Non-U.S. citizens with lawful presence can get a REAL ID-compliant card

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Key Takeaways

• Non-U.S. citizens with lawful presence can obtain a REAL ID-compliant card if required documents are provided.
• Card expiration matches legal stay period; permanent residents typically renew every four years like citizens.
• Undocumented immigrants are not eligible for REAL ID-compliant cards but may receive state IDs marked ‘not for federal identification.’

The following FAQ is designed to help non-U.S. citizens understand how they can apply for and receive a REAL ID-compliant card in the United States 🇺🇸. Whether you are a permanent resident, a temporary visitor, or have another legal status, these questions and answers will help you know if you qualify, what documents you need, and what to expect during the process. This FAQ also covers differences between states, important notes about lawful presence, and where to find more help.

Most Popular Questions

Non-U.S. citizens with lawful presence can get a REAL ID-compliant card

1. Can non-U.S. citizens apply for a REAL ID-compliant card?
Yes, non-U.S. citizens can apply for and receive a REAL ID-compliant card if they can show they have lawful presence in the United States 🇺🇸. Lawful presence means you have legal permission to be in the country, such as holding a Green Card, a valid visa, refugee or asylee status, or another approved status.

2. What does “lawful presence” mean for REAL ID purposes?
Lawful presence for REAL ID means you are allowed to be in the United States 🇺🇸 under federal law. This can include:

Lawful permanent residents (Green Card holders)
People with valid visas (such as student or work visas)
Refugees and asylees
Others with an approved legal status

If you are present in the country without legal status—sometimes called “undocumented”—you are not considered to have lawful presence and cannot get a REAL ID-compliant card.

Eligibility and Required Documents

3. Who is considered eligible for a REAL ID-compliant card among non-U.S. citizens?
You are eligible if you:

Can prove your lawful presence in the United States 🇺🇸
Have the correct documents to show your identity and status
Meet your state’s residency requirements

Most states follow federal rules for eligibility but may have small differences in how you apply or what documents are accepted.

4. What documents must non-U.S. citizens present to get a REAL ID-compliant card?
You need to bring documents that prove:

Identity and lawful presence, such as:
- Unexpired foreign passport with a valid U.S. visa and I-94 form
- Permanent Resident Card (Green Card)
- Employment Authorization Document (EAD)
- Other government papers granting legal presence
Social Security Number (SSN), or if you do not qualify for an SSN, a letter stating you’re not eligible
Proof of state residency, such as a recent bill, lease, or letter with your address

Please note: All your documents must be original or certified copies. Photocopies are usually not accepted.

5. Can you give an example of what an eligible non-U.S. citizen would need to bring?
A student from India 🇮🇳 studying in the United States 🇺🇸 might bring these documents for their REAL ID-compliant card:

Unexpired Indian passport with a valid F-1 visa and I-94 arrival/departure record
Social Security card, or a letter saying they do not have an SSN
A recent electricity bill or rental agreement showing where they live in the state

A permanent resident from Canada 🇨🇦 would bring:

Valid Permanent Resident Card (Green Card)
Social Security card
Bank statement or lease with their name and U.S. address

6. I do not have a Social Security Number. Can I still get a REAL ID-compliant card?
Yes, if you are not eligible for a Social Security Number, you must bring a letter from the Social Security Administration (SSA) stating that you cannot get an SSN. You must still meet all other requirements for lawful presence and identity.

State Differences and Examples

7. Are REAL ID rules for non-U.S. citizens the same in every state?
The basic federal requirements are the same, but states may have small differences in how they carry them out.

For example:

New York: Non-citizens can get a REAL ID if they prove lawful presence, but only U.S. citizens can get Enhanced IDs (which allow land and sea travel to certain countries).
California: Anyone with proof of legal presence can get a REAL ID driver’s license or ID. The card’s expiration will match your legal status period.
Pennsylvania: Lawfully present non-U.S. citizens can apply for a REAL ID. If you have temporary status, the card is valid for that time only. Permanent residents get a four-year ID after the first time.

Be sure to check your state’s DMV or ID-issuing office for details.

8. Will the expiration date of my REAL ID-compliant card be different from a U.S. citizen’s card?
Yes, for most non-U.S. citizens the expiration matches the length of your legal stay in the country. If you have a visa valid for two years, your card likely expires in two years. If you are a permanent resident, you may get a regular renewal period like U.S. citizens, usually four to ten years depending on the state.

Important: You will need to renew your REAL ID-compliant card when your authorized stay is extended. Bring your updated legal documents each time.

Special Considerations

9. Can undocumented immigrants get a REAL ID-compliant card?
No, people who cannot prove lawful presence in the United States 🇺🇸 are not eligible for a REAL ID-compliant card. Some states may offer other types of IDs or driver’s licenses for undocumented people, but these cards are clearly marked as “not for federal identification” and cannot be used to board flights or enter federal buildings.

10. If I can’t get a REAL ID-compliant card, can I use my state ID to board flights or enter federal buildings?
No, only REAL ID-compliant cards or other accepted federal IDs (like passports) can be used for these purposes after the federal deadline. State cards labeled “NOT FOR FEDERAL IDENTIFICATION” or similar wording do not work for boarding flights or accessing federal facilities after the deadline.

11. What if my legal stay is extended? Do I need a new REAL ID-compliant card?
Yes. When your legal stay is extended (such as renewing your visa), you need to renew your REAL ID-compliant card too, because the card’s expiration must match your lawful presence status. Bring your new approval notice, visa, or permit to your state DMV or ID office for renewal.

12. I am a permanent resident (Green Card holder). How often do I need to renew my REAL ID-compliant card?
Permanent residents usually renew their REAL ID-compliant cards on the same schedule as citizens. In many states, this means renewing every four or five years. Check with your state DMV for exact timing and any needed documents.

Application Steps & Tips

13. What is the application process for non-U.S. citizens seeking a REAL ID-compliant card?
The steps usually include:

Visit your local Department of Motor Vehicles (DMV) or driver’s license office.
Bring the required documents to prove your identity, Social Security status (or ineligibility), lawful presence, and state residency.
Fill out the application form (some states allow online forms before visiting).
Take a photo and, if for a driver license, complete a vision test.
Pay the required fee.

After you apply, the DMV may need time to verify your documents. You might get a temporary card before the final REAL ID-compliant card comes in the mail.

14. Where can I find which documents are accepted in my state?
Visit your state’s DMV website or use the official REAL ID page from the U.S. Department of Homeland Security, which lists helpful links to state-specific rules and document checklists.

15. How can I prove “lawful presence” if my status is complicated?
If you have a complicated or unusual immigration status, bring all documents you have showing your right to be in the United States 🇺🇸. DMV staff often check with federal databases. If you are unsure, ask at your DMV before your visit or check their website for a list of accepted documents.

16. What should I do if my application for a REAL ID-compliant card is denied?
If your application is denied, the DMV should give you a written reason. Common problems include missing documents or problems with verifying your lawful presence. Gather any missing or corrected paperwork, and ask the DMV how to reapply. If you believe the denial is wrong, you may appeal or ask for legal help.

Practical Examples

17. Scenario: A foreign worker on an H-1B visa applies for a REAL ID-compliant card.
– The worker brings their unexpired foreign passport, H-1B visa stamp, I-94 form, Social Security card, and a utility bill.
– The DMV reviews and copies the documents.
– The expiration date of the new card matches the end date of the H-1B status.

18. Scenario: A refugee receives permission to stay in the United States 🇺🇸 and applies for a REAL ID-compliant card.
– Brings Refugee Travel Document or approved I-94, proof of address, and Social Security letter.
– The card is valid for the length of refugee approval.

19. Scenario: A permanent resident renews their REAL ID-compliant card.
– Brings Green Card, proof of address, and Social Security card.
– The new card is valid for the regular renewal period, often four years.

Myths and Misconceptions

20. Myth: Only U.S. citizens can receive a REAL ID-compliant card.
False. Any non-U.S. citizen who can prove lawful presence can receive a REAL ID-compliant card.

21. Myth: Getting a REAL ID-compliant card means you are a U.S. citizen.
False. Having a REAL ID-compliant card does not change your citizenship or immigration status. It only means you met the federal requirements for ID.

Where to Get More Help

For more help on which documents you need, how long your card will be valid, and other rules, check the official REAL ID guidance on the Department of Homeland Security’s website. You can also call or visit your state DMV. As reported by VisaVerge.com, most states have easy-to-read checklists for non-U.S. citizens and offer information in multiple languages.

Summary and Next Steps

Non-U.S. citizens who can prove lawful presence in the United States 🇺🇸 are generally eligible to apply for a REAL ID-compliant card by bringing the correct documents. The card’s expiration will match your legal status unless you are a permanent resident, in which case you may receive a regular renewal period. If you cannot show lawful presence, you are not eligible. Always bring your most up-to-date papers and check with your state DMV for local rules.

If you need more help, start with your state’s DMV website or the federal REAL ID site. Be sure to update your card if your status changes. This will help you travel, work, and access services that require federal identification.

Learn Today

Lawful Presence → A legal status allowing a non-citizen to remain in the U.S., such as with a visa, Green Card, or refugee status.
REAL ID-compliant Card → A state-issued ID or driver’s license meeting federal security standards for domestic flights and federal facility access.
Permanent Resident Card (Green Card) → A document proving lawful permanent residency, permitting long-term U.S. residence and certain rights.
Employment Authorization Document (EAD) → A government-issued card allowing certain non-citizens to legally work in the United States temporarily.
I-94 Form → An official U.S. Customs and Border Protection record showing a non-citizen’s arrival and allowed stay in the country.

This Article in a Nutshell

Non-U.S. citizens can qualify for a REAL ID-compliant card in the U.S. if they prove lawful presence. Required documents include proof of identity, Social Security status, and state residency. Card expiration aligns with legal status duration. Undocumented immigrants are ineligible. Always check your state’s DMV for specific instructions and updates.
— By VisaVerge.com

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