Registration and Domestic Travel Within the U.S.

As an alien, at your first entry into the U.S. you are "registered." That means that your documents are reviewed and you are given a document, usually a form I-94, to show that a record has been created for you in the Department of Homeland Security (DHS) file to show that you entered properly. Under U.S. law, you are required to register and to carry your registration document(s) with you at all times. In particular, you need to rem ember to carry these documents if you travel domestically inside the U.S. This FAQ will help you understand more about registration and domestic travel. 1. 2. 3. What is the rule about registration? How do I know if I am registered? What is the rule about carrying my registration documents? You said that the law requires that I have my documents with me "at all times." Is that true? Do I really have to carry my passport and documents with me to class every day and all over Durham? Stuff could get lost or stolen. have flown or taken the train or bus several times in the U.S. I have driven to other cities and states. I have never been asked for these documents. Is this a new law or regulation? Why isnt it enforced all the time? What should I have with me when I travel? For each of the visa classifications listed, the I-94 card is mentioned. Is it really that important? Are you sure I have one? Where would it usually be? OK, I understand that I may need to carry and present my documents inside the U.S. What else do I need to know? Do you have any helpful hints? If I have more questions, what do I do?
(Rev. 15 May 2003)

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1. What is the rule about registration? How do I know if I am registered?

"Registration" in general has been in the U.S. immigration law and practice for over 100 years. The Immigration and Nationality Act (INA), the most recent full revision of the immigration law, was enacted in 1952, but "registration" is a term that has been used in the immigration law since the 1800s. In the law Congress gave the Attorney General, the head of the Department of Justice (DOJ), the responsibility and the authority to

determine how registration takes place and to whom it applies. With the creation of the Department of Homeland Security (DHS) in 2003, the DOJ and DHS began to share responsibility and authority for registration and related immigration functions. Registration started for you when you applied for your visa, filed out all the forms, and were granted a visa. You completed registration when you entered the U.S. and received the I-94 card as evidence of that registration. Registration is part of the standard process of obtaining a visa and entering the U.S. The requirement appears in the Immigration and Nationality Act (INA). INA Section 262 reads, "(a) It shall be the duty of every alien now or hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under section 221(b) of this Act or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for registration and to be fingerprinted before the expiration of such thirty days. (b) It shall be the duty of every parent or legal guardian of any alien now or hereafter in the United States, who (1) is less than fourteen years of age, (2) has not been registered under section 221(b) of this Act or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for the registration of such alien before the expiration of such thirty days. Whenever any alien attains his fourteenth birthday in the United States he shall, within thirty days thereafter, apply in person for registration and to be fingerprinted. (c) The Attorney General may, in his discretion and on the basis of reciprocity pursuant to such regulations as he may prescribe, waive the requirement of fingerprinting specified in subsections (a) and ( b) in the

case of any nonimmigrant." Note that the law requires fingerprinting, but you were probably not fingerprinted. Currently the fingerprint requirement is waived for almost all persons coming in temporarily, though some persons are subject to Special Registration and must be fingerprinted. (See "Special Registration" at http://www.international.duke.edu/FAQ/FAQ_NSEERS_Special Registration.htm.)
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2. What is the rule about carrying my registration documents?

The law requires individuals over the age of 18 to carry their "registration" documents with them at all times. INA Section 264(e) reads "(e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both."
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3. You said that the law requires that I have my documents with me "at all times." Is that true? Do I really have to carry my passport and documents with me to class every day and all over Durham? Stuff could get lost or stolen.

DHS has generally not strictly enforced the "at all times" language. In practice the law has been satisfied by an expectation that you would be able to produce your documents within a reasonable time to get them from your apartment or safe deposit box, for example. When you travel away from Durham (or wherever you live), there is not a reasonable expectation that you could just pop home and grab your documents. You need to carry them with you for domestic travel.

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4. I have flown or taken the train or bus several times in the U.S. I have driven to other cities and states. I have never been asked for these documents. Is this a new law or regulation? Why isnt it enforced all the time?

This is not a new law, and in certain parts of the U.S., such as along the borders, it is common for officials to ask to see registration docu ments. As security procedures are heightened throughout the U.S., we can expect that everyone will be asked for more identification. For international students and scholars the most common item of identification is the passport and the most common forms of evidence of lawful status in the U.S. are the I-94 card accompanied by the appropriate visa document (I20, DS-2019, I-797, etc.) Although transportation lines and law enforcement officers do not ask for these documents 100% of the time, they do have the right to. And if asked, you are supposed to have those documents with you. We are advising all internationals at Duke of the possibility of requests for registration documents at transportation terminals or elsewhere even if the flight, train, bus, or car does not leave the U.S.
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5. What should I have with me when I travel?

You need to carry a basic identity document such as your passport plus: VISA CLASS F-1 student or F-2 dependent DS-2019 J-1 student or scholar or J-2 dependent I-797 Approval Notice H-1B, O-1, or TN or H-4, O-3, or TD dependent (original for principal and copies for dependents) Note that sometimes the TNCanada will not have the I-797, but should carry a copy of the I-94 card I-94 card VISA DOCUMENT I-20 REGISTRATION DOCUMENT I-94 card

appointment letter instead.

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6. For each of the visa classifications listed, the I-94 card is mentioned. Is it really that important? Are you sure I have one? Where would it usually be?

Most I-94 cards are stapled into the passports for safekeeping. Your I-94 card is one of the most important alien identification documents you hold inside the U.S., for it, alone, confirms that you were admitted into the country properly. If you lose it, this places you in an extremely difficult position. We strongly advise that you not remove your I-94 card from your passport, but carry your passport along with your visa documents. We know that most of you keep your passports and visa documents in a safe place while in Durham, making sure to carry them with you whenever you travel outside the U.S. You will also need to take special care to carry your documents and keep them safe when you travel inside the U.S. If you have any question as to whether your documents are in order, please come by the Duke Visa Services to confirm their validity.
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7. OK, I understand that I may need to carry and present my documents inside the U.S. What else do I need to know? Do you have any helpful hints?

Two things to remember: If you are traveling outside the U.S., and you hold a Duke-issued I-20 or DS-2019, you must make certain that the issue date on the I-20 or DS2019 will be less than one year old on the day you will reenter the country. If your I-20 or DS-2019 will be more than 1 year old when you return, then you must request a new one before you depart, and your request must be filed in Visa Services two weeks prior to your travel. If your I-20 or DS-2019 was issued by another school or organization, that school or organization must update your documents. Duke cannot do it. For example, if you have a DS-2019 as a Fulbright scholar, then you should consult with your Fulbright representative for updated forms. (See "Travel Abroad and Reentry" at http://www.international.duke.edu/int_travel_abroad.html.) If you have not already done so, invest in a passport case or similar small document carrier that allows you to carry your travel documents together all in one place, including your passport, your I-94 card, and your visa document (I-20, DS-2019, I-797, etc.). Do not mix lots of other documents with your travel documents. Keep your travel documents together in a safe place while you are at Duke. When you travel domestically or internationally carry them with you on your person in a safe place, not tucked away in your luggage.
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8. If I have more questions, what do I do?

Contact Visa Services by sending a message to VISAHELP@mc.duke.edu or call the office at 681-8472.