This advisory provides important information for foreign nationals who have received employment authorization and deferred action status after a favorable bona fide determination on a pending application for U nonimmigrant status. The purpose of this post is to provide clarity on what kind of travel is permitted and the risks involved.

Domestic Travel

Foreign nationals who have received a bona fide determination through an application for a U visa and are living in the United States under deferred action status may travel domestically within the U.S., but certain precautions must be taken.

  1. Real ID Requirements
    To board a domestic flight, you must present a valid Real ID-compliant form of identification. This may include:
  • A valid, unexpired passport from your country of citizenship; or
  • A state-issued ID that meets Real ID requirements (if available to you).
    You can check whether your state-issued ID is Real ID compliant by visiting the Department of Homeland Security’s website: https://www.dhs.gov/real-id
  1. Required Immigration Documents
    Always carry the following documentation when traveling:
  • Your I-797 Notice of Action confirming a favorable bona fide determination and deferred action status
  • Your valid Employment Authorization Document (EAD card)
  • If you already have U nonimmigrant status, carry the I-797 approval notice for your U visa and your EAD card
  1. Be Prepared for Possible Encounters with Immigration Officials
    While TSA is not an immigration agency, immigration officials are sometimes present at airports and may be conducting inspections. Be prepared to show your documents and demonstrate your lawful presence.

International Travel

Foreign nationals with deferred action status or U nonimmigrant status should not travel internationally unless they have received prior legal advice and specific authorization.

Important:
Neither deferred action status nor U visa status allows reentry into the United States after international travel except for some very limited circumstances. If you leave the U.S. with deferred action status or U visa status, you may not be allowed to return. Therefore, we strongly advise against international travel unless you have consulted an immigration attorney and understand the risks of foreign travel.

Risks Involved with Domestic Travel

Even though domestic travel is allowed, there are still risks that you should be aware of, especially when passing through airports or interacting with government officials.

  • Encounters with Immigration Officials
    You may be questioned at TSA checkpoints or elsewhere in the airport. Immigration officials may ask for proof of your lawful status.

    • If you have criminal convictions on your record, you may be detained by immigration officials and placed into removal proceedings, particularly if your convictions occurred after you were granted deferred action status. Although we are not currently observing this type of enforcement activity taking place at airports as of the date of this blog post, it is important to understand that this could change. Increased enforcement at airports is possible in the future.
  • Carrying Documentation
    Always carry your EAD card and I-797 notice. Failure to present documentation may lead to delays or further questioning.
  • Know Your Rights
    You have the right to remain silent and to request an attorney. You are not required to answer questions about your immigration status without legal representation.
  • Potential for Misunderstandings
    Even with valid documentation, there is a risk of temporary detention due to errors or lack of familiarity with your status.
  • Legal Support
    Keep the contact information of an immigration attorney with you in case of emergencies.

Conclusion

While domestic travel is permitted for foreign nationals with deferred action status based on a U visa application, you must take proper precautions:

  • Carry your identification and immigration documents with you at all times
  • Do not travel internationally unless you have specific authorization and legal advice
  • Understand your rights and the potential risks when encountering immigration officials
  • Seek legal assistance if you encounter any problems during your travel.

If you have questions about your specific situation or would like to schedule a consultation, please contact our office. We are here to help you understand your rights and protect your ability to remain safely in the United States.

If you have specific questions about traveling in your situation, we kindly request that you schedule a phone meeting with your attorney to discuss in further detail.