August 04, 2008 - Texas Department of Public Safety (DPS) rules allow foreign nationals in the U.S. to apply for a driver’s license so long as the foreign national holds an I-94 card that has been issued for a period of at least one year and have at least six months validity remaining. Foreign nationals applying for a Texas drivers license may present any of the following documentation to prove identity and legal status in the U.S.: naturalization certificate, green card (I-551), temporary resident identification card (I-688), employment authorization card (I-765, I-688A, I-688B), Border Crossing Card, a foreign passport with an F-1 or F-2 visa and I-94 card in conjunction with a valid I-20 denoting current enrollment at an educational institute in Texas, or I-94 card with J-1 or J-2 status denoted accompanied by an unexpired IAP-66 or DS-2019. All applications must also bring proof of their social security number to apply for a driver’s license.

If you are a foreign national who does not hold an I-94 card with a validity period of over one year, Texas law permits certain foreign nationals to drive without a driver’s license. Texas has an agreement with ninety-five countries allowing persons from those countries to drive in Texas without a driver’s license so long as the following criteria are met: the driver must be between the ages of 18 and 75, the driver may only drive a private vehicle (the agreement does not apply to commercial vehicles), the vehicle must have registration certificate issued by the country of residence identifying the vehicle and owner, the vehicle must show in the rear which country the car is from, and the driver must have a valid driver’s license issued by his or her country or an international driver’s permit.

BAL Comment: The Texas DPS rules are in line with most states which require proof of valid immigration status for one year or more before approving an application for a driver's license. The fact that a foreign national with an I-94 card with a validity of less than one year can drive in Texas so long as he or she meets certain criteria will alleviate concerns especially for travelers from Mexico and temporary visitors wishing to rent a car. If you are a foreign national with an I-94 card with a validity of over one year and you do not possess any of the aforementioned documents required to apply for a Texas Drivers license, please contact your BAL attorney.