Can I travel inside the US with a digital copy of my passport and visa?
I need to drive to another state but I had to send my passport to a canadian consulate... should I wait to receive it or it is enough to temporary have just a digital copy of my passport and visa ? I also have the original of the entrance permit form I-94A
Best Answer
You don't need your passport. If you're within 100 miles of the Mexican or Canadian border, you may be stopped by US Border Patrol. They will typically ask you if you are a US citizen, and, when you answer "no," they will want evidence of your immigration status.
The US statute that they'll cite, if they cite anything at all, will be 8 USC 1304, Forms for registration and fingerprinting, which says at paragraph (e) that
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). Any alien who fails 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.
For reference, here is subsection (d):
Every alien in the United States who has been registered and fingerprinted under the provisions of the Alien Registration Act, 1940, or under the provisions of this chapter shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations issued by the Attorney General.
Now it's not clear to me whether the fingerprinting that visitors undergo when they enter the US is "under the provisions of the Alien Registration Act, 1940, or under the provisions of this chapter," but for the sake of discussion, let us assume that it is.
At 8 CFR 264.1, you can learn that your I-94 form is both a "prescribed registration form" and "evidence of registration." Your passport with its admission stamp is also "evidence of registration."
In the exceedingly unlikely event that you were cited for violating 8 USC 1304 (e), you would probably be able to defend yourself successfully by showing that you had your I-94A with you. But the only prosecutions I've found under this section were people who were being prosecuted for much more serious criminal violations, and this one was just added to the list.
If you don't have either of these documents, they'll look you up in the database, determine that you're in the country legally, and let you go. They might take you to the office to do this, so it's something you'd rather avoid. Having a digital copy of your passport might help with this, and having your I-94A certainly will.
I presume you sent your passport to the consulate for a visa. If you have a reasonable explanation for why you don't have your passport, you're unlikely to be given trouble for not having it.
Finally, these rules apply at all times. It doesn't matter whether you're going to another state or just popping around the corner for a hot dog, or even just sitting in your hotel room. If the law were taken completely literally, as Border Patrol officers seem to insist, it would be illegal for foreigners to mail their passports to consulates altogether.
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Can I travel in the US with a copy of my passport?
Can you use a photocopy of a passport to travel? No, a photocopy is not the same as a passport, and therefore is not a valid travel document. You will not be allowed to travel using a photocopy to anywhere that requires a valid U.S. passport.Do you need to print your visa for America?
The United States regulation does NOT require a Visa Waiver Program (VWP) traveler to present a printed copy of the ESTA authorization page in order to travel. However, it is recommended that you print a copy for your records. Some airlines may ask you to bring a copy, in which case you should print it out.Do you need papers to travel within the US?
In the United States, you need a valid U.S. government-issued photo ID or a passport from your country of origin to travel through security. You must show that the name on your boarding pass matches the legal name on your unexpired government-issued ID.Which documents do I need to travel within the US?
You must present an acceptable ID, such as a valid passport, state-issued enhanced driver's license or U.S. military ID, to fly within the U.S. You will not be allowed to fly if your identity cannot be verified.Bring a Copy of Your Passport When You Travel
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