West Virginia State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect the daily life of immigrants and the services they can access. These rules and regulations vary by state. States also have a significant say in how they enforce immigration laws.

• Law enforcement and immigration in West Virginia
• Employment and immigration
• West Virginia E-Verify requirements
• Driver’s license and ID requirements
• Public benefits restrictions
• Education checks and in-state tuition
• Voting ID rules
• Housing ordinances and immigration
• How an immigration attorney can help
• Related resources

Immigration rules continue to evolve. Anyone facing an immigration issue in West Virginia should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in West Virginia

Under a federal program, convicts’ names are entered into 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 requiring employers to use E-Verify to verify employees’ status. E-Verify is a federally-operated system that allows employers to verify that applicants are legally authorized to work in the U.S.

Driver’s License and ID Requirements

Applicants must show proof of U.S. citizenship or legal status 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 August 22, 1996, and obtained legal status, or entered after August 22, 1996, and obtained legal status for five consecutive years.

Under federal law, immigrants without 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 and In-State Tuition

West Virginia does not have a policy on in-state tuition for undocumented students or Deferred Action for Childhood Arrivals (DACA) recipients.

DACA 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 voters must present an approved form of identification at the polls to vote. The ID must be valid and not expired. 

There are three exceptions to this rule:

• The voter has a signed, sworn statement by an adult who has known the voter for at least six months
• A poll worker has known the voter for at least six months
• The voter is a resident of a state care facility

This law does not apply to absentee-by-mail voting.

Housing Ordinances and Immigration

West Virginia has no special ordinances about housing and immigration. But property owners and landlords must adhere to federal fair housing laws, which prohibit discrimination based on religion, race, national origin, ancestry, or other protected characteristics.

Immigration in West Virginia: Related Resources

• Know Your Rights — Use this guide to protect yourself and your family during immigration raids .
• U.S. Immigration Support — Find 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. You can also find immigration services and 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.

Immigration Issue in West Virginia? Get Legal Help

Meeting with a lawyer can help you understand your options and how best to protect your civil rights. 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:

• Undergoing the naturalization process and trying to become a U.S. citizen
• Facilitating communications with U.S. Citizenship and Immigration Services (USCIS)
• Appearing before an immigration court like the Board of Immigration Appeals (BIA)
• Pursuing a U visa or T visa, if you’re a victim of human trafficking or domestic violence
• Renewing your immigrant visa or those of your family members
• Applying for a green card and trying to become a lawful permanent resident

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in West Virginia. Enter your city or ZIP code—whether you’re in Morgantown or elsewhere in the state—for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

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.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.