- Texas will accept a passport with an expired U.S. visa for licenses if the applicant also shows an unexpired I-94.
- The adopted rule was filed August thirty-first, twenty twenty-six and takes effect September twentieth, twenty twenty-six.
- Texas still requires lawful-presence checks through the SAVE system before issuing driver’s licenses or state IDs.
Texas will continue accepting certain foreign passports for driver’s license and state identification purposes after the visa stamp expires, provided the applicant also presents an unexpired Form I-94 and passes federal verification. The adopted rule was filed with the Texas Secretary of State on August 31, 2026, and takes effect September 20, 2026.
The policy applies when the passport contains a U.S. visa, whether the visa remains valid or has expired. The passport and admission record must support the applicant’s identity and lawful presence.
An expired U.S. visa does not automatically disqualify the document. The applicant still needs a valid I-94 showing an authorized fixed stay or a period described as the duration of stay.
The visa stamp cannot stand alone. Texas requires the passport, the current admission record and lawful-presence verification through the federal SAVE system.
The rule covers applications for both driver’s licenses and state identification cards. It addresses identity documentation, not the underlying immigration case or the length of time a person may remain in the United States.
Texas ties identity acceptance to the admission record
Emily Neumann, an immigration lawyer, said the policy followed updated guidance from the U.S. Department of Homeland Security concerning facially expired visas and SAVE verification. She posted:
“Our advocacy worked!”
Neumann also said Texas received updated DHS guidance confirming that “a valid passport plus expired visa is still acceptable to prove identity for REAL IDs.”
The adopted rule treats the admission record as a separate part of the document review. A passport with an expired visa may remain acceptable when the accompanying I-94 continues to support the person’s admitted stay and the record can be verified.
That structure leaves two requirements operating together. The passport establishes the identity document, while the I-94 supplies the current admission information used in the review.
The rule covers two I-94 validity descriptions
The Texas Department of Public Safety rule appears in the identity-document provisions of 37 TAC § 15.24. Its language keeps a foreign passport with a U.S. Department of State visa acceptable as primary identification when the admission record remains valid.
The rule covers an I-94 marked for a fixed duration. It also covers an I-94 marked “valid for the duration of stay.”
The adopted language describes the visa as acceptable “whether valid or expired.” That wording preserves the document combination for applicants whose visa stamp no longer carries a current expiration date, as long as the other conditions remain satisfied.
The regulation also addresses people who did not need a visa under federal law to enter the United States. In those cases, the visa requirement may be waived.
That provision does not remove the rest of the review. The passport or other qualifying identity document must still be presented, and the applicant’s information must be verified through the applicable process.
The licensing rule does not create a new admission period
The change does not renew a visa. It does not extend immigration status, and it does not create a new period of admission to the United States.
Instead, it controls which identity documents Texas will accept for licensing and identification purposes. A person’s underlying immigration record remains governed by the federal admission information reflected in the I-94 and related records.
That distinction also explains why an expired visa stamp alone is insufficient. The passport must be paired with an unexpired admission record, and the information must clear the state’s lawful-presence verification process.
The adopted rule is scheduled to take effect on September 20, 2026. Until then, its operative date remains tied to the filing made with the Texas Secretary of State on August 31, 2026.
