Undocumented immigrants can't get a Texas learner's permit. Texas requires proof of lawful presence. Individuals who are lawfully present but ineligible for a Social Security Number can obtain a permit using Form DL-13 affidavit.
Texas requires proof of lawful presence for a driver license or permit. SSN eligibility is a separate question: a person can be lawfully present but not eligible for a Social Security number.
| Situation | What It Means for the Application |
|---|---|
| Lawfully present and has an SSN | DPS verifies the SSN electronically as part of the normal application. |
| Lawfully present but not eligible for an SSN | The applicant may use the DL-13 affidavit for SSN ineligibility and still must meet all other license requirements. |
| Cannot prove lawful presence | The DL-13 affidavit does not replace the lawful-presence requirement. |
Accepted lawful-presence records can include a foreign passport with valid immigration documents, I-94 records, or employment authorization documents. Download the Verifying Lawful Presence guide (PDF) to check which records DPS accepts.
Applicants ineligible for an SSN use Form DL-13, available only at DPS offices. This affidavit certifies no SSN was ever issued or applied for.
Bring the SSA-L676 refusal letter or be prepared to swear the affidavit in person. Without it, you'll reschedule and waste a trip to the DPS.
A J-1 exchange visitor in San Antonio arrived without an SSA-L676 letter, assuming the DL-13 affidavit was sufficient. The DPS officer required proof of SSN ineligibility, causing a 3-week delay. the system could be clearer about what constitutes "proof of ineligibility," but that's the bureaucracy you're dealing with.
No. An ITIN is not a substitute for a Social Security number in the Texas DPS process. If you are eligible for an SSN, DPS expects the SSN. If you are not eligible for one, DPS uses the DL-13 affidavit process instead. See Texas DPS SSN requirements.
Use Form DL-13 only when you are not eligible for a Social Security number. It does not replace proof of identity, lawful presence, Texas residency, driver education, or other requirements that apply to your age and credential.
| Situation | Required Action for SSN |
|---|---|
| Eligible for SSN but card pending | Show W-2 or pay stub with full SSN for DPS verification |
| Lost SSN card | Request a free replacement at ssa.gov/myaccount before your DPS visit |
| Never applied but eligible | Apply at the Social Security Administration first |
For the rest of the document and appointment process, follow the Required Documents guide.
No. DPS says the DL-13 affidavit is for people who are not eligible for an SSN and requires certification about SSN ineligibility. If an SSN was already issued or assigned to you, use that SSN and resolve any verification problem with the Social Security Administration.
Do I need an SSA-L676 letter with Form DL-13? If you applied for an SSN and were denied because you were ineligible, bring the denial notice you received. DL-13 is still the DPS affidavit used for SSN ineligibility; a denial letter does not replace it.
A DL-13 affidavit changes only how the SSN requirement is handled. It does not change the driving rules attached to the credential. Teen applicants still complete the required supervised practice, including 30 additional behind-the-wheel hours with at least 10 at night.
Federal ID use depends on the credential DPS issues and its REAL ID status. Check the separate Permit as ID guidance before relying on the card for federal identification.
DPS may issue a Limited Term credential instead of the standard expiration period. A Limited Term driver license generally expires when your verified lawful-presence period expires; if DHS records show "duration of status," Texas uses a one-year expiration. Renewal requires updated lawful-presence verification in person. See Texas DPS guidance for temporary visitors.
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