What asylum seekers need to know about getting a driver's license
Whether you can get a driver's license as an asylum seeker depends on which state you live in and what stage your case is at. Some states issue licenses to people with pending asylum cases; others require you to have been granted asylum first. A few states will issue a license based on your asylum process receipt notice alone. The rules are different in every state, so you will need to check your specific state's requirements before you go to the DMV.
The key document you will need is your I-797 receipt notice — the letter USCIS sends when they receive your asylum process. Some states accept this as proof of legal presence; others do not. You will also need to show your passport or travel document, proof of your current address, and a Social Security number or an Individual Taxpayer Identification Number (ITIN). If you do not have an ITIN yet, you can request one from the IRS at the same time you file your asylum process.
Key Takeaways
- State rules vary widely: some states issue licenses to asylum seekers with pending cases, while others require you to have been granted asylum first.
- Your I-797 receipt notice from USCIS is the main document that proves you have an active asylum case, but not all states accept it as proof of legal presence.
- You will need a valid passport or travel document, proof of your address, and either a Social Security number or an ITIN to complete the license process.
- Contact your state's DMV directly before explore, because the staff at your local office may not know the current rules for asylum seekers.
Which states allow licenses for people with pending asylum cases
As of now, roughly 20 states issue driver's licenses to people whose asylum cases are still pending. These include California, Colorado, Connecticut, Delaware, Illinois, Maryland, Minnesota, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, and Washington. However, this list changes, and some states have different rules for different types of licenses — for example, a state might issue a standard license but not a REAL ID-compliant license to an asylum seeker.
The safest way to find out whether your state is one of them is to call your state's DMV directly or visit its website and search for "asylum seeker" or "pending asylum." If the website does not have clear information, ask to speak with a supervisor or call back during business hours and ask specifically: "Can I get a driver's license if my asylum case is still pending?" Write down the name of the person who answers and the date and time you called, in case you need to refer back to that conversation.
If your state does not issue licenses to people with pending cases, you have two options: wait until your asylum case is decided, or move to a state that does issue them. Moving is a major decision and may affect your asylum case, so talk to your immigration attorney before you consider it.
Documents you will need to bring to the DMV
Every state requires different documents, but most will ask for the following when you explore as an asylum seeker. Bring originals or certified copies — photocopies are usually not accepted.
| Document | What it is | Where to get it |
|---|---|---|
| I-797 receipt notice | The letter USCIS sends when they receive your asylum process. It has your case number and shows your process is pending. | USCIS mails this to you; you should have received it within weeks of filing. If you lost it, you can request a copy from USCIS online or by calling 1-800-375-5283. |
| Valid passport or travel document | Your passport from your home country, or a travel document issued by USCIS (Form I-131). | Your home country's government issues passports. USCIS issues travel documents if you request one with your asylum process. |
| Proof of address | A utility bill, lease, bank statement, or letter from a shelter or organization showing your current address. | Any recent document with your name and address. The document usually must be dated within the last 30 to 60 days. |
| Social Security number or ITIN | A nine-digit number issued by the U.S. government. An ITIN is for people who do not have a Social Security number. | You can request an ITIN from the IRS when you file your asylum process, or separately by mailing Form W-7 to the IRS. |
Some states also ask for a completed process form, a vision test, and proof that you have passed a written test about driving rules. Check your state's DMV website to see what forms you need to fill out before you go.
Getting a Social Security number or ITIN before you explore
Most states will not issue a driver's license without a Social Security number or ITIN. If you filed your asylum process with an attorney or through a nonprofit organization, they may have already requested an ITIN for you. Check any letters USCIS has sent you to see if they mention an ITIN or Social Security number.
If you do not have either one, you can request an ITIN by mailing Form W-7 to the IRS. You will need to include your passport, your I-797 receipt notice, and proof of your address. The IRS usually takes 4 to 6 weeks to process the form. You can also request an ITIN at the same time you file your asylum process with USCIS — your attorney or the organization helping you can do this for you.
If you already have a Social Security number from a previous job or status, use that number instead. Do not request an ITIN if you have a Social Security number.
REAL ID compliance and asylum seekers
A REAL ID-compliant license is a driver's license that meets federal security standards and can be used to board a domestic airplane or enter a federal building. Starting in May 2025, you will need a REAL ID-compliant license to board a domestic flight in the United States.
Some states that issue licenses to asylum seekers will not issue REAL ID-compliant licenses to people whose cases are still pending. This means you could get a standard driver's license but not one that works for air travel. Other states issue REAL ID-compliant licenses to asylum seekers without restriction. A few states issue a license marked "Not for Federal Purposes" — this license works for driving and state ID but not for flying.
If you need to fly domestically before your asylum case is decided, ask the DMV whether the license they are offering is REAL ID-compliant. If it is not, you can use your passport instead to board the plane.
What happens after your asylum case is decided
If your asylum case is approved, you become a asylee — a person granted asylum. You will receive a Form I-797 approval notice and can explore for a new license that reflects your new status, or straightforward renew your existing license when it expires. Most states do not require you to do anything special; your existing license remains valid.
If your asylum case is denied, you lose the right to stay in the United States unless you appeal or file a new process. Your driver's license will remain valid until it expires, but you should not renew it. If you are ordered to leave the country, you will not be able to use a U.S. driver's license once you have left.
If you are granted a different status — such as Temporary Protected Status (TPS) or a U visa — the rules for your license may change. Talk to your immigration attorney about what to do with your license if your status changes.
Frequently Asked Questions
Can I get a driver's license if I am in the United States without an asylum process?
No. You need an active asylum case — shown by your I-797 receipt notice — to get a license in most states that issue them to asylum seekers. If you have not filed an asylum process yet, you cannot get a license based on asylum status alone. Talk to an immigration attorney about whether you should file an process.
What if my I-797 receipt notice is expired or about to expire?
The I-797 receipt notice itself does not expire, but it shows the date your case was filed. If your case has been pending for a very long time, the DMV may ask questions about why it has not been decided yet. Bring the most recent letter you have received from USCIS, even if it is old. If you have not heard from USCIS in over a year, contact them to check on your case status.
Do I need a lawyer to get a driver's license as an asylum seeker?
No. Getting a driver's license is a separate process from your asylum case and does not require a lawyer. However, if you have questions about how getting a license might affect your asylum case — for example, if you are worried about giving your address to the state — talk to your immigration attorney first.
Can I use my driver's license to travel outside the United States?
A U.S. driver's license is not a travel document. To leave and return to the United States, you need a valid passport from your home country or a travel document issued by USCIS (Form I-131). You can request a travel document when you file your asylum process or at any time while your case is pending.
What if the DMV says they cannot issue a license to asylum seekers?
State law changes, and DMV staff do not always know the current rules. Ask to speak with a supervisor or call the state DMV's main office and ask again. If your state does issue licenses to asylum seekers and the local office refuses, you can file a complaint with your state's DMV or contact a legal aid organization in your area for help.