Foreign National in the U.S.: What Documents Should I Carry With Me?

Our foreign national clients and readers often ask us about the requirements on carrying specific immigration documents with them while they are in the U.S. – whether around town or for domestic U.S. travel.     We find that this topic is not very well covered and many foreign nationals are not aware of the applicable requirements to carry specific immigration-related documents with them at all times inside the United States.     This article seeks to explain the law and provide answers to this and related questions.

The Law:  Registration and Carrying of Registration Documents

Section 262 of the Immigration and Nationality Act (INA) dictates that almost all foreign nationals in the U.S. must be “registered” with the proper government agency.   For example, registration happens when someone is admitted into the U.S. at the border or if someone’s status in the U.S. is extended or changed.     The registration is a mechanical process, set in the law and in existence for many years, and has been well established and are fairly transparent – many foreign nationals do not even realize (nor do they often need to) that their status in the U.S. has been “registered” with the  government.    After the registration takes place, Section 264(d) requires the U.S. government to provide a “registration certificate” to the foreign national.

This is where the requirement to carry registration evidence comes in.   Section 264(e) of INA requires every individual over the age of 18 to carry their “registration” documents with them at all times.   Specifically, section 264(e) reads:

e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d)

[where the government issues a “registration certificate” after each foreign national’s registration]. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

Many of our clients and readers are surprised to learn about this requirement – and the reason is simply that the Department of Homeland Security (DHS) has generally not enforced the “at all times” language.    Often the requirement has been satisfied by an expectation (and ability) that the foreign national would be able to produce the registration document within certain period of time — perhaps by getting them from home or from a safe deposit box.

What Exactly Should I Carry:  What is the Registration Certificate?

As explained above, the law requires every foreign national to carry their “registration certificate” so the natural question is – what is this document?     The list is described in the federal regulations under 8 CFR. § 264.1(b).   Notable registration documents are the Form I-94 card, I-551 (green card), I-766 (EAD card).

For many people in the U.S., their registration certificate would be the Form I-94 card which is issued either at the port of entry (see below) or upon approval of someone’s extension or change of status (usually attached to the bottom of the Form I-797 approval notice).

It is important to note that effective May 2013, Customs and Border Protection (CBP) stopped issuing paper Form I-94 cards at the port of entry for most foreign nationals (exceptions are certain land entry points where paper is still used).   Under the new and current procedure (more details), most foreign nationals who are admitted into the U.S. have their passport stamped with a notation of the status type and the status expiration date.    To obtain their Form I-94 card (the “registration certificate”), a foreign national must take an extra step by going to the CBP I-94 website, completing the requested information and printing their electronic Form I-94 on paper.

In addition to the Form I-94 card (the registration certificate), we recommend foreign nationals carry with them a photo ID and, if applicable,  their visa document (such as Form I-20, Form DS-2019, or I-797 approval notice).

Enforcement and Applicability of the Requirement to Carry Registration Documents

As mentioned above, this requirement is very old and has been on the books for many years.   And yet, many people do not know about it and have never encountered a situation where they had to present their immigration registration document to an officer.     In certain parts of the U.S., it is more common for officials to ask for these documents.   For example, it is significantly more likely for an official to ask for the immigration registration documents in southern California or the southern border states (Arizona, Texas) compared to the Midwest or Northeast states.

Although domestic transportation lines and law enforcement officers do not often ask for these documents, in many cases they have the right to do so.   And if asked, a foreign national is supposed to have those documents with them.   We recommend foreign nationals to consider the possibility of requests for their  registration documents at transportation terminals or elsewhere even if they will never leave the territory of the United States.     Again, for foreign nationals 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 accompanied by the appropriate visa document (I-20, DS-2019, I-797, etc.).

Conclusion

We hope that this article alert would be helpful to many of our clients and readers to understand the requirements to carry immigration documents even while they are within the U.S. and even when they do not travel out of town.    We would love to hear stories or reports on officials requesting registration documents from our clients and readers.   We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about this article.      Also, please visit us again or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.