Here's something that might surprise you: US law requires all non-citizens aged 18 and over to carry proof of their immigration status at all times. Not just when you're traveling. Not just when you're at work. At all times—including when you're grabbing coffee or walking to the gym.
This isn't a new law. It's been on the books for decades. But for most of that time, it was rarely enforced. While I never want to scare anyone—I do believe that has now changed and it's important to be completely aware of your rights and the laws. Under the current administration, immigration enforcement has intensified significantly, and this long-dormant requirement is now being actively enforced. People have been stopped and fined, or worse, for not carrying their documents.
So let's talk about what you're legally required to carry, what you should carry for practical purposes, and how to stay on the right side of a law you might not have known existed.
The Legal Requirement
Section 264(e) of the Immigration and Nationality Act (INA) requires every alien over the age of 18 to “carry with him and have in his personal possession” the “certificate of alien registration or alien registration receipt card.”
In plain English: if you're not a US citizen and you're 18 or older, you must carry evidence of your immigration registration at all times.
This includes when traveling domestically or just going about daily life.
What Counts as “Evidence of Registration”?
The specific document you need depends on your immigration status:
If you're on a nonimmigrant visa (E-3, H-1B, F-1, O-1, B-1/B-2, etc.) or on a spousal visa:
- Your I-94 arrival/departure record is your primary registration document
- You can print this from the CBP I-94 website and it's important that you print this out and each and every time you re-enter the US as the details will be updated each time.
If you're a lawful permanent resident (green card holder):
- Your green card (Form I-551) is your registration document
- You must carry the original, not a copy
If you have an Employment Authorization Document
- Your EAD card (Form I-766) serves as evidence of registration
If you entered on ESTA (Visa Waiver Program):
- Your I-94 printout from the CBP website
For completeness, DHS regulations at 8 CFR 264.1(b) identify acceptable proof of registration as:
- Form I-94 (Arrival/Departure Record)
- Employment Authorization Document (EAD, Form I-766)
- Form I-551 (Green Card)
- Border Crossing Cards (I-185, I-186),
What About Your Passport and Visa Stamp?
Your passport with the visa stamp is not technically the required “registration document”—your I-94 is. However, carrying your passport is still a very good idea for practical purposes:
- It proves your identity and nationality
- It contains your visa stamp showing your classification
- If you're stopped by authorities, having more documentation is better than less
That said, many people are understandably nervous about carrying their passport everywhere due to the risk of loss or theft and don't want to carry their green card, let alone their passport.
What E-3 Visa Holders Should Carry
If you're an Australian on an E-3 visa, here's what I recommend having on you:
Minimum (legal requirement):
- Printed I-94 from the CBP website. Print it out, cut it out, and put it in your wallet. Also have a photo, favorited, on your phone for quick and easy access if the need arises.
Recommended:
- Printed I-94
- Copy/Photo of your passport photo page
- Copy/Photo of your visa stamp
- Copy of your I-797 approval notice (if you have one—remember, an I-797A is in place of your I-94 so be sure to have this too if you applied for an I-129 in-country.)
Ideal (if you're comfortable carrying originals):
- Your actual passport
- Printed I-94
- Original or copy of I-797s (if relevant)
On a daily basis non-immigrants should carry their I-94 printout to comply with INA 264(e). It is also a good idea to carry any relevant status document such as Form I-797, a valid EAD card if authorized for employment, etc.
Isn't all this over-kill and you're just adding to the “media frenzy”
I get it, this might feel to you like an overly-sensitive response to normal immigration issues, but the honest truth is that DHS and ICE are objectively more physically present in locations, and airing on the side of caution is always recommended.
I also want to re-highlight that this has always been the law, so in order to remain compliant in the country, everything above has been recommended.
The Penalties Are Real
This used to be treated as a technicality that was almost never enforced. That's no longer the case.
Violations are a misdemeanor. DHS has memorialized that noncompliance as a misdemeanor punishable by a fine of up to $5,000 or imprisonment for not more than thirty days, or both.
A 60-year-old lawful permanent resident in Chicago was ticketed $130 in October 2025 after ICE agents found he wasn't carrying his identification—a routine stop that ended without detention but signaled a renewed federal focus on enforcing a long-dormant rule. per Newsweek. While this is only $130, situations can go sideways fast and you don't want to jeopardize your entire life in the U.S. over something something so simple.
Beyond the immediate penalties, failure to register or carry proof can be used against you in future immigration petitions. It can reflect negatively on your credibility, especially in discretionary applications such as Adjustment of Status or Naturalization.
Practical Tips: Balancing Safety and Compliance
Carrying your original passport and immigration documents everywhere creates a real risk—if they're lost or stolen, replacing them is expensive, time-consuming, and stressful. So how do you balance compliance with practicality?
1. Always carry a printed I-94 This is free, easy to replace, and satisfies the legal requirement for nonimmigrant visa holders. Print a fresh copy every time you re-enter the US, and keep one in your wallet or bag.
2. Keep digital copies on your phone Take clear photos of:
- Your passport photo page
- Your visa stamp
- Your I-94
- Your I-797 (if applicable)
- Your EAD (if applicable)
Store these in a secure folder or app. While digital copies don't satisfy the legal requirement, they can help in a pinch if you need to verify your status.
3. Keep physical copies at home and at work Have backup copies in multiple locations so you can quickly get a replacement if needed.
4. Consider what you're doing that day Going to the airport? Bring your passport. Running to the grocery store? Your I-94 printout in your wallet should suffice for most situations.
5. For green card holders: the copy dilemma The law does not use the word “copy” or refer to “other evidence” of LPR status—meaning technically, a copy of your green card doesn't satisfy the requirement. That being said, you don't want your card to be lost or confiscated, as they are incredibly difficult to have replaced or returned.
This is a judgment call. Carrying the original keeps you fully compliant; carrying a copy reduces the risk of losing an irreplaceable document. Know the trade-off and decide what makes sense for your situation.
Don't Forget: You Must Report Address Changes
While we're talking about registration requirements, here's another one that catches people off guard:
Nonimmigrants and lawful permanent residents must report any address changes within 10 days of the address change.
You do this by filing Form AR-11 online through USCIS. It's free and takes about five minutes. Failure to report an address change is also a violation—and unlike the document-carrying requirement, USCIS actually tracks this one in their systems.
I've written more about this here.
What to Do If You're Stopped
If you're approached by immigration authorities and asked for documentation:
- Stay calm and be polite
- Provide whatever documentation you have
- You have the right to remain silent beyond providing identification
- If you don't have documents on you, don't lie—explain the situation calmly
- You can ask if you're free to leave; if not, you can ask to speak with an attorney
If you're detained or your documents are taken, contact an immigration attorney immediately. We have a list of attorneys we recommend here.
The Bottom Line
The requirement to carry immigration documents isn't new, but enforcement is. Given the increased focus on enforcement by the Trump Administration, it would be prudent for all foreign nationals to ensure they are in compliance.
For most of us on nonimmigrant visas, compliance is simple: print your I-94, fold it up, and keep it in your wallet. It costs nothing and takes two minutes. There's no good reason not to do it.
Your immigration status is your lifeline in this country. Protect it by staying compliant with the rules—even the ones that seem like technicalities.
