By law, all non-citizens age 18 and older are required to carry proof of their immigration status at all times. Below is a list of documents that may be used to show your current immigration status.
For most temporary residents, this means a valid passport with the most recent Form I-94 (Arrival Record). In some situations, such as when an extension or change of status is pending, you may also need to carry an approval notice or receipt notice that explains why you are lawfully present. It is recommended that you carry original immigration documents whenever possible. In addition, you should keep a copy with you and store an extra copy in a safe, secure location. You do not need to carry every document listed below. Carry only the documents that apply to your current immigration status.
TEMPORARY RESIDENTS – PRIMARY NONIMMIGRANTS
(e.g., H-1B, L-1, TN, J-1, F-1, B-1/B-2, E-1/E-2, O-1, P-1)
- Foreign passport.
- Most recent and valid Form I-94. This includes either the electronic version (Get Most Recent I-94/I-95) or the paper Form I-94 attached to your I-797A Approval Notice. Use the version most recently issued to you.
- Form I-797 Approval Notice. I-797 approval notice of I-129 petition issued by the U.S. Citizenship and Immigration Services (USCIS), if applicable.
- Form I-797 Receipt Notice. I-797 notice of receipt of filing I-129 petition to extend/change statue (if current I-94 has expired and a petition has been timely filed), with employment confirmation letter from employer*, if applicable.
- Form I-20. Certificate of Eligibility for Nonimmigrant Student Status (for international students).
- Form DS-2019. Certificate of Eligibility for Exchange Visitor Status (for international exchange visitors in J-1 status).
- Form I-797 Receipt Notice for Form I-485. I-797 receipt notice of filing adjustment of status (I-485) application.
*It is recommended that the employer letter include language that the employee is lawfully present pursuant to either 8 CFR 274a.12(b)(20) (“the 240-day rule”) or 8 CFR 214.2(h)(2)(i)(C) (“the H-1B portability rule”).
TEMPORARY RESIDENTS – DERIVATIVE NONIMMIGRANTS
(e.g., H-4, L-2, TD, J-2, F-2, E-3, O-3, P-4)
- Foreign passport.
- Most recent and valid Form I-94. This includes either the electronic version (Get Most Recent I-94/I-95) or the paper Form I-94 attached to your I-797A Approval Notice. Use the version most recently issued to you.
- Form I-797 Approval Notice. I-797 approval notice of I-539 application, if applicable.
- Form I-797 Receipt Notice. I-797 receipt notice of filing of I-539 application to change or extend status (if current I-94 has expired and an application to change or extend your status has been timely filed).
- Form I-20. Certificate of Eligibility for Nonimmigrant Student Status (for F-2 spouses and children).
- Form DS-2019. Certificate of Eligibility for Exchange Visitor Status (for J-2 spouses and children).
- Form I-797 Receipt Notice for Form I-485. I-797 receipt notice of filing adjustment of status (I-485) application.
PERMANENT RESIDENTS
- Permanent resident card.
- Foreign passport with I-551 stamp. Temporary evidence of lawful permanent residence.
U.S. CITIZENS (RECOMMENDED, BUT NOT REQUIRED)
- U.S. Passport.
- Certified copy of U.S. Birth Certificate.
- Copy of naturalization certificate, if applicable.
OTHER
- If you are undocumented, it is recommended that you carry evidence you have lived in this country for two years or more.
Should you wish to receive further information concerning Immigration matters, please contact Gunster’s Immigration Law practice.
This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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