Here in Virginia, we fixed that loophole with proof of identity and legal residency laws that took effect THIS YEAR!!!
IN ADDITION TO THAT, a rule that Virginia driver's licenses to people here in visas will EXPIRE the same month that the visa does also took effect at the same time.
See the following, cut and paste straight from the VA DMV website!
Legal Presence
Legal presence affects you if:
You are applying for your first Virginia learner's permit or Virginia driver's license;
You are applying for a Virginia photo ID card;
If you are reinstating your driving privilege because your license expired or was suspended, revoked, or cancelled.
If you hold a valid Virginia driver's license, you will not be required to show proof of legal presence when you renew your license. However, if you allow your license to expire, you will be required to show proof of legal presence.
Legal presence means that a person is either a U.S. citizen or is legally authorized to be in the United States. Legal presence can be proved using a U.S. birth certificate or U.S. passport. It also can be proved using a variety of other documents such as a Certificate of Citizenship or Naturalization, Resident Alien Card or a valid foreign passport with a visa, I-94 or an I-94W with a participating country.
This new law, passed by the 2003 General Assembly, takes effect January 1, 2004. Be sure to explore this page to learn all about legal presence and how it affects you or someone you know.
http://www.dmv.state.va.us/webdoc/citizen/legal_pres.asp
" Legal presence can be proved using a U.S. birth certificate "
You can order birth certificates over the phone - When I got my copy it was a computer printout - sent that in to get my passport... Had to show them my driver's license for I.D. since the certificate has no way to identify me.