QUESTION

How can I fly from state to state with just a foreign passport?

Asked on May 04th, 2012 on Immigration - California
More details to this question:
Hello,I currently leave is California. I have to fly from Cali to north Carolina. I Only have my Mexican passport with no visa. TSA has confirm that they don't check for visa or immigration status for local flights. I have been in the USA since I was 10 years old (I'm 26 now). My wife is a born American citizen, I have a daughter. Currently I just submitted my I-130 application. Can I get deported by flying locally? Can ICE deported me so easily? I have no criminal record. I would appreciate an answer as Im flying in a couple of weeks and would like to be prepare. Thanks.
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5 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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Yes, it is possible to be the deportation proceeding if you fly within the US.
Answered on May 10th, 2012 at 12:27 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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When you travel in the U.S. you run the risk of being questioned by DHS. This does not mean that you will be deported. However, you can be detained until you are bonded out. DHS has recently announced a policy of not deporting non criminal aliens but this is not the case with every officer.
Answered on May 09th, 2012 at 2:01 PM

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Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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Most people are fine. I do not recommend it however. That is because there are instances when the TSA agent asks, even if they are not supposed to. I have actually seen that happen first hand. So at the very least have the I-130 receipt to show you applied for that. If you have the I-485 receipt (filing for GC in the US) then that is very good to bring. If you are going to have to file abroad, then that may not be enough.
Answered on May 09th, 2012 at 12:12 PM

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When you fly within the United States (from state to state), there are no immigration checkpoints. So, your immigration status will not be an issue for TSA. However, until you become a legal permanent resident you are still subject to arrest for not having legal status. If you do get picked up by ICE, make certain to request a hearing before an immigration judge.
Answered on May 09th, 2012 at 12:08 PM

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You just need to present a valid government-issued ID for purposes of boarding a flight in the US. You do not need to have any immigration paperwork.
Answered on May 09th, 2012 at 12:04 PM

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