List of Documents that Establish Lawful Presence for Texas Driver License and ID for Foreign Nationals

At the end of 2008, the Texas Department of Public Safety began strengthening identity and residency requirements that must be met in order for non-citizens residing in Texas to obtain an original, renewal, or duplicate Texas driver license or identification card.

According to the DPS, applicants for a Texas driver license or identification card are required to present documentation to confirm the applicant’s lawful presence in the United States. Upon verification of lawful presence in the U.S., the DPS will issue a Texas driver license or identification card for a term not to exceed the date of expiration of the applicant’s lawful presence in the United States. For quick reference, non-immigrants can typically find the date of expiration of lawful presence in the U.S. on their most recent I-94 card. For immigrants (permanent residents), the date of expiration of lawful presence in the U.S. can typically be found on the actual green card.

Applicants need to be aware, however, that if lawful presence in the U.S. is indefinite, then the driver license and/or ID will need to be renewed every year. In the case of renewals, the DPS will typically send a letter of notice for renewal to the address listed on the applicant’s ID card.

Much confusion has stemmed around what type of documentation to provide to the DPS in order to prove lawful presence in the U.S. The following is a list of documents that the DPS will accept. According to the DPS, only one of the following is necessary. However, to be safe, try to take as many of these that are available with you when applying for a Texas driver license and/or identification card.

To verify lawful presence for U.S. Citizens or Permanent Residences

• Birth certificate that is issued by a U.S. state, territory, or the District of Columbia;
• A U.S. Department of State Certification of Birth issued to U.S. citizens who are born abroad;
• Naturalization or Certificate of U.S. citizenship;
• Green Card; and/or
• Passport with I-551 Stamp.

A special note to green card holders: although a I-551 stamp is listed as acceptable proof of current lawful presence in the U.S., many of my clients have found that some of the officers working at the DPS in Houston are not very familiar with the I-551 stamp. If you can wait until receipt of the actual green card in the mail, I would recommend doing so to save some hassle at the DPS. Otherwise, go to the DPS website and print out the list of acceptable proof of lawful presence to present with your I-551 stamp.

To verify lawful presence for all other non-immigrants

• Passport;
• Most recent I-94 card;
• Visa stamp;
• I-797 Approval Notice (if applicable);
• Form I-20 (if applicable);
• OPT Card (if applicable);
• EAD Card (if applicable);
• IAP-66 or DS2019 (if applicable for J-1 and J-2 visa holders);

A special note to all of those who fall into this non-immigrant category: the purpose of the documents above is to show that you have gained lawful entry into the U.S. and still maintain this status. Thus, always take with you your passport, current I-94 card, visa stamp, and any of the other documents listed that may pertain to your circumstances.