My ID is expired. DMV is not renewing it during pending status (FO: Montgomery, AL | DMV Lee County)
u/No-Band6269r/USCISJul 14, 2026
In VA, they give out DL with one year validity when using I485 receipt notice.
Yes, your husband may have a California license route while O-3 is pending, but an O-3 filing receipt alone will not extend his limited-term REAL ID: he needs qualifying current F-2 proof or an AB 60 license.
“We live in California and filed my husband's O-3 change of status before his F-2 expired. His driver's license expires soon. Can he renew or extend his California driver's license while his O-3 application is still pending?”
Summary
A pending O-3 application does not automatically renew his current license, but California offers a separate driving-license route when he cannot document current legal presence. The key is to apply for the route his documents support before his license expires.
The route depends on whether he can still document qualifying F-2 status, has received O-3 approval, or has only a pending O-3 application.
F-2 status and documents are still validF-2 still valid
If his F-2 status is still in effect and he has an acceptable expiring at least 60 days after he applies, he can seek renewal of his on that existing status; DMV must verify lawful status. A REAL ID renewal requires a field-office visit. ([California DMV](https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/limited-term-for-legal-presence); [6 CFR 37.21](https://www.ecfr.gov/current/title-6/chapter-I/part-37/subpart-B/section-37.21); [DMV REAL ID guidance](https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/real-id/what-is-real-id/real-id-info-non-u-s-citizens/))
F-2 proof has expired; O-3 is pendingwhile waiting
If he cannot provide satisfactory proof of current legal presence, he can apply for California's using proof of identity and California residency. It is a license to drive, not a REAL ID; his existing California license may serve as an identity document under DMV's AB 60 document guide. ([Vehicle Code § 12801.9(a)(1)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12801.9.&lawCode=VEH); [California DMV AB 60 guidance](https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/assembly-bill-ab-60-driver-licenses/); [DMV document guide](https://qr.dmv.ca.gov/portal/file/user-friend-guide-to-document-options-to-obtain-a-california-dl-pdf))
O-3 is approved before renewalif approved
If USCIS approves O-3 and he can present updated DHS legal-presence documentation meeting DMV's 60-day requirement, he can seek the limited-term renewal on the newly approved status. USCIS says not to assume a change of status is approved before receiving approval. ([USCIS](https://www.uscis.gov/visit-the-united-states/change-my-nonimmigrant-status); [California DMV](https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/limited-term-for-legal-presence))
Extend REAL ID using only the O-3 receiptreceipt alone
His pending Form I-539 receipt alone does not establish lawful O-3 status. Federal rules require verifiable evidence of qualifying lawful status to issue or renew a temporary or limited-term REAL ID, and a pending change-of-status application does not itself confer that status. ([USCIS Policy Manual](https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3); [6 CFR 37.21](https://www.ecfr.gov/current/title-6/chapter-I/part-37/subpart-B/section-37.21))
None of these routes makes an expired license valid for driving; he needs a current license or a temporary license actually issued by DMV. ([California DMV](https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/renew-your-driver-license-dl-or-identification-card-id/))
Read the full explanationHide the full explanation
Watch out for
Filing on time does not extend the licenseHis pending O-3 change-of-status application does not itself give him O-3 status or extend his California license. If the license expires before he receives a valid renewal or temporary license, he must stop driving. ([USCIS Policy Manual](https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3); [California DMV renewal guidance](https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/renew-your-driver-license-dl-or-identification-card-id/))
The 60-day document ruleFor an extension of a , California DMV requires a that expires at least 60 days after the application date. A DMV temporary license issued while it verifies an eligible document is not an automatic extension while USCIS decides the O-3 application. ([California DMV](https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/limited-term-for-legal-presence))
A different use of Form I-797CDMV lists an I-797C alongside certain expired permanent-resident or employment-authorization cards. That example does not say a receipt for his pending O-3 change of status establishes O-3 status. ([California DMV REAL ID guidance](https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/real-id/what-is-real-id/real-id-info-non-u-s-citizens/); [USCIS Policy Manual](https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3))
Mailing a REAL ID renewalDMV's general limited-term instructions say to mail a renewal notice and updated DHS document to its Sacramento processing address. But DMV separately says a applicant cannot mail renewal documents and must present them at a field office. Use the in-person route if his current license is a REAL ID. ([California DMV renewal guidance](https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/renew-your-driver-license-dl-or-identification-card-id/); [California DMV REAL ID guidance](https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/real-id/what-is-real-id/real-id-info-non-u-s-citizens/))
Next steps
These steps identify the right DMV route and help him avoid a gap in driving privileges.
Before the license expires
Compare his current documents with the DMV's 60-day rule
For a limited-term extension, his qualifying legal-presence document must expire at least 60 days after the day he applies. Do not count the pending Form I-539 receipt as O-3 approval. ([California DMV](https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/limited-term-for-legal-presence); [USCIS](https://www.uscis.gov/visit-the-united-states/change-my-nonimmigrant-status))
Requirements
Current California driver’s license
F-2 immigration and DHS documents showing their expiration dates
Any O-3 approval notice, if USCIS has issued one
If he can document qualifying status
Renew on documented F-2 or approved O-3 status if eligible
If he holds a REAL ID, take the documents to a DMV field office; DMV says REAL ID renewal documents cannot be mailed. For a non-REAL-ID limited-term renewal, DMV instructs applicants to send the completed renewal notice and updated DHS documentation to Department of Motor Vehicles, PO BOX 942890, MS G204, Sacramento, CA 94290-0001. The published Class C renewal fee is $46. ([DMV REAL ID guidance](https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/real-id/what-is-real-id/real-id-info-non-u-s-citizens/); [DMV renewal guidance](https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/renew-your-driver-license-dl-or-identification-card-id/); [DMV fees](https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/licensing-fees/))
Requirements
A qualifying, current DHS legal-presence document
DMV renewal notice, if received
Current driver’s license
If only O-3 is pending
Apply under AB 60 if he cannot document current legal presence
Start the driver-license application at https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/dl-id-online-app-edl-44/ using a MyDMV account. Select the AB 60 route, then make a DMV office appointment at https://www.dmv.ca.gov/portal/appointments/select-location/A to bring identity and residency documents and take the knowledge test. DMV lists $46 for a Class C original application. ([California DMV AB 60 guidance](https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/assembly-bill-ab-60-driver-licenses/); [DMV document guide](https://qr.dmv.ca.gov/portal/file/user-friend-guide-to-document-options-to-obtain-a-california-dl-pdf); [DMV fees](https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/licensing-fees/))
Requirements
His California driver’s license as identity proof, if issued in or after October 2000
California residency proof in his name at the address on his application, such as a home utility or cell-phone bill
If the current license expires first
Do not drive through an uncovered gap
Do not drive merely because he submitted a DMV application or has an O-3 receipt. Wait until DMV has issued him a valid license or temporary driver’s license; California DMV says driving on an expired license is illegal. ([California DMV](https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/renew-your-driver-license-dl-or-identification-card-id/))
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.
Renewing Driver License with pending I-485
u/FinanceGuy100r/immigrationApr 23, 2026
After they had verified, they gave me a 1 year non- Real ID DL. It has the "not for federal purposes annotation"
Legal sources
This answer relies on California's Vehicle Code and DMV instructions, USCIS guidance, and federal REAL ID regulations.
USCIS Policy Manual Vol. 7 Pt. B Ch. 3
A pending change-of-status application does not itself give him lawful immigration status.
USCIS Policy Manual Vol. 7 Pt. B Ch. 3
Vol. 7, Pt. B, Ch. 3
A pending application to extend or change status (Form I-129 or Form I-539), a pending adjustment application, or a pending petition does not confer lawful immigration status on an applicant.
6 CFR 37.21(a)
A temporary or limited-term REAL ID requires DHS-verifiable evidence of lawful status.
6 CFR 37.21(a)
(a)
States must require, before issuing a temporary or limited-term driver's license or identification card to a person, valid documentary evidence, verifiable through SAVE or other DHS-approved means, that the person has lawful status in the United States.
California DMV Limited Term for Legal Presence
California's limited-term extension requires a legal-presence document with at least 60 days remaining when he applies.
California DMV Limited Term for Legal Presence
Limited-term extension
If your limited-term DL/ID card expires and you need an extension, you must provide a BD/LP document that expires 60 or more days from the day you apply.
California DMV Limited Term for Legal Presence
A temporary license during DMV verification is conditional, not an automatic bridge for a pending USCIS decision.
California DMV Limited Term for Legal Presence
Document verification
If a secondary BD/LP document verification is necessary, DMV will issue you a temporary DL after you pass all the required tests.
California Vehicle Code § 12801.9(a)(1)
California law provides a driver-license route when he cannot supply satisfactory proof of authorized presence.
California Vehicle Code § 12801.9(a)(1)
(a)(1)
Notwithstanding Section 12801.5, the department shall issue an original driver’s license to a person who is unable to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law if the person meets all other qualifications for licensure and provides satisfactory proof to the department of the person’s identity and California residency.
California DMV AB 60 Driver’s Licenses
DMV describes who may apply under AB 60 and the identity and residency requirements.
California DMV AB 60 Driver’s Licenses
AB 60 Driver’s Licenses
AB 60 driver’s licenses are for individuals who are unable to provide proof of legal presence in the United States, but who meet California DMV requirements and are able to provide proof of identity and California residency.
California DMV DL 1065
His existing California license can be an AB 60 identity document if issued in or after October 2000.
California DMV DL 1065
page 1, Table A
• California Driver’s License (issued in or after 10/2000)
California DMV DL 1065
A home utility or cell-phone bill is one listed kind of California residency evidence.
California DMV DL 1065
Proof of California residency
• Home utility bills (including cellular phone bills).
California DMV AB 60 Driver’s Licenses
DMV's published AB 60 application process includes a knowledge test.
California DMV AB 60 Driver’s Licenses
Pass the Knowledge Test
You will need to take and pass a knowledge test.
California DMV Licensing Fees
The DMV lists $46 for a Class C original or renewal application.
California DMV Licensing Fees
Driver’s License Fees, Class C
Fee $46
California DMV REAL ID Info: Non-U.S. Citizens
A REAL ID holder must present renewal documents at a DMV field office rather than mail them.
California DMV REAL ID Info: Non-U.S. Citizens
Limited-term REAL ID renewal
It is important to note that a REAL ID applicant cannot mail in any documents to renew their license. They must visit a field office and present their documents.
California DMV Driver’s License or ID Card Renewal
The ordinary limited-term renewal notice requests updated DHS documentation.
California DMV Driver’s License or ID Card Renewal
Renew Your Limited Term DL/ID Card
The notice will request an updated Department of Homeland Security (DHS) extension information/document.
California DMV Driver’s License or ID Card Renewal
Filing a renewal application is not permission to drive after the old license expires.
California DMV Driver’s License or ID Card Renewal
Renew Your Driver License
It is illegal to drive with an expired DL and you can be cited.
6 CFR 37.71(a)(1)
A non-REAL-ID license is not acceptable as a federal-purpose identification card.
6 CFR 37.71(a)(1)
(a)(1)
Clearly state on their face and in the machine readable zone that the card is not acceptable for official purposes;
USCIS Change My Nonimmigrant Status
He cannot treat a pending request as approved O-3 status.
USCIS Change My Nonimmigrant Status
Change My Nonimmigrant Status
Until you receive approval from USCIS, do not assume the status has been approved, and do not change your activity in the United States.
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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