A critical recommendation for foreign nationals in the United States that has gained vital importance in recent days is that they must carry documentation evidencing immigration status at all times.
Section 245(e) of the Immigration and National Act requires that every individual over the age of eighteen (18) carry at all times “any certificate of alien registration or alien registration receipt card issued” to him or her. Failure 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.”
Department of Homeland Security 8 CFR 264.1(b) delineates that “certificate of alien registration” may consist of:
- I-94, Arrival-Departure Record OR a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport. Form I-94 may be obtained via: https://i94.cbp.dhs.gov/(goes to new website) and carrying a copy of this record is more advisable than carrying a passport at all times for purposes of evidencing the entry stamp given the risk of this important document being lost or stolen.
- I-766, Employment Authorization Document.
- I-551, Permanent Resident Card—Lawful permanent resident of the United States.
- I-95, Crewmen’s Landing Permit—Crewmen arriving by vessel or aircraft.
- I-184, Alien Crewman Landing Permit and Identification Card—Crewmen arriving by vessel.
- I-185, Nonresident Alien Canadian Border Crossing Card—Citizens of Canada or British subjects residing in Canada.
- I-186, Nonresident Alien Mexican Border Crossing Card—Citizens of Mexico residing in Mexico.
- I-221, Order to Show Cause and Notice of Hearing—Aliens against whom deportation proceedings are being instituted.
- I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien—Aliens against whom deportation proceedings are being instituted.
- Form I-862, Notice to Appear—Aliens against whom removal proceedings are being instituted.
- Form I-863, Notice of Referral to Immigration Judge—Aliens against whom removal proceedings are being instituted.
The most common forms of registration are delineated at items 1-3 above. While an original passport does not need to be in the foreign national’s possession on a day-to-day basis unless they elect to evidence status via an entry stamp, we recommend at least carrying a scanned copy or photograph of the identity page and entry visa on his/her electronic devices as additional evidence of identity/status.
