Can I fly within the US if I have a foreign passport with expired visa? Green Card should arrive soon
I have received an I-797 form that approves my I-130 application (Petition For Alien Resident). I even saw the A number indicated on this form (the A number that prints on the green card), assuming it belongs to me. However, I still didn't get the physical green card: maybe the post office is short on staff or out of fuel, who knows :-)
My question: can I travel by air within the US (I need to fly to NY and back to Miami) as I'm a little troubled because my foreign passport has an expired visa on it. Will the Customs and Border Protection worker turn me in to the immigration police?
Best Answer
Yes, you can fly domestically within the US.
Although you are not out of status, you should read the questions on this site concerning domestic travel by those who are. The answers make it clear that your concern about being asked for proof of immigration status is likely to be ill founded, except in some well defined cases where you are likely to encounter Border Patrol officers.
There are some questions here about traveling domestically in the US while being "out of status." These cover the likelihood that you will be questioned about your immigration status, which is extremely low unless you're flying through McAllen or Brownsville, or perhaps another airport within 100 miles of the Mexican border (it's also possible near the Canadian border, but I haven't seen evidence that it actually happens):
- I'm out of status but want to travel from Los Angeles to New York, USA
- Traveling inside the U.S. with a tourist visa from 3 years ago
- Expired visa, can I still fly inside US without risk?
You are better situated than the askers of the first two questions, and possibly of the third, because you are actually in the US legally. To summarize:
- Airline staff are not interested in your immigration status. They just want an ID document that matches the name on the electronic ticket.
- You mention Customs and Border Protection. You will not encounter CBP officers during a domestic flight.
- TSA (security) staff are not interested in your immigration status. They are not trained to determine immigration status and they will not look at any page in your passport other than the one with your picture and name. I can attest to this from personal experience flying domestically in the US using a foreign passport for identification.
- There is a chance when you travel in some airports that Border Patrol officers will be working at the TSA checkpoint. Border Patrol is one of the "immigration police" forces (the other being Immigration and Customs Enforcement, or ICE). Only these officers will be interested in your immigration status. If you have a pending adjustment of status application, you should be fine.
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Can you fly in the US if your visa is expired?
A visa is only an entry document and can expire while you are in the U.S. There is no issue if your visa expires while you are legally present in the U.S. As long as your status is still valid and you continue to follow all immigration regulations, you can continue to remain in the U.S. even if your visa has expired.Can I travel while waiting for green card renewal?
With evidence that you've started the green card renewal process and the urgent need for travel abroad, the USCIS officer can give you temporary proof of your status. The officer will generally place a sticker on your green card that extends it's validity for an additional year.Can I use a foreign passport to travel within the US?
Can I fly with a foreign passport or Employment Authorization Document Card? Yes, as noted above, the list of approved identification to fly domestically includes foreign government-issued passports and/or a U.S. Citizenship and Immigration Services Employment Authorization Card (I-766).Can I travel while my green card is being processed?
If you submit the Form I-131 with your green card application and it is approved by the USCIS you are essentially authorized to travel in and out of the US while your green card is being processed.Can a U.S. Permanent Resident Travel Internationally without a Valid Passport?
More answers regarding can I fly within the US if I have a foreign passport with expired visa? Green Card should arrive soon
Answer 2
For a domestic flight within the US, the airline staff establish your identity through your documentation. This can be something like a US state drivers license, or an international passport. Airline staff are not trained immigration officers, and won't even look for a valid visa in your passport. As long as your passport is valid, it should be perfectly acceptable.
If you have a US state drivers license, that's an even easier way that does not involve your passport at all.
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