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Oct 27, 2011
Texas Driver License
Texas Driver License
Recent practices by Texas DPS offices with regard to issuing/renewing driver licenses have created many issues for those who are in the U.S. on non-immigrant visas.
A Texas driver license for a temporary visitor has two expiration dates: one for the license itself, and one for the temporary visitor status. Once your status expires, you can no longer drive even if the lic...ense’s expiration date has not been reached. According to the Texas DPS, "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." Before the license’s expiration date is reached, however, you can reinstate your license by submitting required documents and paying a reinstatement fee.
The Temporary Visitor Issuance Guide revised in September 2011 (www.txdps.state.tx.us/DriverLicense/documents/ImmigrationStatusChart.pdf) by the Texas DPS for its employees contains information about what types of documents are needed for issuance/renewal of licenses; the following are some of the most common situations:
- If your application for change/extension of status is pending with USCIS: By presenting your Receipt Notice (I-797), you can have your license renewed for 1 year from the date of application.
- If your employer’s petition for a non-immigrant worker (you) is pending: By presenting the Receipt Notice (I-797), you can have your license renewed for 1 year from the date of petition.
- If your application for permanent residence (I-485) is pending: By presenting your Receipt Notice (I-797), you can have your license renewed for 1 year from the date of application.
However, the problem is that most local DPS offices are not yet familiar with the details of this Guide and would not process issuance/renewal until they see an Approval Notice. Immigration attorneys are constantly trying to fix this issue, but so far, there is only so much that can be done to actually change what local DPS employees do.
Therefore, our practical suggestion is: check the average processing time for your next change/extension of status, by asking your lawyer, or by visiting egov.uscis.gov/cris/Dashboard/ProcTimes.do and see “Processing Times”; and allow enough time before your current status expires and file your change/extension of status application with USCIS early.
A Texas driver license for a temporary visitor has two expiration dates: one for the license itself, and one for the temporary visitor status. Once your status expires, you can no longer drive even if the lic...ense’s expiration date has not been reached. According to the Texas DPS, "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." Before the license’s expiration date is reached, however, you can reinstate your license by submitting required documents and paying a reinstatement fee.
The Temporary Visitor Issuance Guide revised in September 2011 (www.txdps.state.tx.us/DriverLicense/documents/ImmigrationStatusChart.pdf) by the Texas DPS for its employees contains information about what types of documents are needed for issuance/renewal of licenses; the following are some of the most common situations:
- If your application for change/extension of status is pending with USCIS: By presenting your Receipt Notice (I-797), you can have your license renewed for 1 year from the date of application.
- If your employer’s petition for a non-immigrant worker (you) is pending: By presenting the Receipt Notice (I-797), you can have your license renewed for 1 year from the date of petition.
- If your application for permanent residence (I-485) is pending: By presenting your Receipt Notice (I-797), you can have your license renewed for 1 year from the date of application.
However, the problem is that most local DPS offices are not yet familiar with the details of this Guide and would not process issuance/renewal until they see an Approval Notice. Immigration attorneys are constantly trying to fix this issue, but so far, there is only so much that can be done to actually change what local DPS employees do.
Therefore, our practical suggestion is: check the average processing time for your next change/extension of status, by asking your lawyer, or by visiting egov.uscis.gov/cris/Dashboard/ProcTimes.do and see “Processing Times”; and allow enough time before your current status expires and file your change/extension of status application with USCIS early.