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 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.
“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?”
Summary
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.
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Federal rules and state exceptions
Proof of lawful status: To issue a federal , 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.
Proof of identity: A state DMV will not accept your 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 documenting your most recent admission.
State laws that allow you to drive: 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.
Legal sources
The rules governing driver's licenses and lawful status come from the Code of Federal Regulations and state-by-state policy tracking.
6 CFR 37.11(g)
A state DMV can only issue a REAL ID if you present satisfactory evidence of your lawful status.
A DMV may issue a REAL ID driver's license or identification card only to a person who has presented satisfactory evidence of lawful status.
6 CFR 37.3
The federal definition of lawful status includes having a valid nonimmigrant status or a pending application for permanent residence or asylum.
Lawful status: A person in lawful status is a citizen or national of the United States; or an alien: lawfully admitted for permanent or temporary residence in the United States; with conditional permanent resident status in the United States; who has an approved application for asylum in the United States or has entered into the United States in refugee status; who has a valid nonimmigrant status in the United States; who has a pending application for asylum in the United States; who has a pending or approved application for temporary protected status (TPS) in the United States; who has approved deferred action status; or who has a pending application for lawful permanent residence (LPR) or conditional permanent resident status.
6 CFR 37.11(c)
To prove your identity for a REAL ID, you must present an approved source document, such as your foreign passport with a valid U.S. visa and your I-94 form.
To establish identity, the applicant must present at least one of the following source documents: (i) Valid, unexpired U.S. passport. (ii) Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individual's State of birth. (iii) Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State, Form FS-240, DS-1350 or FS-545. (iv) Valid, unexpired Permanent Resident Card (Form I-551) issued by DHS or INS. (v) Unexpired employment authorization document (EAD) issued by DHS, Form I-766 or Form I-688B. (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.
This is general guidance, not legal advice. Consult a licensed immigration attorney for your specific situation.
SettleKit is not a law firm. This information is for educational purposes and does not constitute legal advice.

