My spouse's O-3 I-539 extension is currently pending and they do not have a driver's license. How can they get a license while waiting for the extension?
Because you are waiting on a pending extension, your ability to get a driver's license right now depends on the state where you live. Federal ,[object Object], rules require a valid nonimmigrant status, but 20 states and Washington, D.C. have laws that offer access to state driver's licenses regardless of immigration status.
If you live in one of these states, you do not have to wait for USCIS to approve your Form I-539 to get back on the road.
To issue a federal REAL ID, a DMV requires satisfactory evidence of lawful status. The federal definition of lawful status includes having a valid nonimmigrant status, or having a pending application for asylum or lawful permanent residence.
A state DMV will not accept your Form I-797C receipt notice as proof of your identity. To establish identity under federal rules, you must present a designated source document, such as an unexpired foreign passport with a valid U.S. visa and your approved Form I-94 documenting your most recent admission.
If your original status has expired while your extension is pending, you can still get a driver's license if you live in a state that does not require proof of lawful status. The following states offer access to state driver's licenses regardless of immigration status: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, and the District of Columbia.
