Memorandum in Support of Driver License Renewal or Extension

Given the recent USCIS regulations, if visa holders encounter difficulties extending the validity of their driver’s licenses in the United States, they can use this memorandum to help facilitate a smooth extension.

Note: This sample only apply to individual living in the state of Texas; please update and verify the contents according your state’s requirements if outside of Texas.

To: Texas Department of Public Safety / Driver License Office

From: [Your Name]

Date: [Date]

Re: Eligibility to Renew or Extend Texas Driver License Based on Valid I‑94

I am submitting this memorandum to explain why I remain eligible to renew or extend my Texas driver license based on my current immigration status.

1. My lawful status in the United States

I am lawfully present in the United States in nonimmigrant status. My most recent Form I‑94, Arrival/Departure Record, issued by the U.S. Department of Homeland Security, is valid until [I‑94 expiration date]. This I‑94 controls the duration of my authorized stay in the United States, and as long as it is valid, I remain in lawful nonimmigrant status.

Although the visa stamp in my passport has expired, a visa is only an entry document used to request admission at a U.S. port of entry. The expiration of the visa stamp does not end my lawful stay in the United States. My lawful presence is governed by my valid I‑94 record, which remains unexpired.

2. Recognition in Texas rules that a valid I‑94 is sufficient

The Texas Administrative Code and the Department’s own driver‑license guidance recognize that a foreign national may establish identity and lawful presence with a foreign passport, a U.S. visa, and an unexpired Form I‑94 with a defined expiration date. The rule and the Department’s published form expressly contemplate that the visa may be “valid or expired,” so long as the I‑94 is valid. In other words, Texas has already recognized in its own Code and forms that a valid I‑94 is the controlling indicator of lawful presence for noncitizens, and that an expired visa stamp does not prevent a person from using these documents as primary identification.

I am presenting exactly these documents:

·       My foreign passport;

·       My U.S. visa (which may be expired); and

·       My unexpired Form I‑94 showing that I am admitted in [status] through [I‑94 expiration date].

These are the very documents that the Texas rules and DPS forms identify as acceptable primary identification for driver license purposes, and they reflect my continued lawful presence in the United States.

3. Request for license issuance or extension

Because my I‑94 remains valid and I continue to be lawfully present in the United States, I meet the documentation requirements to establish both identity and lawful presence for a Texas driver license. I respectfully request that DPS accept my foreign passport, visa, and unexpired I‑94 as sufficient documentation to renew or extend my Texas driver license through the validity period permitted under DPS policy.

If there are any questions about my immigration status or documents, I am happy to provide additional supporting evidence or have my immigration attorney available to clarify.

Thank you for your attention and for your service to the people of Texas.

Sincerely,

[Your Signature]

[Your Name]

[Your A‑Number or I‑94 Number, if appropriate]

[Your Address]

[Your Phone / Email]