Answered October 2026

If you mean Texas DPS, your expired I-94 and missing SSN do not automatically block a license: a pending I-485 can support your application, and an SSN-ineligibility affidavit may cover the SSN requirement.

“How can I get a driver's license if my I-94 is expired, I don't have an SSN, and the DPS told me I need my I-485?”

Summary

You do not have to wait for green-card approval to use Texas's pending-I-485 route. The important pieces are a receipt showing the case is pending, successful verification, and separate proof of your identity and Texas residence.

For Texas DPS, the right route depends on whether your I-485 is already pending or you have another qualifying immigration document.

Your I-485 is already pendingPending case

Bring the USCIS Form I-797 receipt showing your pending I-485, along with your immigration documents and alien number or I-94 number. DPS DL-53 specifically lists pending adjustment-of-status applicants; its older detailed guide expressly addresses an expired I-94. You do not need an approved green card to use this category, but DPS must verify your information through . (DPS DL-53, page 3; DPS, Verifying Lawful Presence, July 2013 guide.)

You have other qualifying immigration proofAnother category

An I-485 is not required for every applicant. DPS separately lists applicants with an and certain other pending categories, including extensions or changes of status. Present the documents for your actual category; an expired I-94 alone does not establish that category, and DPS must complete verification. (DPS DL-53, page 3.)

You only have an expired I-94Not enough alone

If you have no pending I-485 and no other qualifying immigration documentation, the expired I-94 by itself does not establish the verified lawful presence Texas requires. A promise to file an I-485 is not the pending application listed by DPS, and DPS cannot issue a license before lawful presence is verified. (DPS DL-53; DPS, U.S. Citizenship or Lawful Presence Requirement.)

These routes concern a regular, noncommercial Texas license; identity, residency, SSN and testing requirements still apply.

Read the full explanation

Watch out for

You need proof of a pending caseFor the pending-I-485 route, bring the USCIS notice showing that your I-485 was received—not just an application you have filled out. DPS lists Form I-797 indicating a pending I-485. USCIS also warns that a receipt notice is not immigration approval and does not itself grant immigration status. (DPS DL-53, page 3; USCIS, Form I-797C.)
Identity is a separate requirementAn I-485 receipt can support lawful-presence verification, but it is not listed as a primary photo ID. DPS separately requires one primary identity document, two secondary documents, or one secondary plus two supporting documents. An unexpired EAD is a listed primary document; the foreign-passport-and-visa option lists a valid I-94. Do not assume your passport, expired I-94 and receipt automatically satisfy this separate requirement. (DPS, Identification Requirements.)
No SSN is different from SSN ineligibilityYou can use Form DL-13 only if you are not eligible for an SSN—not merely because you have not obtained one yet. If you have a current work permit, the SSN application route generally applies instead. DPS warns that a false affidavit can cause license cancellation and criminal charges. The affidavit is not available for a commercial driver license. (DPS, Social Security Number; SSA, Social Security Numbers for Noncitizens.)
A verification hold is not necessarily a denialDPS can request two additional SAVE verification stages. Its March 2026 DL-62 gives estimates of 10–13 business days after the second-stage request and up to 25 additional business days after the third-stage request. Use that newer, stage-specific guidance rather than treating the older DL-53's general 30-day estimate as a guarantee. (DPS DL-62, revised March 2026; DPS DL-53, revised March 2022.)

Next steps

Use these steps to address the two barriers DPS identified without overlooking the separate identity requirement.

Start here

Gather the proof for your immigration category

For a pending I-485, identify the Form I-797 notice that shows that specific application is pending. Take it with your immigration documents and a printed copy of DPS DL-53, page 3: https://www.dps.texas.gov/internetforms/Forms/DL-53.pdf. If you have no pending I-485, use the documents for another category actually listed by DPS rather than treating an unfiled I-485 as proof. (DPS DL-53.)

Requirements

USCIS receipt showing a pending I-485, if that is your route
Immigration documents with your alien number or I-94 number
Your expired I-94 and passport
Current EAD or other qualifying category documents, if applicable

Two different cases

Use the correct SSN route

If you are not eligible for an SSN, complete the Social Security Number Affidavit, Form DL-13, provided at the DPS office. If you are eligible but have not obtained an SSN—for example, you have a current EAD—apply through SSA instead: call 1-800-772-1213 for an appointment and use Form SS-5 at https://www.ssa.gov/forms/ss-5.pdf. Bring original documents or issuing-agency-certified copies: your current immigration document, unexpired foreign passport, and foreign birth certificate if you have it or can obtain it within 10 business days. The SSN application is free. (DPS, Social Security Number; SSA, Social Security Numbers for Noncitizens; Form SS-5.)

Requirements

If ineligible: truthful eligibility information for Form DL-13
If work-authorized: current EAD or other qualifying immigration document
For an SSA application: unexpired foreign passport and age evidence

Before another DPS visit

Assemble separate identity and Texas-address proof

For identity, an unexpired EAD is one listed primary document. Without a primary document, DPS permits two secondary documents, or one secondary plus two supporting documents; a passport and I-485 receipt should not simply be assumed sufficient. For residency, a lease and a utility bill dated within 180 days are listed examples, provided the name, address and 30-day requirements are met. The 30-day wait is waived when surrendering a valid, unexpired license or ID from another state, but two residency proofs are still required. If you cannot supply two, DPS provides a possible residency-affidavit route through Form DL-5: https://www.dps.texas.gov/internetforms/Forms/DL-5.pdf. Bring current Texas registration and insurance for vehicles you own, or the required statement that you own no vehicle. (DPS, Identification Requirements; Texas Residency Requirement; How to Apply.)

Requirements

One primary ID, or an accepted secondary/supporting combination
Two printed documents showing your name and Texas residential address
One residency document establishing at least 30 days in Texas, unless exempt
Vehicle registration and insurance documents if you own a vehicle

Before the relevant test

Complete the age-specific preparation

If you are 18–24 and applying for your first Texas license, complete the six-hour adult course; DPS waives it for new residents 18 or older surrendering a valid, unexpired out-of-state license. No driver education is required at 25 or older. If you will take a driving test, complete the Impact Texas Driver program so its certificate is dated within 90 days of the test: https://www.dps.texas.gov/section/driver-license/impact-texas-drivers-itd-program. If you are under 18, the separate teen learner pathway applies: DPS lists ages 15–17, required classroom education, and a learner-license holding period of at least six months unless you turn 18. (DPS, How to Apply; Texas Learners License as a Teen.)

Requirements

Ages 18–24: six-hour adult driver education for a first Texas license, unless the transfer exception applies
Age 25 or older: no driver-education requirement
Driving-test applicants: Impact Texas Driver certificate dated within 90 days of the test

Once your packet is ready

Book the DPS appointment and submit your application

Book at https://www.txdpsscheduler.com. The application is available at the office; the adult form is DL-14A: https://www.dps.texas.gov/internetforms/Forms/DL-14A.pdf. Budget $33 if DPS issues a limited-term license. For a first license, complete the required vision, knowledge and driving tests; DPS also takes your photograph, signature and thumbprints. Explain that you are presenting pending-I-485 evidence under DL-53, if that is your category. (DPS, Appointments; How to Apply; Driver License Fees.)

Requirements

Your complete document packet
Completed driver-license application
Payment for the applicable license fee

If the first electronic check fails

Have DPS complete any additional SAVE verification

Ask DPS to continue the additional verification process rather than treating a failed first check as the end of the application. DPS says you receive a SAVE case number at the transaction and may need two further verification stages. Its March 2026 guidance estimates 10–13 business days after the second-stage request and up to 25 additional business days after the third-stage request; DPS issues an instruction letter within 48 hours after receiving the response. Supply requested documents promptly. The license cannot be issued until verification is complete. (DPS DL-62; U.S. Citizenship or Lawful Presence Requirement.)

Requirements

Your SAVE case number
Any DPS instruction letter
Additional documents specifically requested by DPS

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 draws on Texas DPS licensing requirements and forms, USCIS receipt-notice guidance, and Social Security Administration application instructions.

DPS DL-53, Verifying Lawful Presence

Texas lists a pending I-485 as a licensing lawful-presence category, separately from EAD holders and other pending categories.

DPS DL-53, Verifying Lawful Presence

Page 3, Applicants for adjustment of status

This can include but is not limited to a form I-797 indicating pending I-485 or pending application for adjustment of status.

Read the full text

DPS Verifying Lawful Presence, July 2013 guide

DPS's older detailed guide expressly explains how a pending-I-485 notice can support an applicant whose I-94 has expired.

DPS Verifying Lawful Presence, July 2013 guide

Applicants for adjustment of status

If the immigration document with alien number or the I-94 is expired, this can include but is not limited to a form I-797 indicating pending I-485 or pending application for adjustment of status.

Read the full text

DPS, Social Security Number

Texas permits an SSN-ineligibility affidavit for a regular license, but not a commercial license.

DPS, Social Security Number

Social Security Number Affidavit

Individuals who are not eligible to receive a SSN, must complete a Social Security Number Affidavit (Form DL-13) provided at the driver license office.

Read the full text

USCIS, Form I-797C

A USCIS receipt proves submission of a benefit request, not approval of immigration status.

USCIS, Form I-797C

State and local benefit-granting agencies

USCIS reminds those agencies that Form I-797C is only a receipt proving an applicant has submitted a benefit request; USCIS has not determined whether that applicant is eligible for an immigration benefit.

Read the full text

DPS, Identification Requirements

Texas's passport-and-visa identity option lists a valid I-94; an I-485 receipt is not expressly listed as primary photo identification.

DPS, Identification Requirements

Primary Identity Documents

Valid, unexpired foreign passport with attached visa (the visa requirement may be waived in the case of Parolees, the Republic of Palau, the Republic of the Marshall Islands, the Federated States of Micronesia and certain Canadian non-immigrants) and valid Form I-94

Read the full text

SSA, Social Security Numbers for Noncitizens

Work authorization generally establishes SSN eligibility; the publication also gives the documents and appointment procedure for applying.

SSA, Social Security Numbers for Noncitizens

Does a noncitizen need a Social Security number?

Generally, only noncitizens authorized to work in the United States by the Department of Homeland Security (DHS) can get an SSN.

Read the full text

Form SS-5

The SSN application requires evidence of age, identity and qualifying immigration status, and applying is free.

Form SS-5

Page 1, Original Social Security Card

To apply for an original card, you must provide at least two documents to prove age, identity, and U.S. citizenship or current lawful, work-authorized immigration status.

Read the full text

DPS, Texas Residency Requirement

Texas normally requires two residency documents, including one establishing at least 30 days of Texas residence.

DPS, Texas Residency Requirement

To verify Texas residency, an individual must present two printed documents from the list below. Both documents must contain the individual's name and residential address. One of the documents must verify that the individual has lived in Texas for at least 30 days.

Read the full text

DPS, How to Apply for a Texas Driver License

DPS gives the application, education, vehicle-document and testing requirements for a first Texas license.

DPS, How to Apply for a Texas Driver License

Additional requirements

A six-hour adult Driver Education course, if you are 18 through 24 years of age and applying for your first Texas driver license.

Read the full text

DPS, Texas Learners License as a Teen

Applicants under 18 have a separate learner-license pathway and holding period.

DPS, Texas Learners License as a Teen

Teen Drivers Phase I

A Learner license must be held for at least six months unless you turn 18; it will expire on your 18th birthday.

Read the full text

DPS, Driver License Services—Appointments

An in-office Texas driver-license application requires an appointment.

DPS, Driver License Services—Appointments

The Department offers all in-office driver license (DL) and identification (ID) card services by appointment only.

Read the full text

DPS, Driver License Fees

DPS lists a $33 fee for a limited-term driver license.

DPS, Driver License Fees

Limited term driver license

|**Limited term driver license** _For temporary visitors to the US_ |**$33** |Expires when period of [lawful presence](https://www.dps.texas.gov/section/driver-license/driver-licenses-and-id-cards-temporary-visitors "Driver License for Temporary Visitors") expires, or in one year if lawful presence period is “duration of status” |

Read the full text

DPS DL-62

Failed initial verification can lead to additional SAVE checks rather than a final rejection.

DPS DL-62

What does it mean if I am not verified and my card is not issued?

DPS will place your driver license or identification card application on hold until SAVE can verify your lawful presence. Your application has not necessarily been rejected.

Read the full text

DPS, U.S. Citizenship or Lawful Presence Requirement

Texas cannot issue the license before federal verification is complete.

DPS, U.S. Citizenship or Lawful Presence Requirement

Verification of lawful presence

A driver license or ID card cannot be issued until the period of lawful presence is verified by DHS.

Read the full text

These are the official rules and guidance published on the cited dates and reviewed for this answer on October 16, 2026; rules and procedures can change.

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

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