Domestic Travel Advice

For Non-Immigrant Visa Holders and Permanent Residents Employed at MCG

 

The International and Postdoctoral Services Office (IPSO) has received information regarding reports of nonimmigrants boarding domestic flights within the U.S. being questioned and asked for documentation. In these incidents, the United States Citizenship and Immigration Services (USCIS) officer doing the questioning told the individuals that they are required to carry their passports, I-94 cards and visa documents with them at all times.

 

Domestic Travel Frequently Asked Questions

I have flown several times in the U.S. and I have never been asked for these documents before. Is this a new law or regulation?

This is not a new law. It has been part of the immigration law for decades. Section 264(e) of the U.S. Immigration & Nationality Act (INA) does require individuals over the age of 18 to carry their "registration" documentation with them at all times. Section 264.1 of Title 8 of the Code of Federal Regulations (CFR) delineates what constitutes a registration document for different classes of individuals, including nonimmigrants.  Failure to comply with this requirement may result in misdemeanor charges, fines or imprisonment for up to 30 days.

 

If it is an old law, why am I just hearing about it now?

As security procedures are heightened throughout the U.S., we can expect that everyone will be asked for more identification. For international students and scholars the most common item of identification is the passport and the most common forms of evidence of lawful status in the U.S. are the I-94 card/form accompanied by the appropriate visa document (I-20, IAP-66, I-797, etc.) Although USCIS has not enforced this regulation for many years, based upon these reports and the clear language of the law, we are advising all internationals at MCG of the possibility of such incidents at airports, train stations, and similar transportation terminals, even if the flight, train, etc. does not leave the U.S.

 

What should I have with me when I travel?

You need to carry a basic identity document such as your passport plus:

-For F-1 students and F-2 dependents:  current I-20 and I-94 Arrival Departure card/form stamped D/S or Duration of Status.

-For J-1 students/scholars and J-2 dependents:  current IAP-66 and I-94 Arrival Departure card/form

-For H-1B and O-1 employees and their H-4 and O-3 dependents:  I-797 approval notice and I-94 Arrival Departure card/form 
-For TN employees and their TD dependents:  I-94 Arrival Departure card and I-797 if one has been issued. Note that TNs and TDs do not always have forms I-797. This is normal.
-For each permanent resident alien (green card holder):  I-551 Permanent Resident Card should be carried at all times. 

 

For each of the visa classifications listed in Q3, the I-94 card is mentioned. Is it really that important? Are you sure I have one? Where would it usually be?

Most I-94 cards are stapled into the passports for safekeeping. Your I-94 card is the most important document you hold inside the U.S., for it, alone, confirms that you were admitted into the country properly. If you lose it, this places you in an extremely difficult position. We strongly advise that you not remove your I-94 card from your passport, but carry your passport along with your visa documents. We know that most of you keep your passports and visa documents in a safe place while in Augusta, making sure to carry them with you whenever you travel outside the U.S. Now you will need to take special care to carry your documents and keep them safe when you travel inside the U.S.

 

You said that the law requires that I have my documents with me "at all times." Is that true? Do I really have to carry my passport and documents with me to class every day and all over town? Stuff could get lost or stolen.

USCIS has generally not strictly enforced the "at all times" language. In practice the law has been satisfied by an expectation that you would be able to produce your documents within a reasonable time – to get them from your apartment or safe deposit box, for example.

 

OK, I understand that I may need to carry and present my documents more often inside the U.S. What else do I need to know? Do you have any helpful hints?

If you are traveling outside the U.S., and you hold a MCG-issued I-20 or IAP-66, you must make certain that the issue date on the I-20 or IAP-66 will be less than one year old on the day you will reenter the country and the document must be valid. If your I-20/IAP-66 will be more than 1 year old when you return, then you must request a new one before you depart, and your request must be filed in the Office of Student Diversity 21 calendar days prior to your travel. If your I-20 or IAP-66 was issued by another school or organization, that school or organization must update your documents. MCG cannot do it.
 

If you have not already done so, invest in a passport case or similar small document carrier that allows you to carry your travel documents together all in one place, including your passport, your I-94 card, and your visa document (I-20, IAP-66, I-797, etc.). Do not mix lots of other documents with your travel documents. Keep your travel documents together in a safe place while you are at MCG. When you travel domestically or internationally carry them with you on your person in a safe place, not tucked away in your luggage.

 

International Travel Issues

Below is some travel advice shared with MCG by a distinguished immigration attorney who represents some MCG employees.  We thought you would find it helpful as you make upcoming travel plans.  This information is of course, shared with you with the caveat that our national policies, procedures, and behavior continue to be in a state of change.

1. The United States has instituted a systematic program of inspection not only for entering foreign nationals, but also for those departing the United States.  Therefore, it is a matter of extreme importance that foreign nationals be able to document the legitimacy of their residence in the United States.  Please note: the burden to establish this legitimacy lies with the foreign national rather than with the U.S. Government inspecting agencies. 

2. We suggest that foreign national employees now make it a habit to carry on their person evidence of their legality in this country.  This admonition is particularly important when departing from as well as when arriving to the United States.  For employment-based non-immigrants, we suggest that foreign nationals have available for inspection the following: I-797 approval notice (generally, the original bottom portion I-94 form and a copy of the entire notice if the person has a valid visa; the original of the entire approval notice for Canadian citizens); a copy of the petitions and applications filed with the relevant governmental agencies; and confirmation of employment with the designated petitioning employer (i.e., letter verifying current employment, copies of recent pay-stubs, any employer identification such as ID badge, company credit card, or company business card).

   For F-1 students, suggested evidence would include: Form I-94, Form I-20 endorsed by your institution, evidence of current enrollment in the course of academic study, and course transcripts, student ID card, schedule of classes.  For J-1 scholars, suggested evidence would include: Form IAP-66, Form I-94, and evidence of current employment as suggested above.  It goes without saying that foreign nationals should make sure that they hold valid passports that are valid at least six months into the future.

3. Above all, foreign nationals, as never before, should thoroughly understand the terms, conditions, and the scope of their allowable activity incidental to their visa status, and to then be able to document their past and ongoing adherence to their visa status.

4. Foreign nationals who violate their immigration status or who are unable to establish satisfactorily the legitimacy of their activity in the United States should expect to be entered in various databases generally known as "Lookout Books".  These databases list foreign nationals who are considered to pose some level of risk to the United States.  Please note that previous periods of unauthorized residence or other immigration irregularities may well be considered to fall into this category.  At present, the Bureau of Citizenship and Immigration Services, the Department of State, and even the international carriers all maintain their own databases that are based on concurrently distinct and overlapping criteria.  Particularly in this current period, any foreign national appearing in any such "Lookout Book" may well experience major delays and inconveniences in receiving any immigration-related benefits.  Once entered into such a database, it is next to impossible to gain extrication.

5. We continue to believe that it is prudent for foreign nationals - in particular, those holding temporary, nonimmigrant visas - to refrain from international travel unless strongly required for business or personal reasons.  This advice is predicated in part on the belief that international travel has become much more cumbersome owing to the implementation of enhanced security measures.  Foreign nationals may lose many legal protections upon seeking re-entry to the United States that they possess when remaining within the borders of this country.

6. Prior to embarking upon a trip abroad, foreign nationals should further assess whether they already hold a visa so as to provide for re-entry to the United States or whether it will be necessary to apply for a visa through a U.S. Consulate abroad.   Under U.S. immigration laws, a Consular official has broad discretion under Section 221(g) of the Immigration and Nationality Act (INA) to refuse the issuance of a nonimmigrant visa and we have seen a sharp escalation of recourse to this particular legal provision.

7. For years, many foreign nationals as a matter of convenience have processed for various immigration visas and benefits through the U.S. Consulates located in the contiguous countries of Canada and Mexico.  Thus far, these Consulates have continued to provide nonimmigrant visa processing services to Third Country Nationals, although we expect to see an increase in waiting times for interviews, delays upon re-entry to the United States, and instances of discretionary denials.

8. Both Canada and Mexico have considerably tightened up their own policies and practices pertaining to the admission of foreign nationals entering from the United States with the specific intention of applying for U.S. visas.  Whereas Mexico had generally maintained rather expedited, facilitative provisions for foreign nationals processing at U.S. Consulates located in close proximity to the border, Mexico has now instituted rather formal and time consuming visa provisions covering nationals from a number of countries.  Canada has now instituted a Website updated in two-hour increments which lists the expected waiting times at land ports of entry.  http://www.ccra-adrc.gc.ca/customs/general/times/menu-e.html

In conclusion, we would suggest adherence to the following three (3) cardinal rules governing immigration-related activities during this current period.  First, foreign nationals should understand fully the bases under which they are allowed to remain in the United States - i.e., the duration, terms, conditions, and scope of allowable activities in this country, and then be able to document fully and clearly the grounds for residing in this country.  The burden is clearly on foreign nationals to document the legality of their residence and the U.S. Government has become increasingly assertive in reviewing the authorization of foreign nationals residing in this country.   Second, all parties to the immigration process should make every effort to maintain unbroken and unassailable legality in the United States.  Today, even minor immigration infractions can create major and perhaps even long-term complications.  Third, both foreign nationals and their employers need to be proactive in seeking immigration benefits and in budgeting sufficient time to attain immigration objectives.  Mutual respect and understanding, openness, honesty, and advanced planning - the cornerstones of a satisfactory professional relationship - have become even more important in this current period of time.