant
that they must submit their driver's license. To provide the best public service in
this situation, give the applicant a fact sheet which describes the evidence requirements
under IRTPA.
EXAMPLE 2: A U.S. citizen applicant age 67 applies for a replacement card. The applicant presents
a medical record from their most recent annual checkup (secondary evidence) from their
neighborhood clinic that contains their 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 they do not have any of these documents. The applicant
no longer has a car and does not drive anymore but uses public transportation. The
applicant says they have never needed or had a State ID card or U.S. Passport/Passport
card. The applicant adds that even if they wanted to drive or travel, they live on
a limited income and cannot afford this luxury. Since the applicant
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has not recently had a State-issued driver’s license, State ID card or a U.S. Passport
that needs replacing, and
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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 ensure that there are no limitations
listed for the acceptance of the document and have the supervisor or equivalent provide
the second sign-off.