The State of Texas does not renew driver’s licenses for visa holders whose stamp has expired.
Immigration attorney Emily Newman confirmed that what started as a few scattered incidents of the state of Texas refusing to renew a driver’s license for those whose visa stamp has expired has now become a new rule that will affect visa holders in the state, as well as visa holders from other states looking to move to Texas and obtain a driver’s license.A visa stamp is only required to enter the United States, and if someone has expired this stamp, it does not mean that person is illegal. Form I-94 is the document that determines how long a person is allowed to remain in the United States.“The Texas Department of Public Safety has begun taking the position that it will no longer accept a foreign passport containing an expired visa as a primary identification document for REAL ID purposes. DPS describes the change as necessary to align Texas’ requirements with the federal REAL ID regulation,” Newman said after she raised her concern about the issue a few days ago.
The proposed rule is open for public comment until July 26 and people should email DLDrulecomments@dps.texas.gov, the immigrant attorney said.For Texans, the most protective step now would be to apply for a Texas driver’s license while their visa stamp remains valid, Newman said. But those who already have an expired visa stamp are in the soup.“Think of a professional who entered the United States legally on a valid visa, lived and worked in another state, obtained an extension of status from USCIS, and then moved to Texas for a new position.
This person may have a valid passport, a current I-94, an approved immigration application, and a valid driver’s license from the previous state. However, in Texas, only an out-of-state license may count as a supporting document, a passport alone may only count as a supporting document, and the applicant may not have a qualifying secondary document,” Newman explained, adding that if a person is in such a situation, they must find another document such as a work authorization document or obtain a new visa stamp from their home country.
Returning to India to renew Texas driver’s license?
To clarify the situation, an Indian visa holder in Texas will have to return to his home country first to renew his driving license if the visa stamp has expired. Visa stamping in India came to a standstill last December, as US consulates canceled and rescheduled all appointments. It is still very difficult to get an appointment for visa stamping in India due to the huge waiting line.