Can I travel without getting in trouble for being out of status? [duplicate]

I am an international student. My passport and visa are not expired but I believe I'm out of status because I'm not going to school for now due to financial issues. I want to go see a friend in LA.

Can I use my passport at the airport?
Is it safe ?

I'm scared because I'm out of status.

Best Answer

You can safely use your passport - as its used to check your identity only; and of course there are no immigration controls within the US.

You can also safely exit the US (there is no exit immigration in the US) - but of course you cannot come back in if your visa is no longer valid.

I would try to get your status normalized though, simply because this will help you in the future if you ever decide to visit the US again.

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Can I travel with change of status?

Once USCIS approves your change of status petition, you may travel internationally. Your H-1B status will take effect on the date that was requested. While travel, as outlined above, is permissible, you may encounter difficulties when re-entering the U.S. or when applying for a visa for your current status.

Does USCIS know when I leave the country?

Yes, they almost certainly do know you've left. The US processes passport details for all air passengers through a system called APIS, and ties that to the electronic I-94 (arrival and departure record). You can check your US arrival and departure history online.

What happens if you go out of status?

Once you have fallen out of status\u2014meaning that your authorization to stay in the United States on a visa or some other document has expired\u2014you are expected to depart the United States immediately. You are not eligible for a work permit, or indeed for any other immigration benefit.

Can you stay in US during change of status?

The application process for a Change of Status (COS) will allow you to remain in the US while the decision is pending, provided the application is filed in a timely manner with US Citizenship and Immigration Services (USCIS).

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