What You Need to Know About Traveling Within the US as an Immigrant
As the country continues to get vaccinated and as certain things begin to “open up” there is more of an interest in travel among many of our clients.
Whether or not you are safe to travel within the United States and how you travel depends entirely on your unique immigration situation. There are a few situations in which certain travel decisions are extremely risky.
Note that if you have a valid visa of any kind, or a green card, you should be safe to travel within the United States if you want to. The only way you may jeopardize your immigration case is if you choose to leave the United States. Just make sure you carry appropriate documentation with you at all times, meaning you’re carrying your passport, your ID, and your stamped visa with you at all times.
You’re filing for an extension on your visitor’s visa.
If you’re waiting on an approval for your visitor’s visa extension you’re in a fairly precarious position.
Of course, it’s easy to get frustrated with the extension process. They take a long time, it’s impossible to know whether or when they will be approved, and the delays can certainly make it difficult to plan. Nevertheless, many extensions are being denied, and if you are caught on a visitor’s visa that has expired it may not matter that you applied for an extension and are waiting for approval. Immigration agents may still initiate the removal process.
You’re undocumented or have overstayed your visa.
Travel can be extremely risky for you, because you don’t have legal status. In many cases you will be inviting Homeland Security to discover this fact and respond to it.
How to Minimize Risks
What if you absolutely must travel, due to an emergency, for the purposes of obtaining work, or for some other reason that makes remaining in your current location anything but an option?
Primarily, what you’re going to want to do is avoid the airport. Driving, if you have a valid license, is usually pretty safe. The moment you go to the airport, however, you’re interacting with TSA agents, who will definitely discover your status issues.
You also are going to want to avoid travel by Greyhound bus. Many people don’t realize this, but along the border especially ICE agents often stop Greyhounds and board them. They begin checking the paperwork of everyone on board the bus and will take people into custody if they find they do not have legal status within the United States of America. The same is true for Amtrak trains.
Note that these checks can happen anywhere. While they are more common at the border they could just as easily take place here in Pennsylvania, in the heart of the midwest. At some bus stations they happen up to three times a day. Immigration law as currently written give agents the ability to search vehicles without a warrant within a reasonable distance from any external boundary of the United States. That includes a large chunk of this state.
While these spot checks have certainly been criticized for being unconstitutional they nevertheless do continue to take place.
Travel via a private vehicle is always going to be your best bet. If possible, you want to avoid driving the car yourself. Instead, try to travel with a citizen who has their own driver’s license. If stopped, passengers of a private vehicle do not have to provide any identification under the current law.
Need help? Contact us today.
The Law Office of Renee Hykel helps with many immigration issues and can answer questions as needed.
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Employment & Investment Visas
Although it often comes with controversy, immigration into the United States has always played a major role in the strength of its economy. Perhaps no one understands this more than the residents of Philadelphia, where the Liberty Bell still welcomes foreigners to one of the richest historical communities of our country.
Not knowing or understanding the system and laws of the U.S. can be a disadvantage for many foreign immigrants who wish to obtain permanent residency in the United States, either for themselves or for their loved ones. Hykel Law’s Family-Based Immigration Services can lead you through the complicated process to achieve either temporary or permanent residency, depending on your situation.
Are you afraid of deportation? If you are a foreign national involved in the beginning stages of removal proceedings, the deportation attorney at Hykel Law in Philadelphia can help prevent this unfortunate situation. We can evaluate your immigration case and find the best strategy to defend you from removal proceedings to help you stay in the United States.