Driver License
u/qsok3dr/DMVJun 7, 2026
Im in California, we have to have a valid passport, EAD, or birth certificate to be able to do a first time ID/DL card
Answered August 2026
You cannot get a Colorado standard ID today from an approved I-360 and ordinary ICE papers alone; you need either a qualifying pending-I-485 receipt plus a separate listed identity document, or the CO-RCSA route with a passport, consular ID, or foreign military ID.
“I have an approved SIJ I-360, but my Indian passport is with ICE and I don't have a work permit because I didn't receive deferred action. How can I obtain a standard state ID in Colorado using my ICE documents?”
Summary
Not having an EAD does not end your chance of getting a Colorado standard ID. The hard part is supplying a document on Colorado's identity list; your passport being with ICE can be addressed by seeking its return, using another listed identity document, or—if you have a pending I-485 receipt—trying the TLP exceptions route.
Your route turns on whether you have a qualifying pending-I-485 receipt and another listed identity document—not simply on the approved I-360.
Pending-I-485 TLP routeif I-485 filed
If you have an for a pending I-485 issued within five years, use the checklist. You must pair it with one listed identity document: a Colorado or out-of-state license/ID, foreign passport, consular ID, or expired I-766, within the applicable ten-year limit; if an identity document is unavailable for reasons beyond your control, current TLP applicants may seek (Colorado DMV DR 2300B, pp. 1-2).
CO-RCSA standard-ID routeno EAD needed
If you do not have a qualifying pending-I-485 receipt, use . Bring one original foreign passport, consular identification card, or foreign military ID that is unexpired or expired less than ten years, plus Form DR 2212A and one qualifying Colorado-address document dated within one year (Colorado DMV DR 2300C and Standard Licenses and IDs). You must first recover the passport from ICE or obtain another listed identity document; ordinary ICE paperwork is not a substitute on the current checklist.
I-360 plus ICE papers alonenot enough
An approved I-360, I-220A, I-220B, I-862, ICE passport receipt, or similar ICE paperwork is not listed as a stand-alone identity option on DR 2300B, DR 2300C, or the current DR 2469 list. Today, those papers alone do not complete either Colorado route.
The no-EAD fact does not block the route, but that route still requires one of its listed identity documents.
Read the full explanationHide the full explanation
Watch out for
Approved I-360 is not a DMV identity documentColorado's current checklist does not list an approved SIJ Form I-360 or ordinary ICE forms as proof of identity or lawful presence. USCIS also ended automatic deferred-action determinations for SIJ-based I-360s filed on or after May 10, 2026, so do not expect the approval notice to replace an EAD or another document on DMV Form DR 2300B.
A pending I-485 receipt needs separate identityIf you have an for a pending Form I-485, DR 2300B accepts it when issued within five years, but you must also present a listed identity document: a Colorado or out-of-state credential, foreign passport, consular ID, or expired I-766, each within the checklist's ten-year limit. If the receipt is older than five years, the checklist permits written USCIS evidence that the application remains pending.
A copy from ICE may not qualifyDR 2300B and DR 2300C require an original or a true copy certified by the issuing agency; ordinary photocopies, notarized copies, and online printouts are rejected. Because India—not ICE—issued your passport, do not assume an ICE photocopy or property receipt meets that rule.
Undocumented exceptions are not open yetAs of August 23, 2026, Colorado DMV says non-lawfully-present customers are not eligible for and directs them to check back on January 1, 2027. The DMV has not yet published which, if any, ICE documents that future process will accept.
Standard ID is not federal IDA issued through the undocumented route is marked not valid for federal identification, voting, or public-benefit purposes. It is not a REAL ID for federal uses such as airport screening.
Next steps
These steps identify the route you can use now and put the required documents in dependency order.
First
Sort your papers into the correct route
If you have an I-797C showing receipt of a pending I-485 issued within five years, use DR 2300B's TLP route; if older, add written USCIS evidence that the I-485 remains pending. If you do not have that receipt, use DR 2300C's CO-RCSA route. Do not count the I-360 approval or ICE forms as a listed identity document.
Requirements
Any I-797C receipt for a pending Form I-485
Any old Colorado or out-of-state license/ID
Any foreign passport, consular ID, foreign military ID, or expired I-766
If no other listed identity document works
Submit an ERO inquiry for your original passport
Submit the official ICE ERO form at https://www.ice.gov/webform/ero-contact-form and request return of the original passport; you can also call 1-888-351-4024. The form is an inquiry channel and does not guarantee return or a response date, so do not treat an ICE copy or property receipt as DMV approval.
Requirements
Your full name and contact details
Date and country of birth
A-number, or N/A if none
A clear description that ICE holds your original Indian passport
Before booking
Assemble the DMV document packet
For TLP, follow https://dmv.colorado.gov/sites/dmv/files/documents/DR%202300B%20TLP%20Checklist.pdf. For CO-RCSA, follow https://dmv.colorado.gov/sites/dmv/files/documents/DR2300C.pdf and complete https://dmv.colorado.gov/sites/dmv/files/documents/DR2212A.pdf. A bank statement, lease or mortgage statement, utility/phone bill, pay stub, insurance policy, vehicle registration/title, qualifying rent receipt, credit-card statement, or first-class mail can serve as the address document if it meets the checklist conditions.
Requirements
TLP: qualifying I-797C plus one separately listed identity document
CO-RCSA: foreign passport, consular ID, or foreign military ID, unexpired or expired less than 10 years
One address document in your name, at your physical Colorado address, dated within one year
Completed DR 2212A affidavit for the CO-RCSA route
English originals or issuing-agency-certified true copies; translate non-English documents
When the packet is ready
Pre-register and book a state-ID appointment
Pre-register at https://mydmv.colorado.gov/, save the PDF confirmation, then schedule a first-time state-ID appointment through https://dmv.colorado.gov/AppointmentScheduling. You may select any listed driver-license office for state-ID service; bring the confirmation and every original document.
Requirements
Completed document packet
Saved or printed pre-registration PDF
If DMV rejects an incomplete TLP packet
Use Exceptions Processing only if your TLP packet qualifies
At the first appointment, request the incomplete-application notice and Form DR 2469, complete Form DR 2020, and submit the packet at a driver-license office for an Exceptions Processing technician; do not send it yourself by mail, email, or fax. This route is currently available only to qualifying TLP applicants in your situation—not to non-lawfully-present applicants before January 1, 2027—and the current DR 2469 does not list your ICE forms.
Requirements
Qualifying TLP/lawful-presence document
DMV notice of incomplete application
Form DR 2020
Documents requested under Form DR 2469
At issuance
Pay for and receive the standard ID
Pay the current $14 standard-identification-card fee. The DMV mails the card to the address you provide; its ID page says delivery usually takes 10-14 business days but can take up to 30 business days.
Requirements
Accepted application
$14 standard-ID fee
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 rests on Colorado DMV Forms DR 2300B, DR 2300C, DR 2212A, and DR 2469, Colorado DMV application pages, the USCIS SIJ alert, and the ICE ERO contact form.
Colorado DMV Form DR 2300B
This is the controlling Colorado checklist for the pending-I-485/TLP branch and its separate identity-document requirement.
Colorado DMV Form DR 2300B
Step 1, page 1
I-797C Notice of Action demonstrating receipt of an application: To register Permanent Residence or Adjust Status issued within 5 years of the date of application Colorado driver license/instruction permit/ID card (Unexpired/expired less than 10 years) Out-of-state driver license/instruction permit/ID card (Unexpired/expired less than 10 years) Foreign passport valid or expired less than 10 years Consular identification card valid or expired less than 10 years Employment Authorization Document (I-766) expired less than 10 years
Colorado DMV Form DR 2300C
This establishes the three foreign identity-document options for the non-lawfully-present/CO-RCSA branch and the ten-year limit.
Colorado DMV Form DR 2300C
Step 1, page 1
Bring one of the following: Foreign passport Consular identification card Military identification document Colorado driver license/instruction permit/ID card (for renewal only) Document must contain your full legal name, your date of birth, the date of issuance, the name of the country that issued the document, and a full facial photograph. Document must be unexpired or expired less than 10 years.
Colorado DMV Form DR 2300C
This establishes why a normal copy or notarized copy of the passport is not enough.
Colorado DMV Form DR 2300C
Page 1
All documents must be unaltered certified originals, certified amended originals, or true copies certified by the issuing agency. Photocopies, notarized documents and online printouts are not accepted.
Colorado DMV Standard Licenses and IDs
This establishes that the undocumented route cannot use exceptions processing before January 1, 2027.
Colorado DMV Standard Licenses and IDs
Exceptions Processing
Non-lawfully present (undocumented) customers: Currently not eligible for exceptions processing. Check back on January 1, 2027.
USCIS Special Immigrant Juveniles policy alert
This establishes the current SIJ deferred-action rule that replaced the earlier policy.
USCIS Special Immigrant Juveniles policy alert
Alert
The new policy takes effect May 10, 2026. For all SIJ-based Forms I-360 filed on or after May 10, 2026, USCIS will no longer automatically conduct deferred action determinations for SIJs who cannot apply for adjustment of status solely because an immigrant visa is not immediately available.
Colorado DMV Exceptions Processing
This explains the limited purpose of Colorado's alternative-document process.
Colorado DMV Exceptions Processing
Exceptions Processing is for people who can't meet the minimum requirements from the Identification Requirements Charts for a Colorado permit, driver license or identification card.
Colorado DMV Form DR 2469
This establishes the document-quality rules in the current exceptions list; the list does not itself name the user's ICE forms.
Colorado DMV Form DR 2469
Page 1
All documents presented must be unaltered originals, amended originals, and/or documents certified by issuing agency. (Documents containing a notary seal are not acceptable)
Colorado DMV First Visit Instructions
This establishes the first-time application sequence and what to bring to the appointment.
Colorado DMV First Visit Instructions
Steps 1-3
After pre-registration, you need to schedule an appointment! Bring the Pre-Registration PDF Confirmation (Electronic or Paper).
Colorado DMV State Fees
This is the DMV's current posted standard-identification-card fee.
Colorado DMV State Fees
Standard credentials
Fees listed in this section are for certain Standard credentials issued under the Colorado Road and Community Safety Act. Identification Card |$14.00 |
ICE ERO Contact Form
This gives the official ERO inquiry line for asking ICE about the held passport, without promising its return.
ICE ERO Contact Form
You may also submit an inquiry by calling the ICE ERO Detention Reporting and Information Line at 1-888-351-4024
Colorado DMV Identification Cards
This provides the DMV's posted delivery window after issuance.
Colorado DMV Identification Cards
Identification Cards
Your new ID card will be mailed to the address you provide. Documents usually arrive in 10-14 business days, but may take up to 30 business days to be delivered.
These are the official rules as published or revised on the cited dates; rules can change.
This is general information about official processes, not legal advice, and SettleKit is not a law firm.
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