NON-U.S. CITIZENS REQUIRED TO CARRY EVIDENCE OF LEGAL IMMIGRATION STATUS

Given the recent increase in Immigration and Customs Enforcement (ICE) activity in various cities across the country, Vong Law Group would like to remind non–U.S. citizens of an important, long-standing legal requirement. Under Section 264(e) of the Immigration and Nationality Act (8 U.S.C. § 1304(e)), all foreign nationals aged 18 or older are required to always carry valid original physical evidence of their lawful immigration status.  This rule applies to legal permanent residents (green card holders), as well as nonimmigrant visa holders (F-1, H-1B, L-1, green card pending applicants, and other work authorized temporary visa categories). Failure to carry evidence of legal status is considered a federal misdemeanor and is punishable by a fine of up to $100 and/or imprisonment up to 30 days. 

While this rule has been in place for many years, we have received recent reports of non-U.S. citizens receiving fines by ICE. 

What You Should Do

1.     Carry original physical documentation of your legal status. A copy of your documentation is helpful but is not sufficient by itself.

a.   Legal permanent residents should carry their “green card” with them.

b.   Nonimmigrants such as H-1B visaholders should carry their original physical Form I-797 approval notice and their I-94 record.

c. Logistically, you may want to put your original documents in some sort of protective covering to prevent it from getting wet or being torn. 

d. Share a copy with a family member or a trusted friend in case you are unlawfully detained and need legal representation.  

2.     If you are stopped or fined you should remain calm. Be sure to gather as much information as possible, including officer names and badge numbers, as well as the time, date, and location of your interaction.

Given some reports of questionable actions by ICE agents, U.S. citizens may consider carrying a copy of their U.S. birth certificate, U.S. passport or U.S. naturalization certificate with them.  To be clear -there are no laws or rules requiring any U.S. citizens to carry legal immigration documents with them.  

Please reach out to Vong Law Group if you have questions about what documents you should carry.