Recent immigration enforcement activities have increased the importance of confirming your immigration status before traveling within the United States. U.S. Immigration and Customs Enforcement (ICE) has reportedly detained some individuals at airports during domestic travel based on passenger data.
Many visa holders are unaware that they may be out of status until they encounter an issue. This guide is designed to help INLG clients understand the potential risks associated with domestic travel and the steps they can take to minimize them.
Identification and Important Documents for Domestic Travel
When flying within the United States, always carry:
- Your valid passport
- A printed copy of your most recent Form I-94
- Your Form I-797 Approval Notice, if applicable
A valid foreign passport is acceptable for domestic travel, even if your visa stamp has expired. However, your Form I-94 and Form I-797 cannot be used as TSA identification.
You may also use other TSA-accepted identification, including:
- A state-issued REAL ID
- A state-issued Enhanced Driver’s License
- A Green Card
- An Employment Authorization Document (EAD)
- Other DHS-issued identification documents
INLG also recommends keeping digital or photocopies of your immigration documents in case the originals are lost or temporarily confiscated.
Please note that a standard U.S. driver’s license marked “Federal Limits Apply” and the CBP One App are no longer accepted as identification for domestic air travel.
Under U.S. law, nonimmigrants age 18 or older are generally required to carry proof of their immigration status. For most visa holders, this means carrying a printed copy of a valid Form I-94. F-1 and J-1 students should also carry their Form I-20 or Form DS-2019.
Your Biggest Risk: An Expired Form I-94
Your Form I-94—not the visa stamp in your passport—determines how long you are authorized to remain in the United States.
Before making any travel plans, check your current I-94 expiration date.
You may unknowingly fall out of status if you:
- Change employers before an H-1B transfer petition is approved.
- Drop below full-time enrollment as an F-1 student.
- Work without proper authorization or outside the terms of your approved employment.
- Remain in the United States after your I-94 expires, even if your visa stamp remains valid.
- Have a pending application to change, extend, or adjust status (or certain other applications) after your I-94 has expired.
If your I-94 has expired—or if you are unsure of your current status—contact INLG before traveling.
If your I-94 is marked “D/S” (Duration of Status), you may remain in the United States as long as you continue to comply with the requirements of your visa classification. Violating the terms of your status may place you out of status even if your I-94 does not list a specific expiration date.
Other Risk Factors
Certain circumstances may increase the likelihood of encountering immigration issues while traveling, including:
- Criminal charges, including certain DUI or drug-related offenses, which may trigger immigration consequences even if you have a valid visa and I-94.
Travel through states with stricter immigration enforcement, such as Alabama, Texas, and Florida. If you have any concerns about your immigration status, contact INLG before traveling through these jurisdictions.
TSA and ICE Information Sharing
The Transportation Security Administration (TSA) shares certain domestic passenger information with ICE. ICE may compare passenger information against immigration records, including records related to final removal orders, and may conduct enforcement activities at airports.
If you believe you may be out of status, are in a period of authorized stay following an expired I-94, or have any prior immigration enforcement history, contact INLG before booking or taking a domestic flight.
Facial Recognition
The Department of Homeland Security continues expanding its biometric verification systems, including facial recognition technology, at U.S. airports.
For domestic flights, travelers currently have the option to decline facial recognition screening.
If you wish to opt out, you may say:
“I am opting out of facial recognition. I would like manual ID verification.”
If necessary, you may request to speak with a supervisor. Please note that biometric information collected during previous lawful entries into the United States may still remain in government systems.
Questions Before You Travel?
If you have any questions about your immigration status or whether it is safe for you to travel domestically, contact INLG before making travel plans. Our team can review your current status and help you understand any potential risks based on your individual circumstances.
