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REAL ID Act to Take Effect May 7, 2025: What You Need to Know

REAL ID Act to Take Effect May 7, 2025 - What You Need to Know
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After several delays, the enforcement of the REAL ID Act — originally enacted in 2005 — will finally take effect in just a few weeks. It wasn’t until 2020, fifteen years after the law was passed, that all 50 states became compliant with its licensing requirements, which contributed to the prolonged delay in implementation. On May 7, 2025, the REAL ID Act will be fully enforced across the United States. For many non U.S. citizens— especially those who use state-issued IDs or driver’s licenses as their primary form of identification — this date is an important one. Here’s what you need to know, what happens if you don’t yet have a REAL ID, and what you can still do before the deadline.

REAL ID Act to Take Effect May 7, 2025 - What You Need to Know

The REAL ID Act

The REAL ID Act, passed by Congress in 2005, was designed to set federal standards for the issuance of identification documents, such as driver’s licenses and state-issued ID cards. It aims to enhance security measures after 9/11, making it more difficult for fraudulent documents to be used to access federal facilities or board commercial flights.

Starting May 7, 2025, you will not be able to use a standard state driver’s license or ID to board a domestic flight or enter federal buildings — including courthouses and military bases — unless it is REAL ID-compliant.

How Do You Know If You Have a REAL ID?

REAL ID-compliant licenses and ID cards generally have a star on the upper portion of the card. If your ID does not have this star, it may not meet federal requirements. Each state may look slightly different, but the star is a common indicator.

If you’re unsure, check with your state’s Department of Motor Vehicles (DMV) or look at your license to see if it bears the REAL ID star.

Why Does This Matter for Immigrants?

For many immigrants — especially those who are unlawfully present —your state ID may be your main form of identification. Without a REAL ID, you may:

  • Be denied boarding for domestic flights.
  • Be refused entry into federal buildings.
  • Face additional scrutiny when trying to access certain government services.

This is particularly important if you need to attend immigration court, visit USCIS field offices, or travel domestically within the U.S. for personal or legal matters.

Can Immigrants who are in Unlawful Status Get a REAL ID?

Unfortunately, most immigrants who are in unlawful status do not qualify for REAL ID-compliant licenses under federal law. States that issue driver’s licenses to immigrants with no legal status typically provide non-compliant IDs—which are only valid for driving but not for federal identification purposes like boarding flights or entering federal buildings. This is the type of IDs some States like the State of California issue to those with unlawful status and thus, are not REAL ID compliant.

If you are not in possession of a green card or a validly issued REAL ID compliant State ID, you will need to use alternative federally-accepted documents for travel or ID purposes, such as:

  • A valid foreign passport
  • A valid Employment Authorization Document (EAD)

For traveling purposes for example, the above documents like the passport issued by your country of national even if does not contain a valid visa will suffice as a form of identification for traveling purposes within the United States.

What You Can Still Do Before May 7, 2025

If you are eligible, here’s how to get your REAL ID before the deadline:

  1. Make an appointment at your local DMV.
    Many states are still experiencing delays, so book as early as possible.
  2. Bring the required documents, including:
    • Proof of identity (e.g., valid passport, Green Card)
    • Proof of lawful presence (e.g., I-94, work permit)
    • Proof of Social Security Number (SSN card, pay stub, W-2)
    • Two proofs of residency (utility bill, lease, etc.)
  3. Apply before May 7, 2025.
    Don’t wait until the last minute! Lines will get longer as the deadline approaches

Consult With Legal Counsel

Immigrants who are lawfully present in the U.S. should act now to avoid travel disruptions or problems accessing federal services. If you’re unsure whether you qualify or what documents you need, speak with your immigration attorney or contact your state DMV for guidance.

At Tancinco Law, we’re here to help our clients stay informed and prepared. Don’t wait until the last minute—May 7 is closer than you think.

If you have questions about your immigration status or your eligibility for REAL ID, schedule a consultation with our office today.

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If you would like to know how to set an appointment with Tancinco Law, click here.

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How to Reschedule Your Biometrics Appointment

How to Reschedule Your Biometrics Appointment
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Depending on the type of application you file with USCIS, you may be required to appear at a USCIS office for a biometrics appointment. For example, biometrics may be required if you file an I-485 (adjustment of status or green card application), I-765 (application for employment authorization document), I-131 (application for travel document), or an I-539 (application for extension or change of status). During a biometrics appointment, USCIS will collect your fingerprints, a photo, and a sample of your signature.

How to Know If a Biometrics Appointment Is Required
If you are required to appear for biometrics, USCIS will mail an appointment notice to your address and your attorney’s address. The notice will tell you when and where USCIS expects you to appear. You should make every effort to go to your biometrics appointment as scheduled. Rescheduling the appointment will take time and likely delay processing of your application.

If you cannot make it to your scheduled biometrics appointment, you may contact USCIS to reschedule according to the appointment notice’s instructions or the following procedure:

  1. Call the USCIS Contact Center at 1-800-375-5283 before the date and time of your original appointment.
  2. Explain why you have “good cause” for rescheduling.
  3. Wait for a USCIS scheduler to call you back with a new date and time. Please note: USCIS often takes multiple days or weeks to respond to a rescheduling request.

It is vitally important to call as early as possible to request rescheduling. If you do not call USCIS before your scheduled appointment, or if USCIS thinks you do not have good cause to reschedule, they may not agree to reschedule the appointment. If USCIS refuses to reschedule or you do not hear back from them in time and you do not attend the original appointment, your underlying application may be considered abandoned and be denied.

To find out more about rescheduling or determining if you are eligible to reschedule an appointment, we encourage you to reach out to Tancinco Law through our website at www.tancinco.com or law@tancinco.com or call us at 1-888-930-0808.

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Planning Ahead: Expediting Employment Authorization Documents

USCIS Expediting Employment Authorization Documents
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Five years ago, the United States Citizenship and Immigration Services (USCIS) routinely took 3 months to issue employment authorization documents (EADs) and advance parole (AP) travel documents. Prior to the pandemic, USCIS was taking approximately 6 months to issue them. Now, USCIS can take 9 months or longer to issue these documents. These delays create huge hardships to organizations and individuals.

Requesting Expedited Processing

The best way to handle these delays is to plan ahead. You may file for an extension up to 180 days prior to the expiration of your EAD and AP. Plan to apply for an extension of the interim benefits the full six months before they expire. If applying for the initial EAD or AP, plan that it will be several months before it is issued and budget accordingly, taking into account current restrictions on international travel.

If the applicant must be fingerprinted, USCIS will not consider an expedited request until after the applicant has been fingerprinted. Consequently, it is extremely difficult to expedite first-time applications.

USCIS may expedite the issuance of an EAD or AP in limited, specific circumstances:

  • Severe financial loss to a company or person, provided that the need for urgent action is not the result of the applicant’s failure: (1) to timely file the benefit request; (2) to timely respond to any requests for additional evidence.
  • Emergencies and urgent humanitarian reasons.
  • Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural and social interests of the United States.
  • U.S. government interests (including urgent cases for federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, DHS or other public safety or national security interests).
  • Clear USCIS error.
  • Healthcare worker with a pending EAD renewal.

As a practical matter, USCIS is more likely to honor requests for expedited treatment by school districts or federal government agencies than requests based on severe financial loss or urgent humanitarian reasons. Also, non-profit organizations that have a clear, easily understood, valuable public mission are more likely to have their requests honored.

Will USCIS Grant My Case Expedited Processing?

The reason for the expedited request must be explained in a clear and simple manner, backed up with any available documentation. Even in compelling circumstances with sympathetic parties, USCIS may not expedite a case. Critically, if USCIS perceives that there is a viable alternative for the applicant or that an organization is making too many requests, the agency is less likely to grant the expedited request. Vague requests or requests that show ordinary, predictable outcomes (loss of income), are less likely to be honored.

Even if USCIS approves the expedited processing, it will take several weeks for the documents to be issued. Consequently, it may take at least a month to get an interim document.

For more information on expediting EADs and/or APs, please contact Tancinco Law P.C. at 1 888 930 0808 or at www.tancinco.com.

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USCIS Fees Increase on October 2020: Citizenship Application Fee up by 80%

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On August 3, 2020, USCIS published a Final Rule that significantly increases the USCIS fee schedule by adjusting fees by a weighted average increase of 20 percent, adding new fees, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms.

Notable among the applications affected by the increases are the following:

  • naturalization/citizenship applications (from $640 to 1160)
  • adjustment of status (from $750 to $1,130)
  • employment authorization documents ($410 to $550)
  • N336 appeal from N400 denials from $700 to 1,725).

The complete list of the changes in fees may be found on the government website: www.uscis.gov.
The rule also removes certain fee exemptions, changes fee waiver requirements, alters premium processing time limits, and modifies certain inter-country adoption processing.

The new fees will take effect by October 2, 2020.

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DHS Proposing new employment based immigration regulations

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The Department of Homeland Security [DHS] is offering rule that would modernize and improve certain aspects of employment based immigration visa programs. People with temporary work visas waiting for a green card are the one who is going to get more benefits because of these projected changes. The DHS says that the projected changes are ‘envisioned to better expedite US employers to recruit and maintain extremely accompanied workers who have profited from employment-based immigration visa petitions, while growing the skill of such workers to progress their careers by accepting raises, changing positions with present employers, changing employers, and trailing other employment opportunities.

Many of the projected changes will actually have no practical effect of any kind, according to the National Law Review – an online news source published by a group of in-house attorneys. The National Law Review states that even the most noteworthy change of them all, relating to work authorization for certain individuals with approved I-140s, will have very little effect basically.

Highlights:

 

  1. The extension of an H-1B visa can be obtained beyond the maximum six-year stay.
  2. When an H-1B non-immigrant can shift jobs or employers without it affecting his or her permitted immigrant visa petition.
  3. How to calculate H-1B recapture time [days outside the US that do not count towards the maximum six-year stay].
  4. Those businesses that qualify as H-1B ‘cap-exempt’ employers. This is important as in recent years the H-1B visa quota is immensely oversubscribed within a few days of the quota becoming available at the opening of April each year.
  5. Offering a one-time 60-day grace period, during an authorized validity period, for individuals in E-1, E-2, E-3, H-1B, L-1, or TN status, where employment ends due to voluntary or involuntary termination or lay off. These individuals are not authorized to work during the grace period.
  6. An addition of the 10-day grace period allowed prior to and after H-1B status to also include persons in E-1, E-2, E-3 or L-1 status. During the 10-day grace period, you will not be permitted to work. On a one time basis, you also benefit from 60 day grace period, if you are on this employment related visas.
  7. Permitting issuance of one-year Employment Authorization Documents (EAD) for individuals in E-3, H-1B, H-1B1, L-1 or O-1 status with an approved I-140 and no available visa numbers if the individual can show compelling circumstances. It is not certain what is meant by convincing circumstances; DHS includes examples, such as serious ailment and disabilities. If you work with an EAD in these circumstances then it will be considered to be the case that you are no longer on a non-immigrant work visa and when visa numbers are available will need to apply for an immigrant visa from outside the US. If you have an EAD your spouse and children may also be able to apply for an EAD. Renewals are allowed in certain circumstances.
  8. Removing the 90-day processing time required by United States Citizenship and Immigration Services (USCIS) for Employment Authorization Documents (EADs), spontaneously extending most EADs 180 days beyond the expiration if the extension was timely filed.

It is worthwhile to note that the DHS proposal does include other regulatory amendments. However, these additional changes largely conform to current policy guidance, and so the primary purpose of the regulations in these additional areas is to formalize the existing guidance.