Obligation to Carry Evidence of Registration in the United States
United Sates immigration law requires all foreign nationals aged 18 and over to carry with them (i.e., in their personal possession) evidence of their lawful visa status at all times. For lawful permanent residents (“green card holders”), this would typically be a Form I-551 “green card”. For lawful nonimmigrants, this would typically be a Form I-94 card along with their passport. Failure to comply with this requirement is a misdemeanor and is punishable by a fine or by imprisonment or both. While prosecutions for violating this rule are rare, they have happened in the past.
Foreign nationals in the United States should therefore carry with them documents that are appropriate to their US visa status. This includes any times traveling within the United States, including but not limited to domestic airports, train stations, bus depots, seaports, etc. While the documents to carry would vary depending on visa status, they would typically involve the following documents:
- Current passport’s biographical page
- Latest visa stamp in the passport (if applicable)
- Current USCIS approval notice for nonimmigrant status (if applicable)
- Current Form I-94
- Current Form I-20 (for F-1 visa status holders, if applicable)
- Current Form DS-2019 (for J-1 visa status holders, if applicable)
- Current Form I-766 Employment Authorization Document (if applicable)
- Green card (Form I-551) or similar evidence, such as I-551 ADIT stamp in passport, Form I-90 receipt, Form I-751 receipt, etc. (if applicable)
If you choose not to carry your original documents, we urge you to keep a high resolution color scan of your relevant visa document(s), so that you can display them on your smartphone if need be. Please see information on passport validity: https://www.jackson-hertogs.com/passport-validity-upon-admission-to-the-u-s-a/
