Lawful Presence Requirement

This page does not apply to commercial driver licenses. Applicants who are not U.S. citizens, U.S. nationals, lawful permanent residents, refugees, or asylees may be eligible for a nonresident commercial driver license (CDL).

NOTE: Applicants must complete additional requirements to obtain a Texas driver license or identification card.

The Department of Public Safety requires applicants who are not U.S. citizens, U.S. nationals, lawful permanent residents, refugees, or asylees to present proof of lawful presence in the U.S. before being issued an original, renewal, or duplicate Texas driver license or identification card.

The purpose of this requirement is to enhance the security of the Texas driver license and identification cards, protect the integrity of the licensing process, and reduce the risk of identity theft and fraud. Strengthening identity and residency requirements assists DPS in issuing secure documents that are routinely used by financial institutions, retailers, law enforcement, and other entities to establish the identity of their customers.

DPS will issue driver licenses or identification cards to applicants only when acceptable documentation has been provided to the Department to confirm the applicant’s lawful presence in the United States. Upon verification of temporary lawful presence in the U.S., an individual will receive a license with a Limited Term designation that will expire when the period of lawful presence expires. If the period of lawful presence is indefinite, driver licenses and IDs will need to be renewed every year.

If unable to present Lawful Presence documentation, no driver license or ID card will be issued. Additional documentation may be required by driver license personnel to verify conflicting information.

In order to renew the driver license or ID, the applicant must visit a driver license office and show valid documentation of a status change or extension of stay in the U.S.

All current Temporary Visitor cards will remain valid until the Temporary Visitor Status expiration date on the card. Prior to or upon expiration of the Temporary Visitor Status expiration date, eligible applicants will be issued a new card with the Limited Term designation.

If a Temporary Visitor card holder does not provide the necessary documentation and update the driver license or ID 45 days after the Temporary Visitor Status date expires, the card will be cancelled and the person may not drive until the cancellation has been lifted and the person obtains a Limited Term driver license.

To verify U.S. Citizenship, lawful permanent residence, U.S. national, refugee, or asylee status the applicant can present one of the following:

• Certificate of Birth issued by appropriate U.S. State, Territory, or District of Columbia
• Department of State Certification of birth issued to U.S. Citizens born abroad (Form FS-240, DS-1350, or FS-545)
• Certificate of U.S. Citizenship (Form N-560, N-561, N-645)
• U.S. Dept. of Justice – INS U.S. Citizenship Identification Card (Form I-197)
• U.S. Dept. of Justice – INS Identification Card for Resident Citizen of the U.S. (Form I-179)
• U.S. Passport
• Valid Permanent Resident Card (Form I-551)
• Passport or I-94 stamped "Approved I-551"
• Passport or I-94 stamped "Processed for I-551"
• Permit to Re-enter (Form I-327)
• I-94 or passport with annotation “Section 207” or “refugee”
• I-571 Refugee Travel Document
• I-688B coded 274a.12(a)(3)
• I-766 with category A3 or A03
• I-94 or passport with annotation “Section 208” or “asylee”
• I-688B coded 274a.12(a)(5)
• I-766 with category A5 or A05

All others who are NOT a citizen, national, lawful permanent resident, refugee, or asylee must present:

• Valid documentation issued by the U.S. Dept. of Justice, U.S. Dept. of State, U.S. Dept. of Homeland Security,  or U.S. Citizenship and Immigration Services, that shows LAWFUL TEMPORARY ADMISSION to the U.S. A list of acceptable documents can be found in the Temporary Visitor Issuance Guide (PDF).

Border Crossing cards alone are NOT acceptable for establishing a lawful temporary admission for a license or identification card.

Review the Department’s Identification policy and the Temporary Visitor Issuance Guide (PDF).