Immigration law requires every foreign national in the United States who is 18 years of age and older to carry evidence of their immigration status in their personal possession. Examples include: I-94 records, LPR (green) cards, and EADs (employment authorization documents).
While not specifically required, we recommend carrying copies of the most recent corresponding status documentation. Examples include: Form I-797 approval notices designating H-1B, L-1, O-1, or TN status, consular-certified Form I-129S, receipt notices for pending extensions if I-94 record has expired, Forms I-20 for students, Forms DS-2019 for J-1 exchange visitors.
While there is also no specific requirement to have a passport in one’s personal possession, it is a best practice to at least have a physical copy handy so that an immigration officer can verify that the Form I-94 presented relates to the individual presenting it (even though they may have a driver’s license or other forms of identification).
Penalties
While carrying original documents may feel like a burden or a risk, the immediate practical consequences of not having the required documentation available to present to an ICE officer are high. If ICE has reasonable suspicion the individual is not lawfully in country, they may be arrested / detained. Failing to comply is a misdemeanor and can carry a maximum fine of $100 or imprisonment of up to 30 days, or both.
