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Legal Obligation to Carry Proof of Status

Posted by Keshab R. Seadie | Apr 15, 2025 | 0 Comments

Under Section 264(e) of the Immigration and Nationality Act (INA):

“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).”
 
This means that all non-U.S. citizens, including visa holders and lawful permanent residents (green card holders), are legally required to carry proof of their immigration status.
 
Types of Acceptable Proof:
 
  • Nonimmigrant Visa Holders (e.g., F-1, H-1B, B-2): Valid passport with the U.S. visa and I-94 record (can be printed from CBP's website).
  • Permanent Residents (Green Card Holders): Green card (Form I-551).
  • Pending Adjustment Applicants: I-797 receipt notices or Employment Authorization Document (EAD) if issued.
  • DACA, TPS, or Asylum Applicants: EAD or other USCIS-issued document confirming status.

Consequences of Failing to Register or Carrf Proof: 

1. Misdemeanor Criminal Offense:

  • Not carrying your immigration documents is technically a misdemeanor under federal law.
  • Penalties may include:
  1. Up to 30 days in jail;
  2. A fine up to $100;
  3. Possible removal (deportation) proceedings if the person is also out of status.

2. Detention by Immigration Officials:

  • If encountered by ICE or CBP and you are unable to provide proof of lawful presence, you may be detained.
  • This could lead to questioning, arrest, or initiation of removal proceedings—even if you are in valid status but just failed to carry proof.

3. Delays in Immigration Processes:

  • Failure to register (e.g., not updating address via Form AR-11) or carry proof can be used against you in future immigration petitions.
  • It can reflect negatively on your credibility, especially in discretionary applications (e.g., Adjustment of Status, Naturalization, etc.).

4. Problems with Local Law Enforcement:

  • If stopped by police and you don't have immigration ID, local authorities might notify ICE depending on the jurisdiction.
  • In certain states, immigration status checks can be more stringent.

Best Practices:

  • Always carry at least a copy of your immigration documents (passport with visa, green card, or I-797 receipt).
  • Keep digital copies on your phone and physical copies in your bag/wallet.
  • Update your address with USCIS within 10 days of moving using Form AR-11, as required by law.

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