Immigration attorney provides new update on Texas driver's license row, says it's a trap for H-1B, H-4, F1 visa holders

Immigration attorney Emily Neumann has confirmed that what started as some sporadic incidents of Texas denying renewal of a driver’s license to those whose visa stamping had expired is now becoming a new rule that would affect visa holders in the state, as well as visa holders from other states who are looking to move to Texas and get a driver’s license.Visa stamping is only required to enter the US, and if someone has this stamping expired, that does not mean the person is an illegal. Form I-94 is the document that determines how long a person is allowed to stay in the US.“The Texas Department of Public Safety has begun taking the position that it will no longer accept a foreign passport containing an expired visa as a primary identity document for REAL ID purposes. DPS describes the change as necessary to align Texas requirements with the federal REAL ID regulation,” Neumann said after she raised alarm over the issue a few days ago. The immigrant lawyer said that the proposed rule is open to public comments until July 26 and people should email to [email protected]Neumann said for Texans, the most protective step now will be to apply for a Texas driver’s license while the visa stamp remains valid. But those who already have a visa stamp expired are in the soup.“Consider a professional who lawfully entered the United States on a valid visa, lived and worked in another state, received an extension of status from USCIS, and later relocated to Texas for a new position. That person may have a valid passport, a current Form I-94, an approved immigration petition, and a valid driver license from the prior state. Yet in Texas, the out-of-state license may count only as a supporting document, the passport alone may count only as a supporting document, and the applicant may have no qualifying secondary document,” Neumann explained adding that if a person is in such a situation, they should find another document like an Employment Authorization Document or get a new visa stamp from their home country.

Go back to India to get a driver’s license renewed in Texas?

Breaking down the situation, an Indian visa holder in Texas will have to fly back home first to get a driver’s license renewed if their visa stamp has expired. Visa stamping in India practically hit a dead-end last December as US consulates canceled and rescheduled all appointments. It’s still very difficult to get a visa stamping appointment in India because of the huge waiting line.