Answered September 2026

Unless you qualify for the narrow Freely Associated States exception or have another accepted identity document, your unexpired passport, I-797A, expired visa, and SAVE result are not enough for a Minnesota REAL ID.

“Can I get a Real ID in Minnesota with an expired visa? Is an unexpired passport, my I-797A, and SAVE portal verification enough?”

Summary

An expired visa does not mean you are out of status, but it usually prevents this particular REAL ID identity-document route. You still have practical options: a narrow passport exception may apply, another accepted immigration document may work, or you can obtain a standard Minnesota card and use your unexpired passport for air travel.

Your answer depends on your passport country and whether you have another Minnesota-approved REAL ID identity document.

Ordinary nonimmigrant passport routenot enough

If you are not covered by the Freely Associated States exception, your current packet is not enough. Minnesota and 6 CFR 37.11(c)(1)(vi) require an unexpired passport with a valid, unexpired visa and an approved . Your is a replacement I-94, and may verify your status, but neither supplies the missing unexpired visa required for identity.

Freely Associated States exceptionnarrow exception

If your passport is from the Marshall Islands, Palau, or Federated States of Micronesia and the I-94 documents your most recent admission under the applicable Compact, DHS permits the unexpired passport and approved I-94 without a visa. This exception took effect September 4, 2019 (84 FR 46556).

Use another accepted identity documentif available

An expired visa does not block a separate identity route if you already have another listed document, such as an unexpired Employment Authorization Document (Form I-766) or Permanent Resident Card (Form I-551). Minnesota must still verify lawful status and the rest of your application documents.

Get a standard Minnesota cardavailable now

If REAL ID is blocked, Minnesota’s standard-card list accepts an unexpired foreign passport as a primary document and a Notice of Action (I-797) as a secondary document. USCIS identifies the I-797A as a Notice of Action, so your two documents fit that published standard-card pairing; a standard card cannot be used at TSA checkpoints or specified federal facilities after May 7, 2025.

Every REAL ID route also requires the remaining Minnesota documents: originals, a full SSN or evidence of non-work-authorized status, and two qualifying Minnesota-residence documents.

Read the full explanation

Watch out for

The visa-free exception is narrowDHS’s September 4, 2019 designation under 6 CFR 37.11(c)(1)(x) waives the visa requirement only for citizens of the Marshall Islands, Palau, or Federated States of Micronesia whose I-94 documents admission under a Compact. It does not replace the unexpired-visa rule for other nonimmigrants; Minnesota’s August 7, 2026 checklist still requires a valid, unexpired visa in the ordinary foreign-passport route.
SAVE is not approval verifies immigration information for licensing agencies, but USCIS says SAVE does not determine license eligibility—the licensing agency does. A CaseCheck result therefore does not replace Minnesota’s required identity documents (USCIS SAVE).
The I-797 extension note is not generalMinnesota’s automatic-extension note applies to the starred I-551 and I-766 entries. The separate foreign-passport entry still expressly requires a valid, unexpired visa, so an does not cure an expired visa for that identity route (Minnesota DVS REAL ID Document Requirements, Aug. 7, 2026).
Your card may end with your stayIf Minnesota issues you a based on temporary lawful status, federal rules prohibit a validity period beyond your authorized stay—or beyond one year if your stay has no expiration date (6 CFR 37.21(b)).
Bring originals and the full packageEven with qualifying identity evidence, Minnesota requires original documents, your full SSN or evidence supporting SSN ineligibility, and two different Minnesota-residence documents showing the application address; a P.O. box is not sufficient (Minnesota DVS REAL ID Document Requirements, Aug. 7, 2026).

Next steps

These steps help you choose the valid route before paying a fee or visiting DVS.

Before starting an application

Sort yourself into the correct document branch

Use the FAS route only if your passport is from the Marshall Islands, Palau, or Federated States of Micronesia and the approved I-94 documents Compact admission. Otherwise, an expired visa blocks the passport-and-visa identity route unless you can use another accepted identity document.

Requirements

Passport’s issuing country
Class and authorized-stay end date on the I-94 attached to your I-797A
Any unexpired Form I-766, Form I-551, or other listed REAL ID identity document

Only if a REAL ID identity route applies

Assemble the complete REAL ID document set

Pre-apply and pre-verify at https://dps.mn.gov/mydvs. Then submit the originals in person at a Driver and Vehicle Services office selected through https://onlineservices.dps.mn.gov/EServices/?Link=OfficeSearch.

Requirements

Qualifying identity document or FAS passport-and-I-94 package
Full Social Security number, or documents showing non-work-authorized status if you have no SSN
Two different Minnesota-residence documents with the same name and physical address as the application
Original documents—not photocopies, scans, phone images, faxes, or laminated copies

At the DVS office

Pay the fee matching your transaction

The current listed fees are $46 for a new Class D license, $41 for a Class D renewal, and $26 for a duplicate driver’s license. A new non-driver ID is $35.50 if under 65 or $32 if 65 or older; an under-65 ID renewal is $30.50, and a REAL ID renewal at age 65 or older is $27. DVS accepts cash, check, or money order; some offices accept cards and may charge an additional fee.

Requirements

Chosen card type: Class D license or non-driver ID
Transaction type: new, renewal, or duplicate
Your age for a non-driver ID

Available without the REAL ID visa package

Apply for a standard card if REAL ID is blocked

Minnesota’s standard-card list permits one primary document plus one secondary document: your unexpired foreign passport is primary and your I-797A Notice of Action is secondary. Apply through the same DVS system; for a driver’s license, you must also pass the Class D knowledge and road-skills tests. A new Class D license is $46; a new non-driver ID is $35.50 if under 65 or $32 if 65 or older.

Requirements

Original unexpired foreign passport
Original I-797A Notice of Action
Minnesota home address
Translation and translation attestation for any document not in English

If flying before you qualify for REAL ID

Use your passport for immediate air travel

Present the unexpired passport at the TSA checkpoint. Do not rely on a standard Minnesota card for TSA screening because Minnesota says standard cards stopped being accepted for that purpose on May 7, 2025.

Requirements

Unexpired foreign government-issued passport

Others who faced this

You are not the first to go through this. Here is how it went for others who asked the same thing.

Legal sources

This answer is based on Minnesota Driver and Vehicle Services, USCIS SAVE and Form I-797 guidance, TSA’s identification list, DHS’s Federal Register designation, and current federal REAL ID regulations.

Minnesota DVS REAL ID Document Requirements

Minnesota’s ordinary foreign-passport route requires both an unexpired visa and an I-94.

Minnesota DVS REAL ID Document Requirements

Proof of identity and date of birth

• Valid, unexpired foreign passport with a valid, unexpired U.S. visa (affixed), accompanied by a Form I-94 documenting the applicant’s most recent admittance

Read the full text

6 CFR 37.11

Federal rules distinguish the required identity source from additional evidence establishing lawful status.

6 CFR 37.11

(c)(1)(vi), (g)(2)

(vi) Unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the United States. The applicant must also present a second document from § 37.11(g)(1) or documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS.

Read the full text

Form I-797: Types and Functions

USCIS describes an I-797A as a replacement I-94, not as the unexpired visa required by the ordinary passport route.

Form I-797: Types and Functions

Form I-797 types table

Issued to an applicant as a replacement Form I-94.

Read the full text

USCIS SAVE

SAVE verifies immigration information, but Minnesota—not the applicant’s portal result—decides license eligibility.

USCIS SAVE

SAVE does not determine an applicant's eligibility for a specific benefit or license. The benefit-granting or licensing agency determines eligibility for each benefit they administer.

Read the full text

84 FR 46556 (2019-19024)

This is the controlling narrow exception allowing certain FAS citizens to use a passport and I-94 without a visa.

84 FR 46556 (2019-19024)

84 FR 46556

This notice announces that the Department of Homeland Security (DHS) is designating an unexpired foreign passport and valid Form I-94 (Arrival-Departure Record) as acceptable identity documentation for purposes of obtaining a REAL ID driver's license or identification card for eligible citizens of the Federated States of Micronesia, the Republic of Palau, and the Republic of the Marshall Islands (collectively known as the Freely Associated States, or FAS). This designation takes effect September 4, 2019.

Read the full text

Minnesota Standard DL/ID Required Documents

Minnesota’s standard-card rules provide a practical route using an unexpired foreign passport and I-797 Notice of Action.

Minnesota Standard DL/ID Required Documents

Primary and secondary documents

You will need to present two primary documents or one primary document and one secondary document to get a Standard driver’s license or identification card. Unexpired international passport (foreign or domestic). Notice of Action (1-797)

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TSA Acceptable Identification

An unexpired foreign passport gives the asker a separate document to use at TSA checkpoints.

TSA Acceptable Identification

Acceptable IDs

Foreign government-issued passport

Read the full text

6 CFR 37.21

A temporary-status REAL ID generally cannot outlast the holder’s authorized stay.

6 CFR 37.21

(b)(1)

(1) For a time period longer than the expiration of the applicant's authorized stay in the United States, or, if there is no expiration date, for a period longer than one year; and

Read the full text

Minnesota DVS REAL ID Document Requirements

Identity evidence alone is not a complete Minnesota REAL ID application.

Minnesota DVS REAL ID Document Requirements

Document rules, SSN, and residence

The documents you present must be original. Social Security number (SSN) – Know your FULL Social Security number. Note: Additional documentation demonstrating non work authorized status may be needed to verify non-eligibility for a SSN. Proof of Minnesota residence – Two different documents needed** Name and address must match application – NO PO BOXES***

Read the full text

Minnesota DVS Fee Schedule

Minnesota publishes different fees according to card type, age, and transaction.

Minnesota DVS Fee Schedule

Driver’s license and identification-card fee tables

Class D | $46 Class D, renewal | $41 Duplicate driver’s license - all classes | $26 Under age 65 | $35.50 Under age 65, renewal | $30.50 Age 65 and older | $32 Age 65 and older, renewal (REAL ID) | $27

Read the full text

These are the official rules as published on the cited dates; rules can change.

This is general information about official processes, not legal advice; SettleKit is not a law firm.

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