West Virginia State Immigration Laws

By Eric Harvey, J.D. | Legally reviewed by Meagan Neil, Esq. | Last reviewed September 11, 2023

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

Navigating immigration law in the United States is a challenge. Add constantly changing federal law to changing state law, and you've got a recipe for confusion.

Welcome to FindLaw's coverage of existing West Virginia legislation and rules on immigration status. In this article, you'll find the following topics:

Law Enforcement and Immigration in West Virginia

Under a federal program, convicts' names enter a database that checks immigration status. This program is the Criminal Apprehension Program. At one time, law enforcement checked arrestees' names. But the law has changed. This type of check now only applies to those convicted of crimes.

Employment Checks

Refer to federal employment eligibility verification rules and the requirements for Form I-9.

West Virginia E-Verify Requirements

West Virginia has no rule for employers to use E-Verify for checking employees' status.

Driver's License/ID Requirements

Applicants must show proof of U.S. citizenship or legal address to get a West Virginia driver's license or state ID.

Public Benefits Restrictions

Specific categories of immigrants can't benefit from the West Virginia Works program.

Immigrant children are eligible for the West Virginia Children's Health Insurance Program (CHIP) if they entered the U.S. before Aug. 22, 1996, and got legal status or entered after Aug. 22, 1996, and gained legal status for five consecutive years.

Under federal law, immigrants without proper documentation can't get most public benefits. But, they can use emergency services, health care, and other programs that are "necessary to protect life and safety."

Education Checks

West Virginia does not have a policy on in-state tuition for undocumented students.

This includes DACA recipients. Here's a breakdown of the DACA program:

  • DACA is "Deferred Action for Childhood Arrivals."
  • It protects eligible young adults from deportation after their parents brought them to the United States as children.
  • It also gives these young adults work authorization for limited periods. Those periods of work authorization are renewable.

Voting ID Rules

West Virginia has no state-mandated identification requirement for voting.

Housing Ordinances and Immigration

West Virginia has no special ordinances about housing and immigration.

Related Resources

  • Know Your Rights — A guide to protecting yourself and your family during immigration raids (PDF, CASA of Maryland and other organizations).
  • U.S. Immigration Support — Resources for immigrants.
  • Legal Aid West Virginia — This nonprofit organization provides free or low-cost legal services to qualifying people, including immigrants and migrants.
  • Catholic Charities West Virginia — Visit this page to learn more about groups providing refugee resettlement services. Resources on this page also offer immigration services. Catholic Charities also provides other advocacy services.

It's a good idea for asylees to seek the help of groups like these. Asylees are migrants in the United States who cannot return to their country of origin for many reasons. As asylum seekers, they may be too vulnerable to persecution to return to their home countries. These groups are excellent providers of legal services for vulnerable populations.

You Don't Have to Solve This on Your Own: Get a Lawyer's Help

Meeting with a lawyer can help you understand your options and how to protect your civil rights best. Knowing your rights is essential, and the United States immigration system can be confusing to navigate on your own. Whatever your circumstances, immigration attorneys can help.

You might be undergoing the naturalization process and trying to become a U.S. citizen. You could struggle with regular communications with U.S. Citizenship and Immigration Services (USCIS). You could even appear before an immigration court like the Board of Immigration Appeals (BIA). Perhaps you're a victim of human trafficking or domestic violence and pursuing a U visa or T visa. You could be working on renewing your immigrant visa or those of your family members. You may be looking for a green card and trying to become a lawful permanent resident.

It's vital to get the legal assistance you need. Legal advice is still an option even if you can't afford an attorney. Contact Legal Aid of West Virginia to learn if you qualify for free or low-cost legal services from immigration lawyers. If you need attorney referrals, contact the West Virginia State Bar Association. It can offer referrals for free. Whether you're in Morgantown or elsewhere in the state, it's essential to get help from a licensed immigration lawyer.

Was this helpful?

Can I Solve This on My Own or Do I Need an Attorney?

  • Some people can get a green card or complete immigration forms without hiring legal help
  • Complex immigration cases (such as having a criminal history or past immigration violations) may need the support of an attorney

The immigration process can be complicated and slow. An attorney can offer tailored advice and help prevent common mistakes.

 Find a local attorney

Helpful Links

Attorney Directory