| September
27, 2001 - Please be advised that the INS has recently set up
checkpoints at many U.S. airports, at both domestic and international
terminals. Many foreign nationals, whether they are lawful permanent
residents or “nonimmigrant workers” (e.g., those in H-1B, L-1, TN-1
status, etc.), have been asked to present their "green card" or their
passport and I-94 card. Several instances of such checks nationwide
have been reported, and have been independently confirmed by INS officials,
as well as the American Immigration Lawyers Association (AILA). We
are also aware of reports of INS officers also requesting I-797 petition
approval notices, in addition to the above documents.
The INS bases these requests on Section 264(e) of the Immigration
and Nationality Act. This federal statute requires all “aliens”
over the age of 18 to carry on their person “any certificate of
alien registration”, under penalty of a misdemeanor criminal conviction.
INS regulation 264.1(a) defines an I-94 card as a “prescribed registration
form”. Such a conviction is punishable by up to 30 days imprisonment,
a $100 fine, or both. For the time being, it appears that such checks
for identification are only being conducted at U.S. airports, for
both domestic and international travel.
Accordingly, all nonimmigrant foreign nationals traveling within
the United States (and, of course, abroad) should be prepared to
carry their passport, their I-94 card, and (if available), their
I-797 petition approval notice. Lawful permanent residents should
carry their I-551 alien registration cards ("green cards") or other
evidence of lawful permanent residence (e.g., a foreign passport
with I-551 ADIT stamp). Berry, Appleman & Leiden will post further
updates to this developing situation. As all these documents are
of utmost importance to any foreign nationals present in the United
States, extra caution should be taken to protect against their loss,
damage, or theft.
--Daniel C Horne, San Francisco Office
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