News & Insights

1. General Requirements for Real ID

To obtain a Real ID, most states require the following:

Proof of Identity:

• A valid Employment Authorization Document (EAD or work permit) is typically accepted as proof.

Social Security Number (SSN):

• You must provide your SSN or proof of ineligibility for an SSN.

Proof of Lawful Presence:

• States require documentation showing you are lawfully present in the U.S.
• Individuals who entered the U.S. without inspection (illegally) may face challenges here unless they have a valid EAD and another document establishing lawful status, such as pending asylum or Temporary Protected Status (TPS).

Proof of Residency:

• Two documents showing your current address (e.g., utility bills, bank statements).

2. Can You Get a Real ID with a Work Permit?

Yes, in Many States:

• If your work permit is based on a pending asylum application, Deferred Action for Childhood Arrivals (DACA), or TPS, you are typically eligible for a Real ID. These statuses demonstrate temporary lawful presence, satisfying Real ID requirements.

State-Specific Variations:

• Some states have stricter requirements and may ask for additional documentation to prove lawful presence beyond your work permit.

Challenges for Entry Without Inspection (EWI):

• If you entered without inspection but later obtained a work permit through a pending asylum application or similar program, your work permit generally overrides the initial unlawful entry for Real ID eligibility purposes.

3. Alternative Options for States with Strict Rules

If your state denies a Real ID, you might still be eligible for:

Standard Driver’s License or State ID:

• These are valid for state-level identification and may allow driving privileges, but cannot be used for federal purposes.

Alternative State IDs for Undocumented Individuals:

• States like California, New York, and Illinois offer driver’s licenses or IDs regardless of immigration status.

4. What to Do in Your State (Colorado)

In Colorado, individuals with valid EADs (including asylum applicants) can apply for a Real ID if they meet other requirements like providing proof of address and SSN.

Contact your local Department of Motor Vehicles (DMV) for guidance on acceptable documents and scheduling an appointment.

5. Steps to Apply for a Real ID

Gather Documents:

• EAD Card (Work Permit).
• SSN Card or a letter showing ineligibility for SSN.
• Two documents proving your current address (e.g., lease agreement, utility bills).

Check State Requirements:

• Visit your state’s DMV website or contact them directly for any additional requirements.

Apply in Person:

• Real IDs typically require an in-person visit to verify your identity and lawful presence.