Domestic travel often feels routine, but for individuals in temporary nonimmigrant status, it can present immigration risks that many travelers do not anticipate. In recent months, immigration enforcement at airports has received increased attention, making it more important than ever for foreign nationals to confirm they remain in valid immigration status before traveling within the United States.

Unlike U.S. citizens, visa holders may be questioned about their immigration status during domestic travel. In some situations, individuals have discovered they were no longer maintaining status only after encountering immigration authorities.

Before booking your next trip, consider the following issues.

Step One: Confirm That You Are Still Maintaining Status

One of the most common misconceptions among nonimmigrants is that a valid visa stamp automatically means they are lawfully present in the United States. In reality, your visa allows you to seek admission to the United States, but your authorized period of stay is generally controlled by your Form I-94 Arrival/Departure Record.

Before traveling, review your I-94 at i94.cbp.dhs.gov carefully and confirm that it accurately reflects your current immigration status and authorized period of stay.

Situations that may place someone out of status include:

• changing employers before receiving approval of an H-1B portability or transfer petition;
• dropping below the required course load while in F-1 student status;
• engaging in unauthorized employment or work outside the scope of your approved status;
• remaining in the United States beyond the expiration date listed on your I-94; or
• allowing your I-94 to expire while a change of status, extension, adjustment application, or asylum application remains pending.

Individuals whose I-94 reflects "D/S" (Duration of Status) should remember that they must continue complying with all requirements of their visa classification. Even without a specific expiration date, violating the terms of your status may result in a loss of lawful status.

If you are unsure whether you remain in valid status, speak with your immigration attorney before making travel plans.

Bring Documentation That Confirms Your Immigration Status

When traveling domestically, visa holders should carry documentation demonstrating both their identity and lawful immigration status.

At a minimum, travelers should consider carrying:

• a valid foreign passport;
• a printed copy of their current Form I-94;
• the applicable USCIS approval notice (Form I-797), if one exists; and
• for F-1 and J-1 nonimmigrants, the appropriate Form I-20 or Form DS-2019.

Although a passport is generally accepted as identification for TSA purposes, the I-94 and I-797 are not standalone identity documents. They nevertheless serve as important evidence of lawful immigration status and should be readily available if questions arise.

It is also prudent to maintain electronic or paper backup copies of these documents in the event originals are lost or temporarily retained by government officials.

Airport Screening May Include Immigration Enforcement

Many travelers assume TSA screening is solely a transportation security function. However, passenger information collected during domestic travel may also be shared with U.S. Immigration and Customs Enforcement (ICE).

ICE may compare passenger information against immigration databases and conduct enforcement actions at airports when appropriate.

Individuals who know they are out of status, are in a period of authorized stay following expiration of their I-94, or are subject to a removal order should consult immigration counsel before traveling domestically.

Understand How Facial Recognition Is Used

The Department of Homeland Security continues expanding biometric identity verification technologies across multiple agencies, including TSA, ICE, U.S. Customs and Border Protection, and U.S. Citizenship and Immigration Services.

For many domestic flights, travelers may currently decline facial recognition screening and instead request manual identity verification.

A traveler wishing to opt out may simply state:

"I would like manual ID verification and am opting out of facial recognition."

If necessary, request to speak with a supervisor. Travelers should also understand that opting out during airport screening does not remove biometric information previously collected during visa issuance, admission, or other immigration processes.

Criminal Issues Can Affect More Than Your Travel Plans

A valid visa does not necessarily protect an individual from immigration consequences arising from criminal conduct.

Certain arrests, convictions, or guilty pleas, including offenses such as DUI or drug-related crimes, may trigger removal proceedings or otherwise affect immigration status.

Before accepting any plea agreement in a criminal matter, noncitizens should obtain immigration advice regarding the potential consequences.

Travel Routes Can Matter

Certain states have adopted immigration enforcement measures that may increase the likelihood of immigration-related encounters following routine law enforcement interactions, including traffic stops.

Similarly, travelers should remember that U.S. Border Patrol has authority to conduct immigration inspections on buses and trains operating within approximately 100 miles of an international border. This authority extends well beyond the immediate border and includes large portions of numerous states.

If your immigration history contains any complications, discuss your travel itinerary with immigration counsel before departure.

If You Encounter Immigration Officers During Domestic Travel

If you are questioned or detained while traveling, remain calm and avoid arguing or resisting.

Depending on the circumstances, you may:

• present your passport as proof of identity if requested;
• request manual identity verification instead of facial recognition screening;
• exercise your right to remain silent;
• ask to speak with an attorney before answering substantive questions; and
• decline to sign immigration documents until you have received legal advice.

Carefully reviewing any document before signing is especially important, as certain forms may have significant legal consequences.

Planning Ahead Can Prevent Serious Problems

Domestic travel is routine for most visa holders, but maintaining lawful immigration status is essential before boarding a flight or traveling long distances within the United States.

If you have recently changed employers, have a pending immigration application, are uncertain about your I-94 validity, or have concerns regarding prior immigration or criminal matters, consult with experienced immigration counsel before traveling. Addressing these issues in advance is far easier than trying to resolve them after an unexpected encounter with immigration authorities.