C.F.R. » Title 6 » CHAPTER I—DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY › PART 37—REAL ID DRIVER'S LICENSES AND IDENTIFICATION CARDS › Subpart B—Minimum Documentation, Verification, and Card Issuance Requirements

6 C.F.R. § 37.21

Temporary or limited-term driver's licenses and identification cards

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States may only issue a temporary or limited-term REAL ID driver's license or identification card to an individual who has temporary lawful status in the United States.

(a) States must require, before issuing a temporary or limited-term driver's license or identification card to a person, valid documentary evidence, verifiable through SAVE or other DHS-approved means, that the person has lawful status in the United States.

(b) States shall not issue a temporary or limited-term driver's license or identification card pursuant to this section:

(1) For a time period longer than the expiration of the applicant's authorized stay in the United States, or, if there is no expiration date, for a period longer than one year; and

(2) For longer than the State's maximum driver's license or identification card term.

(c) States shall renew a temporary or limited-term driver's license or identification card pursuant to this section and § 37.25(b)(2), only if:

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term driver's license or identification card is still in effect, or

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section.

(d) States must verify the information presented to establish lawful status through SAVE, or another method approved by DHS.

(e) Temporary or limited-term driver's licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term driver's license or identification card.

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2024–2025 · leading case: Vladimir Korostelev v. Steve Gordon, et al. (E.D. Cal. 2025).
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Vladimir Korostelev v. Steve Gordon, et al. (E.D. Cal. 2025). · cites it 6× “3 , 6 C.F.R. § 37.21 , and the REAL ID FAQs as 17 requiring that he be issued a full-term driver’s license.”
Firsov v. City & Cnty. of Honolulu (D. Haw. 2024). “6 C.F.R. § 37.21 (b), preventing the grant of a REAL ID renewal because Plaintiff’s asylum application was marked as pending.”
Vladimir Korostelev v. California Dep't of Motor Vehs.. (E.D. Cal. 2025). “” 6 C.F.R. § 37.21 . 26 27 3 A person in “temporary lawful status” includes a person who has a pending application for asylum in the United States, while a person in “lawful status” includes an alien who has an 28 approved application for asylum in the United States.”
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