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Guide for Undocumented Individuals Traveling in the U.S.

Themes/Topics: Law & Policy

Geography: California, National

Audience: Ally, Educator, Undocumented Youth

Introduction

Traveling in the U.S. can be a complicated and stressful process for anyone—even more so if you’re undocumented! But it doesn’t have to be complicated. If you’re thinking of traveling as an undocumented person (with or without DACA) and are curious about how to travel safely, read on. Safe travels, undocu-travelers!

Introduction Domestic Flights Ground Transportation: Public Buses & Trains Ground Transportation: Driving Traveling to U.S. Territories

Domestic Flights

All travelers flying on a domestic flight must present a valid (unexpired) photo ID issued by the state or federal government. Undocumented individuals may use the following forms of ID accepted by TSA:

  • State photo identity card
  • State driver’s license
  • Military ID
  • Foreign passport (must be unexpired 1 )
  • U.S. Citizenship and Immigration Service Employment Authorization Card
  • Trusted traveler cards such as the NEXUS, SENTRI and FAST cards issued by the Department of Homeland Security (“DHS”)
  • Border-crossing cards
  • Native American tribal ID cards
  • Airline or airport photo ID cards issued in compliance with TSA regulations and transportation worker ID credential

For a full list of TSA-acceptable forms of ID click here .

FAQ Regarding Domestic Flights

Yes, as noted above, the list of approved identification to fly domestically includes foreign government-issued passports (must be valid) and/or a U.S. Citizenship and Immigration Services Employment Authorization Card (I-766). There have been reports of individuals who were not able to fly with these documents due to erroneous TSA agent denials. In such instances, inform the TSA agent that according to posted Transportation Security Administration guidelines, these are acceptable documents. Here is the link: tsa.gov/travel/security-screening/identification

We recommend that you review TSA’s most up-to-date guidelines before your domestic flight.

Ground Transportation: Public Buses & Trains

There have been reports, especially during the Trump Administration, of Border Patrol agents conducting immigration checks without warrants on buses and trains, such as Greyhound and Amtrak. Although Customs Border Patrol (CBP) has publicly said that its agents are prohibited from boarding buses/trains and questioning passengers without warrants or a company’s consent, it’s a good idea for any passenger to be aware of the following rights:

  • You have the right to remain silent.
  • When in doubt, do not answer questions about your citizenship or immigration status or sign any paperwork without the advice of a lawyer. Do not lie – silence is often better.
  • If you have valid immigration papers, you can provide them. Never provide false documents.
  • You can refuse a search of your belongings by saying “I do not consent to a search.”
  • You have the right to record video of immigration agents.
  • If you are stopped or searched, you have the right to ask for the officer’s name / ID number.

FAQ Regarding Ground Transportation

Ground transportation: driving.

Like citizens, certain non-citizens may be eligible to drive legally. In some states, certain non-citizens are eligible to apply for a driver’s license. Check your state’s Department of Motor Vehicles (DMV) to determine if you are eligible to apply for a driver’s license regardless of your immigration status. If you are stopped by either law enforcement or immigration enforcement while in your car, consider the following recommendations:

  • Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way, and place your hands on the wheel.
  • Upon request, show the police your driver’s license, registration, and proof of insurance.
  • If an officer or immigration agent asks to search your car, you can refuse. However, if the police believe your car contains evidence of a crime, they can search it without your consent.
  • Both drivers and passengers have the right to remain silent. If you’re a passenger, you can also ask if you’re free to leave. If yes, silently leave.

FAQ Regarding Driving

Below are some noted checkpoints within California. Be prepared. Plan your route of travel and check before traveling.

  • San Clemente: located 7 miles south of San Clemente on Interstate 5.
  • Temecula: located 24 miles north of Escondido on Interstate 15.
  • Highway 79: located 1 mile west of Sunshine Summit.
  • I-8 West: located 3 miles east of Pine Valley on Interstate 8.
  • Highway 94: located 24 miles east of San Diego on California State Route 94.
  • Highway 78/86: located just south of the intersection of California State Routes 78 and 86, just west of the Salton Sea, controlling northbound traffic only.
  • Highway 111: located between Niland and Bombay Beach.
  • Highway S2: located 7 miles north of Ocotillo and I-8 in eastern San Diego County on S2 (Imperial Hwy/Sweeney Pass Road) between I-8 and State Route 78.

Traveling to U.S. Territories

Undocumented individuals who hold a temporary protection (e.g. TPS/DACA-recipients) may travel to the U.S. Territories without Advance Parole. However, it’s important to know where and how to safely travel overseas to the U.S. Territories.

IMPORTANT : Traveling to the U.S Territories without DACA, even though a person has never technically left the U.S., could result in a referral to ICE for removal.

You may also find the following information on the U.S. Customs and Border Protection (USCBP) website helpful.

[1] If you’re traveling with an expired license or passport you may still be able to fly. Acceptable forms of ID cannot be more than 12 months past the identified expiration date. Click here for more information.

This resource was created by Jesús Flores Rodríguez with editing support from Claire Calderón and Denia Pérez, Esq.

Immigrants Rising helps you make decisions based on your potential, not your perceived limits. Visit our website so you can see what’s possible: immigrantsrising.org . For inquiries regarding this resource, please contact Jesus Flores, Career Services Lead, at [email protected] . Revised 9/2023.

Related Resource:

  • Guía para personas indocumentadas que viajan en EE.UU.

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Know your rights and options for immigration relief! Immigrant students, faculty, and staff from CA community colleges can get free immigration legal services through the Higher Education Legal Services Project.

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Democracy & justice, how do refugees travel to other countries why don't they take the plane, an eu directive forces refugees to resort to irregular migration channels to arrive in the eu, entrusting their lives to rubber dinghies and paying vast sums of money to smugglers., by jascha galaski.

can refugees travel by plane

Knowledge is power. Your contribution counts.

Have you ever wondered why refugees don't simply travel to Europe on fast and comfortable aeroplanes instead of by sea on small inflatable dinghies? After all, planes are much safer than little rubber boats. The cost can't be the reason. Refugees often pay smugglers thousands of euros for a place on one of the boats, whereas travelling by plane from Turkey to Germany costs less than 50 euros. Maybe they were not able to leave the country and reach the airport? But that can’t be it either. In 2015, most Syrian refugees travelled to Turkey to take the boat but they could have easily gone to Istanbul Atatürk Airport. So what exactly triggers this choice? Why entrust your life to a small, overcrowded rubber dinghy instead of a well-equipped aeroplane? Well the answer is both simple and complex.

The simple answer

The simple answer is that they are not allowed to choose. It’s not as if they were presented with two travel options, one that is cheap, safe and comfortable, the other long, costly and dangerous, and they chose the latter, just for the thrill of it. No, the reality is that if they had gone to the airport, the airline staff at the check-in counter would have stopped them. Why is that? Well that’s the complex answer.

The complex answer

This involves a EU directive, the Carrier Sanctions Directive 2001/51/EC , that imposes sanctions on carriers – such as airline companies – if they transport passengers that are not in possession of valid travel documents. Penalties range from €3,000 per passenger to a lump sum of €500,000, depending on the country. Carriers will also have to cover the costs of the passenger’s return trip. This sounds like a reasonable measure to combat irregular immigration. However, it has a flaw.

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The directive leaves airline personnel to decide who is a potential asylum seeker. Imagine that. Airline staff, with no relevant experience, have 45 seconds to take a decision on who is and who is not a refugee, while embassies can take months. Carriers are threatened with fines if they allow entry to an undocumented migrant, but there are no penalties for denying entry to an asylum seeker. Thus, airline companies refuse permission to board the plane to people who don’t have valid documents. They have nothing to gain but much to lose.

To help airline staff in deciding who is eligible for asylum, EU member states have posted document experts or so-called immigration liaison officers (ILOs) at large airports. According to a report by the European Agency for Fundamental Rights (FRA), these officers can “assist airlines in establishing whether individual passengers who appear to be improperly documented are nevertheless bona fide and may be carried without incurring financial charges under carrier legislation”. ILOs have limited power, however, and can only provide airline staff with advice, leaving them with the final decision. It is thus very questionable if airline companies would take the risk of transporting an ill-documented passenger.

Outsourcing border control

The practice of delegating border control to airlines is not fulfilling the EU’s responsibility for refugee protection. Carrier sanctions are a leading example of the privatization of migration management. By imposing sanctions on carriers, fortress Europe is using a remote control policy to block access to its territory. The sanctions make it extremely difficult for refugees to travel safely to Europe, so they turn to smugglers, who become the main beneficiaries. In 2015 alone, they made more than five billion dollars transporting migrants to Europe.

can refugees travel by plane

This not only has detrimental effects on those seeking protection, but given the unprecedented numbers of irregular arrivals in the EU in 2015, the effectiveness of the directive may be seriously questioned. As the European Council for Refugees and Exiles (ECRE) states: “Carrier sanctions may certainly have been successful in preventing migrants, asylum seekers and refugees from accessing regular means of transport, but apparently, they have not contributed to a substantial reduction of the total volume of irregular migration to the EU and therefore the use of irregular ways of crossing borders.”

Safe and legal pathways

Populists thrive on ignorance. stay informed..

Carrier sanctions, restrictive visa policies and other measures to reduce arrivals force refugees to resort to irregular migration channels, making them vulnerable to human rights abuses and ironically forcing them to risk their life to reach a safe harbor. EU member states have a far greater responsibility than airlines for refugee protection. They should act accordingly.

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What is a Refugee Travel Document?

Home » What is a Refugee Travel Document?

July 5, 2021

refugee travel document explainer

U.S. Citizenship and Immigration Services (USCIS) issues Refugee Travel Documents to persons with refugee or asylum status (and in some cases to lawful permanent residents who obtained their permanent residence through refugee or asylum status).

Who Needs a Refugee Travel Document

You must have a Refugee Travel Document to return to the United States if you:

  • Have refugee or asylum status but are not a lawful permanent resident (green card holder); or
  • Are a derivative asylee or refugee.

If you do not obtain a travel document before you leave the U.S., you may be unable to re-enter the United States or you may be placed in removal proceedings before an immigration judge.

Lawful permanent residents who obtained their status through refugee or asylum status may also apply for a travel document. Although permanent residents can generally enter the United States with the green card (after an absence of less than one year), a travel document may be needed to enter other countries. In this way, the travel document is much like a passport.

An asylum “applicant” cannot obtain a Refugee Travel Document. Instead, asylum applicants may apply for an Advance Parole Document . Advance Parole allows certain aliens to return to the United States without a visa after traveling abroad.

Form I-131, Application for Travel Document

To apply for a Refugee Travel Document, file Form I-131, Application for Travel Document . You should file a Form I-131 before you leave the United States and expect processing times of approximately three months. However, it may take longer. Expedited processing may be available for your situation.

Should you need to leave the United States before USCIS grants the travel document or you want to apply outside the United States, please consult with an immigration attorney .

Mistakes on your Form I-131 can cause costly delays or a denial.

Period of validity.

A Refugee Travel Document is valid for up to one year. During this time you can use the document multiple times.

USCIS will not renew your travel document. Instead, you’ll need to apply for a new one with Form I-131, Application for Travel Document.

Traveling to the Country of Persecution

Traveling back to the country where you experienced past persecution or claim a fear of future persecution is highly discouraged.

RECOMMENDED: Dangers of Refugee/Asylee Travel to Home Country

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can refugees travel by plane

Moving and Traveling

If you move, it is important to update your address with the U.S. government. That way, you will make sure to receive important documents in the mail like hearing or interview notices. You need to update your address separately with every immigration agency you interact with.

Scroll down or click on the links below to read questions and answers from the Asylum Seeker Advocacy Project (ASAP).

Can I move while my asylum application is pending?

I moved. what should i do, how do i change my address with uscis, how do i change my address with the immigration court, how do i change my address with the board of immigration appeals (bia), how do i change my address with ice or isap, i moved far away from my immigration court. how do i file a motion to change venue, if my case is not in the immigration court system yet, can i still update my address with the immigration court, can i travel within the united states while my asylum case is pending, can i travel outside of the united states while my asylum case is pending, can i travel outside of the united states if i win asylum.

  • See other questions.
  • Find legal help.

Yes, you can move while your asylum application is pending, unless ICE has told you that you cannot move.

When you move, it is very important that you update your address as soon as possible. You need to update your address separately with every immigration agency you interact with. This can include one or more of these immigration agencies: USCIS, immigration court, and ICE or ISAP. Unfortunately, these agencies will not update each other when somebody moves, so you have to update each of them. If you update every agency, you will make sure to receive important documents in the mail like hearing or interview notices. Please keep reading for instructions.

When you move, it is important to update your address with the U.S. government if you want to pursue your immigration case. That way, you will receive important documents in the mail such as hearing or interview notices, or your work permit card.

You need to update your address separately with every immigration agency you interact with.

  • You can update your address online on this USCIS website .
  • Find more options here .
  • You can update your address online on this immigration court website .
  • If you moved far away, you may also wish to submit a Motion to Change Venue to request to move your case to a court closer to you. This is optional.
  • If you are not sure if you have a case in immigration court, read more here .
  • You can update your address online on this BIA website .
  • You can update your address in person during your next check-in, using the online tool to update your address with ICE , or by phone at 833-383-1465.

If you are an ASAP member, you do NOT need to change your address with ASAP. The Asylum Seeker Advocacy Project (ASAP) is a nonprofit organization and is not part of the U.S. government.

If you have an application pending with USCIS, such as a work permit application or an asylum application, you can change your address with USCIS online or by phone. Read below for more details on how to change your address with USCIS and what might happen if you moved far away. You may also need to change your address with other immigration agencies .

Option 1: Online Form

  • You can change your address with USCIS by completing an online form on this USCIS webpage .
  • You need an email address and a receipt number to complete the online form.
  • You should submit a separate online form for each family member who is included in your asylum application. Your family member’s biometrics appointment notice should include their A Number and receipt number.
  • After submitting the form, you should receive an email from USCIS confirming that they updated your address, usually within a few weeks. Keep this email for your records.

Option 2: Online USCIS Account 

  • If you submitted your asylum application online, you can also change your address in your online account .
  • If you change your address in your online account, you do NOT have to separately update addresses for other family members who are included in your asylum case. Their addresses will be updated automatically.

Option 3: By Phone 

  • If you do not have a receipt number and you did not submit your asylum application online, you can try calling the USCIS Contact Center at 800-375-5283 instead.
  • When you are asked to explain what you are calling about, you can say “InfoPass” in order to speak with a representative to update your address.
  • During the call, you can also ask to update the address for every family member who is included in your asylum application.

What will happen after I update my address if I moved far away? 

  • USCIS may automatically change your asylum office to one closer to you.

If this happens and it has been less than 180 days since you submitted your asylum application, USCIS will probably stop your “asylum clock.” This can delay when you can apply for your first work permit as an asylum seeker.

If your clock has been stopped, you can try contacting your new asylum office to ask them to re-start your clock. You can find contact information for asylum offices here . Read more about the asylum clock here .

  • If you received an asylum interview notice already and you are not able to attend the interview because you moved far away, you should request to reschedule your interview . You should do this as soon as possible.

You can change your address with the immigration court by submitting Form EOIR-33 by mail or online. Read below for more detailed instructions! If you moved far away , you may also wish to submit a Motion to Change Venue to ask your judge to move your case to an immigration court closer to you.

You may also need to change your address with other immigration agencies .

Option 1: Online

  • Go to this immigration court website .
  • You can follow the instructions on the website to complete the online form. You need to complete a separate form for each of the family members included in your case. For example, if you have 2 children and they are included in your case, you would need to complete the form 3 times.
  • You can change the language of the form in the top right corner, but you must enter all answers in English .
  • For “Base City,” you should select the city where your current immigration court is located, not the city that you moved to.
  • After filling out your personal information, click the button that says “CLICK TO REVIEW.” Check that all the answers are accurate. Then, type your name in the “Signature” space.
  • In the “PROOF OF SERVICE” section, make a selection in the drop down menu for the “Office of the Chief Counsel for DHS.” This is the official name for the office of the government attorney. Select the office location that matches your current immigration court.
  • At the bottom of the form, type your name again in the “Signature” space.
  • Click “Submit.” This sends the form electronically to the immigration court.
  • After submitting the form, print 2 copies. The first copy is for your own records.
  • Note: You can also submit the form online by registering on this separate government website . However, sending by mail is usually easier, because the government may take several weeks to approve your registration. After your registration is approved, you have to go back to the website and follow the instructions to send a copy of the Form EOIR-33 to the government attorney.

Option 2: By mail  

  • Download the correct Form EOIR-33 for your immigration court. Select the city where your current immigration court is located, not the city that you moved to.
  • You can see a copy of a Form EOIR-33 with instructions here . You can also watch  this video .
  • You need to complete a separate Form EOIR-33 for each of the family members included in your case. If your child is under 14 years old, you can sign for your child. If your child is 14 years old or older, it is best for the child to sign the form.
  • You will need the U.S. government attorney’s address to fill out the last section of Form EOIR-33. You can find their address here .
  • After you have filled out Form EOIR-33, make 2 extra copies. You can mail the original to your current immigration court. You can use the second page with the immigration court address as an envelope, by folding and taping the edges and placing a stamp. You can also submit it in person at the filing window in the immigration court.
  • Keep the first copy for your own records.
  • Send the second copy to the U.S. government attorney by mail. You can find their address here .

You can change your address with the BIA by submitting Form EOIR-33 by mail or online. Read below for more detailed instructions! You may also need to change your address with other immigration agencies .

  • Open this online form .
  • You can follow the instructions on the website to complete the online form. You need to complete a separate form for each of the family members included in your case.
  • After filling out your personal information, click the button that says “Click to Review.” Check that all the answers are accurate. Then, type your name in the “Signature” space.
  • In the “PROOF OF SERVICE” section, make a selection in the drop down menu for the “Office of the Chief Counsel for DHS.” This is the official name for the office of the government attorney. Select the office location that matches the immigration court where you had your immigration case.
  • Click “Submit.” This sends the form electronically to the BIA.
  • Download this version of Form EOIR-33 for changing your address with the BIA.
  • After you have filled out Form EOIR-33, make 2 extra copies. You can mail the original to the BIA. The second page of the form has BIA’s address. You can use this second page as an envelope, by folding and taping the edges and placing a stamp.
  • Send the second copy to the government attorney by mail. You can find their address here .

If you have check-in appointments with ICE or ISAP, you can tell an official about your new address during your next check-in or by phone. It can help to bring proof of your new address to the check-in, such as a utility bill or mail.

You can also use this online tool to update your address with ICE , or call ICE at 833-383-1465 to update your address.

ICE tells some people that they should notify their ICE officer before they move. You can find more information on this ICE website .

After you move, you may also need to change your address with other immigration agencies .

If you moved far away from your immigration court, you can request to change your immigration court to one that is closer to you if necessary. The way to do this is by submitting a “Motion to Change Venue” to the immigration court where you currently have a hearing scheduled. You do not need an attorney to do this: we have included detailed steps and a template below. But if you would like legal assistance, you can find help here .

First, how do I know if I should file a Motion to Change Venue?

A Motion to Change Venue is not necessary every time you move. You should only submit a Motion to Change Venue if you are not able to go to your hearings because your current immigration court is too far away, and there is a different immigration court that is closer to your new address. If you submit a Motion to Change Venue and the judge approves it, your case will be moved to an immigration court closer to your new address.

You do not have to submit a Motion to Change Venue if you moved, but your current immigration court is still the closest one to you. You also do not have to submit a Motion to Change Venue if you moved far away, but you are still able to go to your hearings and you want to keep your case at your current immigration court. However, every time you move, you still need to update your address to ensure that you receive important mail.

As of April 2023, a Motion to Change Venue no longer stops the “ asylum clock .”  The asylum clock must reach 150 days after filing asylum before you can apply for a work permit.

How do I file a Motion to Change Venue?

If you want to request to move your immigration court, follow the steps below. You can see a template Motion to Change Venue here .

  • Check the immigration court automated system to get some information. Write the answers down.
  • Where is your current immigration court?
  • Who is your immigration judge?
  • When is your next hearing?
  • Get proof of your new address. 
  • For example, this can be a rent agreement, a utility bill, or your child’s records from their new school. The document should show your name and new address. Make a copy of this document to attach to your request.
  • If you do not have any other proof, you can ask for a letter from someone who lives with you at your new address. If the letter is not in English, you will need to include a translation into English and a certificate of translation . You also need to include a copy of this person’s ID and proof of address. You can download a blank letter that the person can fill out here . You can see a copy of a letter with instructions here (page 6 of this packet).
  • Fill out a Form EOIR-33. This is a form that tells the immigration court that you have moved to a new address.
  • Download the correct Form EOIR-33 for your immigration court here . Select the city where your current immigration court is located, not the new city that you are trying to move your case to.
  • See a copy of a Form EOIR-33 with instructions here . You can also watch  this video .
  • You need to complete a separate Form EOIR-33 for each of the family members included in your case. For example, if you have 2 children and they are included in your case, you would need 3 forms in total. If your child is under 14 years old, you can sign for your child. If your child is 14 years old or older, it is best for the child to sign the form.
  • You will need the government attorney’s address to fill out the last section of this form. You can find their address here .
  • Fill out a “Motion to Change Venue.” This is a request that asks an immigration judge to move your case to the court closest to you. This document must be in English. If you choose to complete this document by handwriting, you should use black pen. 
  • Download a blank copy of a Motion to Change Venue that you can fill out . This document was adapted from a sample provided by the U.S. government.
  • See a copy of a Motion to Change Venue with instructions here .
  • (1) If you read your Notice to Appear and you agree with what is written there, you can write: “I concede the allegations in the Notice to Appear.”
  • (2) If you do NOT agree with what is written in your Notice to Appear, or you believe that immigration officials may have violated your rights when they arrested you, or you have any other doubts, it is best to talk with an attorney. You can also try to submit the Motion to Change Venue without mentioning the Notice to Appear. Some judges will still grant a Motion to Change Venue without this information. If the judge denies your Motion to Change Venue, you may want to speak with an attorney before trying again.
  • (3) If you do not have a copy of your Notice to Appear, you can write: “I do not understand the allegations in my Notice to Appear because I do not have a copy of this document and I do not have an attorney.” Some judges will still grant a Motion to Change Venue in this situation. If the judge denies your Motion to Change Venue, you can try to get a copy of your Notice to Appear and submit again.
  • To fill out the Proof of Service, which is on the last page, you will need the government attorney’s address. You can find their address here . The Proof of Service is a document that shows the immigration judge that you sent a copy of your documents to the government attorney.
  • Put the completed documents together in this order:
  • Form EOIR-33. You need to complete a separate form for yourself and each person included in your case.
  • Motion to Change Venue cover page and explanation of why you need to change your immigration court.
  • Proof of your new address.
  • Proposed order of the immigration judge.
  • Proof of service.
  • Review the package.
  • Read through all the pages to make sure everything is accurate.
  • Make sure that you wrote your correct name, A Number, old address, and new address.
  • Make sure you have signed and put in the date on: (1) Form EOIR-33, (2) the Motion to Change Venue, and (3) the Proof of Service.
  • Make 2 copies of the package. You should have 1 original and 2 copies.
  • The original should be mailed to your current immigration court. You can find the immigration court’s address here .
  • The first copy should be mailed to the government attorney. You can find the government attorney’s address here .
  • The second copy should be kept in a safe place for your records.
  • Wait for the immigration judge’s decision. The immigration judge’s decision will be mailed to your new address. Check your mail and the immigration court system regularly.
  • Sometimes judges can take a long time to decide on a Motion to Change Venue. If you have been waiting for a long time, or if your scheduled hearing date is coming up, you can try calling the court for an update on your case. You can find immigration court phone numbers here . Please note that sometimes it is very hard to get somebody on the phone. You should keep trying.
  • If you do not get a decision in time, you should go to your scheduled hearing. If you do not go to your hearing, you will likely receive a deportation order for missing your hearing. (If you do miss your hearing, do not give up! Read about steps you can take .)
  • You may also need to change your address with other immigration agencies. If you also have an application pending with the United States Citizenship and Immigration Services (USCIS) or check-ins with Immigration and Customs Enforcement (ICE), you also need to separately update your address with those agencies .

You can try, although it does not always work. If you think you have a case in immigration court , but your case does not appear when you try to check the automated court system , you can still try to update your address using Form EOIR-33 online or by mail.

To confirm which immigration court to send the Form EOIR-33 to, you can check to see if you have a document called a “Notice to Appear.” Some of these documents have the date and place you will appear for your first immigration court hearing, but not all documents have this information.

Unfortunately, even if you send in your Form EOIR-33, there is still a chance that the immigration court will send important documents to your old address. So it is very important to check the court system every week to find out when your first immigration court hearing is scheduled. If you want to pursue your asylum case, it is very important that you attend your immigration court hearings! If you miss any hearing , you will likely receive a deportation order.

If you want to submit your asylum application, you can submit it to USCIS instead . In general, you must submit an asylum application within one year of arriving in the United States.

If you have a pending asylum case, you can travel within the United States with an ID or your passport. You should also carry the documents that you were given when you first entered the country, just in case.

If you have appointments with ICE or ISAP , the official often requires you to tell them before you travel outside the state.

Generally, if you want to continue to pursue your asylum case, it is best not to travel outside the United States.

Your asylum case can be denied if you travel to your country of origin.

If you need to travel to a country that is not your country of origin, you can try to apply for advance parole from the U.S. government. But getting advance parole can be difficult.

  • If you are applying for asylum with USCIS , you can try to apply for advance parole with USCIS using Form I-131 . However, the advance parole application may be denied and it can take several months or longer to receive a decision.
  • If you are applying for asylum in immigration court , you can try to request advance parole from ICE. However, this is even more difficult than requesting advance parole from USCIS. Also, if an immigration judge has ordered your removal or your case is on appeal, leaving the United States might be considered an act of self-deportation, and you may lose the right to continue fighting for asylum.

If you travel outside the United States without advance parole, your asylum case can be denied.

If you are considering traveling outside the United States, you may wish to find an attorney to discuss your options.

Yes! The documents you need to travel depend on your current immigration status.

If you have won asylum but are not yet a U.S. permanent resident , you should apply for a refugee travel document to travel outside the United States. You can apply for a refugee travel document by submitting Form I-131 to USCIS. You can find more information on this USCIS page .

Also, please know that there are risks if you travel to your country of origin after you win asylum. If you do this, the U.S. government can end your asylum status. The U.S. government can also deny your green card (permanent residence) application because you traveled to your country of origin.

If you are a U.S. permanent resident, you can travel outside of the United States with your Permanent Resident card and a passport from your country of origin. But if you prefer not to use your passport or cannot safely get or renew a passport , you can apply for a refugee travel document to travel outside the United States. You can apply for a refugee travel document by submitting Form I-131 to USCIS. You can find more information on this USCIS page .

Again, there are risks if you travel to your country of origin. The U.S. government can end your permanent residence, and it can also negatively affect your U.S. citizenship application if you apply.

If you become a U.S. citizen, you can apply for a U.S. passport in order to travel outside the United States.

Note: This page is for adults who are interested in seeking asylum in the United States. Our hope is that you will use the information to better understand the asylum process and take control of your case. However, this information is not a substitute for legal advice about your particular case. To look for legal assistance, visit ASAP’s find help page . 

Two girls stand together and pose for a photo outside

Refugee facts, statistics and FAQs

Everything you need to know about refugees, and the stories behind the statistics.

Who is a refugee? What’s the difference between refugees and asylum seekers? Which countries host the most refugees? Find out the answers to these commonly asked questions and get the real facts and statistics about refugees.

5 facts about refugees  

1. high-income countries host just 24% of refugees .

The wealthiest countries host just 24% of the world’s refugees. The remaining 76% are hosted by poor, low and middle-income countries. 

Turkey is the single biggest host country for refugees. Most refugees living in Turkey come from  Syria , where an ongoing conflict has displaced families since 2011.

2. Most refugees live in neighboring countries 

Media coverage of refugees often focuses on those making long journeys to reach the U.S. or Europe but most refugees live in places immediately bordering their home country. For example, Jordan hosts the second-highest number of refugees per capita in the world, hosting more than 2 million registered Palestinian refugees and over 760,000 individuals of other nationalities including people from  Syria , Iraq , Yemen and Somalia . 

3. Over half of refugees come from three countries globally  

52% of all refugees in the world were displaced from just three countries by the end of 2022: Syria , Afghanistan and Ukraine .

A portrait of an artist, Muhammad who poses in front of a colorful mural he created.

4. There is an international agreement to protect refugees 

149 countries have agreed to provide refugees with protections under the 1951 Refugee Convention. This agreement was introduced following World War Two when many people fled persecution and conflict in Europe.

5. Seeking asylum is a universal human right 

Refugees’ right to seek asylum in another country is included in the Universal Declaration of Human Rights alongside the right to a fair trial and freedom of expression.

Frequently asked questions about refugees 

Wh o is a refugee  .

The definition of a refugee is someone who has been forced to leave their country in order to escape war and persecution. They are unable to return home until conditions are safe for them again.   

The definition of a refugee originates from the 1951 Refugee Convention, in which a refugee is defined as someone who has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group. 

This definition became part of U.S. law when Congress unanimously passed the Refugee Act of 1980 .

Related: Refugees and resettlement

Which countries protect refugees?  

149 countries around the world have signed The Refugee Convention, agreeing to protect refugees.  

What’s the difference between refugees and asylum seekers?

A refugee is someone who has been forced to flee their country because of persecution, war or violence, whereas asylum seekers are people who are in the process of claiming protection in another country. Once an asylum claim is recognized by a host country then they can live in their host country as a refugee.

Related: Migrants, asylum seekers, refugees and immigrants: What’s the difference?

Robert holds his young daughter in their house in Phoenix, Arizona.

Does everyone have the right to seek asylum?  

Yes, the right to seek asylum is recognized as a universal human right. Article 14 of the Universal Declaration of Human Rights states that “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” Other human rights in this declaration include the right to life, the right to privacy and the right to a fair trial without discrimination.  

Do people have to claim asylum in the first country they reach?  

No, they do not. The 1951 Refugee Convention, which is the basis of asylum laws around the world, does not require that a person must claim asylum in the first safe country they reach.

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Where do refugees come from around the world?  

Refugees primarily come from countries affected by conflict or where people are being persecuted for their ethnicity, religion, politics or sexual orientation.  

Globally, over half of all refugees come from just three countries:

  • Afghanistan  

Which countries host the most refugees?  

Turkey hosts more refugees than any other country. The majority of refugees living there have fled from neighboring Syria where a war has been displacing families for over 12 years.

Jordan hosts the second-highest number of refugees per capita in the world, hosting more than 2 million registered Palestinian refugees and over 760,000 individuals of other nationalities. Many Syrian refugees have found refuge in Jordan and benefit from the IRC’s services in the country.

Colombia has become one of the largest hosts for displaced people globally. To date, over 2.5 million people have arrived in Colombia from neighboring Venezuela . These are people in need of protection, including refugees and migrants. The IRC supports Venezuelans in  Colombia , Peru and Ecuador by providing services such as health assistance and economic support.

IRC CEO and president David Milliband shakes the hands of Venezuelans in Colombia.

Key refugee statistics

  • 76% of refugees are hosted in low or middle-income countries.
  • 70% of refugees live in neighboring countries.
  • The Biden Administration set an annual refugee cap allowing 125,000 refugees to be resettled in the U.S. in fiscal year 2022 and fiscal year 2023. 
  • The average asylum case takes more than 4.2 years to settle in U.S. immigration court.
  • The United States has resettled over 3 million refugees since 1975.

Stories behind the stats 

Refugees are not just legal definitions and statistics. They are real people who have been forced to leave their home countries and seek safety elsewhere.

Take Sabah for example.

Sabah is a 15-year-old refugee from Syria who was displaced by conflict and now lives in Lebanon. When she began participating in the IRC’s programs at a women’s safe space in Lebanon, she was already engaged to a man from her community. 

After participating in reproductive health lessons and self-esteem and decision-making sessions, Sabah learned about her right to education. She decided that she did not want to get married and gained the confidence to tell her parents that she wanted to decide her own future.

“There is no difference between a boy and a girl,” says Sabah. “They are the same in every aspect, and like a boy has rights, a girl has rights too. I’ve learned that a woman should be firm and defend her rights.”

With her parent’s support, Sabah called off the marriage and was able to continue her education. After school. Sabah wants to work with the IRC to mentor other refugees in Lebanon. 

Learn more about Sabah’s story .

Sabah poses for a photo and smiles into the camera.

What is the International Rescue Committee (IRC)?  

The International Rescue Committee (IRC) is a global non-profit organization that helps people whose lives have been shattered by conflict and disaster to survive, recover and rebuild. Founded in 1933 at the call of Albert Einstein, we now work in over 50 crisis-affected countries and communities throughout Europe and the Americas. 

Additionally, the IRC operates 28 offices across the United States that support newly arrived refugees by providing immediate aid, including food, housing, medical attention, legal support and other services that help refugees integrate into their new communities.

Read more about  our impact .

Support our work

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  • Jorge Ramos

Univision and Fusion news anchor Jorge Ramos discussed a U.S.-Mexico border wall on Fox News (screengrab)

Univision and Fusion news anchor Jorge Ramos discussed a U.S.-Mexico border wall on Fox News (screengrab)

Jon Greenberg

Ramos: 40% of undocumented immigrants come by air

Depending on which poll you believe, between 40 and 50 percent of Americans support building a wall or fence along the border with Mexico. Jorge Ramos, a news anchor on Univision and Fusion, makes no secret of his disdain for the idea.

A few days after attracting widespread notice after being thrown out of a Donald Trump press conference while asking a question on immigration policy (he was later allowed back in), Ramos accepted an invitation to appear on Fox News’ The O’Reilly Factor on Sept. 2, 2015 . Host Bill O’Reilly’s first question pressed him on the issue of a border wall.

O’Reilly:  "You don’t want a border wall. You don’t want that. Why not?"

Ramos:  "It’s a completely absurd idea. Why would you want to build a 1,900-mile wall between Mexico and the United States if almost 40 percent of all immigrants come by plane and they overstay their visas?"

Ramos is far from the first person to deploy the statistic that 40 percent of unauthorized immigrants come into the country under a legal visa and then stay beyond its expiration date. Two Republican presidential candidates, Florida Sen. Marco Rubio and former Florida Gov. Jeb Bush, have said the same thing. When we checked Rubio’s claim, we rated it Mostly True .

However, Ramos’ statement adds the wrinkle that these people typically arrive by plane to rebut the notion that a wall would stop unauthorized immigration.   As it turns out, it's hard to prove how they travel.

Actually, 40 percent might be too low

The key research on "overstays" -- the working term for this group of unauthorized immigrants Ramos had in mind -- was undertaken in 1997 by the U.S. Immigration and Naturalization Service. The INS estimated that overstays accounted for 41 percent of the undocumented.

Here we’ll add a bit of complexity.   Immigration researchers divide the undocumented into two groups -- overstays and "entries without inspection." The first group might have a student, temporary work or tourist visa. The second group never went through any review. 

Robert Warren -- who helped with that work at the INS and now is a senior fellow at the Center for Migration Studies, a research group founded by Catholic missionaries -- told PunditFact that not only does the balance between the two still hold, it has likely tilted toward the overstays.

"Since 2000, arrivals from Mexico, who are about 85-90 percent 'entries without inspection,' have plummeted, while overstays have increased, or stayed at about their historical levels," Warren said.

Warren said the shift likely stems from U.S. efforts that have made it harder to enter by land.

He sent us this graph from his latest research at the center.

can refugees travel by plane

Source: Center for Migration Studies

Analysts with two other organizations, the Pew Research Center and the Migration Policy Institute, largely back Warren’s overall estimates.

"It is likely that the 40 percent figure is still valid and, if anything, the share of unauthorized immigrants who are visa overstayers is probably higher than 40 percent," said Jeffrey Passel at Pew.

Featured Fact-check

can refugees travel by plane

Marc Rosenblum at the Migration Policy Institute said his group uses a wider range for overstays of one-third to one-half. While he’s comfortable with that, he noted it ultimately goes back to data collected by Pew in 2006.

"It’s widely cited and generally accepted as accurate, but it should be taken with a grain of salt because the estimate is old and characterized by some uncertainty," he said.

Rosenblum said the Department of Homeland Security has developed a way to count overstays who arrive by air or sea, but so far, the department doesn’t seem to have settled on an approach for people who enter at a land port of entry, such as the southern border. We reached out to a couple of agencies within the department, but did not get any information.

Guesstimating the fliers

If the 40 percent stat is defensible, the point that all those people arrive by air is much less so. In fact, the limited data we have suggests that whatever fraction flies into the country, it is less than 40 percent.

When we asked Ramos for his source, he pointed us to a 2006 report by Pew . However, while that assessment provides the 40 percent figure, it gives no details on the fraction that arrived in an airplane.

All of the experts we asked said they could only provide a gut assessment on this question.

"I have no information" on the form of transportation used by overstayers at the time of their entry, Pew’s Passel said, "but I suspect that most of them do arrive by plane."

But Rosenblum noted that overstays represent about 16 percent of unauthorized Mexican immigrants, about 27 percent of unauthorized Central Americans, and about 91 percent of all other unauthorized immigrants. Using his group’s estimates of the unauthorized population , that translates into about a third of all overstays coming from Mexico and Central America, and about two-thirds coming from the rest of the world.

"Many, but not all, of the Mexican and Central American overstayers likely arrived legally by land," Rosenblum said. "Almost all of the other overstayers likely arrived by air."

So let’s assume that none of the Mexican and Central American arrivals came by air, but all of the other arrivals did fly in. Since two-thirds of the overstays come from places other than Mexico and Central America, that would mean that two-thirds of the overstay population (the 40 percent figure) came by air, or about 27 percent.

That’s not far from the result Warren got using a slightly different approach. He estimated that at least one-third of the undocumented population arrives by air.

Ramos acknowledged the lack of hard data behind his statement.

"The important fact is that around 40 percent came legally and then overstayed their visas," he said. "How they got here is another matter." 

A final note: The rationale for building a wall between the United States and Mexico is strongly linked to the idea that illegal immigration is fundamentally a problem of a porous southern border. Ramos, Rubio and Bush use the 40 percent figure to highlight that a large portion of the problem lies elsewhere. However, Rosenblum noted that does not make the two groups equivalent.

"One difference between overstayers and those who enter unlawfully is that overstayers have been screened and found admissible at least once, while those who enter another way  -- mostly by crossing the border, or passing illegally through a port of entry -- could include people who would be inadmissible, because they have committed serious crimes or are on a security watchlist," Rosenblum said. "This is a legitimate reason to be more focused on illegal entries than overstayers."

Ramos said that about 40 percent of undocumented immigrants fly into the country and overstay their visas. While there is some evidence that overstays represent about 40 percent of the unauthorized population, and perhaps more, the best estimates of those flying in -- which are admittedly a bit shaky -- could be as low as one-quarter or somewhat more than one-third. The statement is partially accurate but leaves out important details, so we rate it Half True.

Editor's note:  Shortly after we published this fact-check, we added the word "undocumented" in parenthesis to our ruling statement to clarify the context of Ramos' remarks, specifically that he was speaking of undocumented immigrants, not all immigrants. The rating remains the same. 

Politifact

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Our Sources

Fox News, The O’Reilly Factor , Sept. 2, 2015

Pew Research Center, Modes of Entry for the Unauthorized Migrant Population Fact Sheet , May 22, 2006

Center for Migration Studies, A Review of the Declining Numbers of Visa Overstays in the U.S. from 2000 to 2009 , March 28, 2013

Center for Migration Studies, Beyond DAPA and DACA: Revisiting Legislative Reform in Light of Long-Term Trends in Unauthorized Immigration to the United States , 2015

PolitiFact Florida, Rubio says 40% of illegal immigrants stayed in the U.S. after their visas expired , July 29, 2015

Gallup, Immigration , May 2006

Rasmussen Reports, Voters Want to Build A Wall, Deport Felon Illegal Immigrants , Aug. 9, 2015

Pew Research, What Americans want to do about illegal immigration , Aug. 24, 2015

Email interview, Robert Warren, senior fellow, Center for Migration Studies, Sept. 3, 2015

Email interview, Marc Rosenblum, deputy director, U.S. Immigration Policy Program, Migration Policy Institute, Sept. 3, 2015

Email interview, Jeffrey Passel, senior demographer, Pew Research Center, Sept. 3, 2015

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Can Undocumented Immigrants Fly Within the U.S.?

can undocumented immigrants fly within the us

Can an undocumented immigrant fly within the U.S.? Yes, they can, but that does not mean the process isn’t fraught with potential pitfalls and some danger.

In general, domestic travel involves requests for official identification and contact with agents of the federal government. This means that air travel presents opportunities for an undocumented immigrant to be apprehended by federal officials. 

So, if you do not have permanent resident status or a valid visa, and you plan to travel around the U.S. by plane, you should speak with an experienced immigration attorney before you step foot in an airport.

At EMP Law, we have over 140 years of combined experience, and our experienced  Winston-Salem  and  Charlotte immigration attorneys  are at the top of their field. We are ready to take your call and find the perfect solution for you.

Get started today by calling  (336) 724-2828  or  filling out our online form .

Do You Have the Right Identification for Boarding a Flight?

Although the law generally does not forbid the travel of undocumented immigrants between the states,  identification regulations  that affect everyone might block some undocumented immigrants from flying.

The U.S. Transportation Security Administration (TSA) requires that every traveler over 18 present valid identification to a TSA agent before boarding a plane. Valid identification could include a driver’s license, a foreign government-issued passport, a U.S. passport, or many forms of identification sanctioned by the federal government. 

If you do not have documents that prove that you are legally in the country, you might not be able to clear the necessary security checks for flying. However, if you are an undocumented immigrant with a valid passport from your home country or a valid driver’s license, there is a good chance you can get on a plane without issues.

Currently, the  District of Columbia, Puerto Rico, and only 16 states  are willing to give driver’s licenses to undocumented immigrants. If you do not have a passport from your country and do not have a driver’s license, speak to a knowledgeable immigration lawyer about options in your state for obtaining a driver’s license before traveling. 

Your ability to take flights within the U.S. while being an undocumented immigrant also depends on when you choose to fly. Can undocumented immigrants fly domestically in 2023? Yes, many can. But can an illegal immigrant fly within the U.S. in 2025 and later? Possibly, but travel will likely be more complicated.

On May 7, 2025, new identification laws for domestic travel will take effect under the  REAL ID Act . The Real ID Act enforces minimum standards for state licenses used for domestic travel. 

Under the act, states issuing REAL IDs must require the following from a license applicant: 

  • Date of birth,
  • Social security number, 
  • Full legal name, 
  • Two proofs of address, and 
  • Lawful status. 

If you cannot get a REAL ID, you might still be able to fly with a foreign passport, and you should consult with an attorney about the best way to fly and whether there are avenues for seeking lawful status before your next trip. 

Does the TSA Check Immigration Status for Domestic Flights? 

Depending on the airport you fly out of, your immigration status might be checked before you board a plane. Are you boarding a plane in Washington, Texas, California, New York, or anywhere else that is on the coast or borders Canada or Mexico? If so, you must be extra careful about taking flights without documentation.

Travelers departing from airports that are close to an international border could be stopped at a  Customs and Border Protection (CBP) checkpoint  that questions travelers about their immigration status.

And if the CBP discovers that you do not have legal status, you could be detained and subject to a  deportation or removal proceeding  before a U.S. immigration court. Deportation and removal proceedings are complex and should be  handled with the help of experienced counsel . 

Contact An Immigration Attorney Before You Fly

At EMP Law, our immigration attorneys are passionate about protecting immigrants who reside in this country, and we provide exceptional and diligent representation to all. In fact, our immigration attorneys have been awarded the honor of Business North Carolina Legal Elite for Immigration for multiple years in a row.

We can protect you before an immigration issue arises, and we can shield you from hefty consequences if you are currently facing an immigration problem. We are just a call away.

If you need help regarding your immigration status,  contact us online  or call  (336) 724-2828  today to schedule a consultation.

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Helen believes in providing caring, thoughtful and thorough representation for each and every person. In particular, Helen focuses on helping individuals navigate the maze of rules, procedures and processes created by the United States Citizenship and Immigration Services and those facing criminal charges or deportation.

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Political Asylum USA: Asylum Immigration Status in United States

Our multi-lingual Immigration experts are waiting for you to start your Asylum application. Or, visit your local site:

Common Questions About Asylum | Travel

One concern a lot of   people have when they apply for asylum in the United States — or once they receive asylum here — is if or how it affects their ability to travel to other countries. In this section, we will provide the answers to some of the most frequently asked questions about this issue.

Can I travel as an asylee?

If you are an asylee, your application for asylum in the United States has been approved. That also means you have certain rights, including the right to travel outside of the United States. However, there are certain rules you must follow in order to do so.

Specifically, you must get a special travel document called a Refugee Travel Document, which can be used instead of a U.S. Passport. This is important because if you fail to do so before you leave the United States, you may not be able to re-enter the country upon your return. Depending on your situation, you may even be placed in removal (deportation) proceedings.

You can apply for a Refugee Travel Document by filing Form I-131, Application for Travel Document, with United States Citizenship and Immigration Services (USCIS). The agency recommends that you do so at least 60 days (two months) prior to leaving the United States.

If you do not file for a Refugee Travel Document prior to leaving the United States, a USCIS office overseas may accept your application. However, a USCIS office in another country   is not legally obligated to do so, and may not accept your application if there is any evidence you could have filed while you were still in the United States. Finally, you may only pursue this option if you have been outside the United States for at least one (1) year.

You can use a Refugee Travel Document for up to one year.

Can I travel to my country with asylum?

Yes, you can — but it really isn’t a good idea and you should avoid doing so unless absolutely necessary.

This is because the U.S. government granted your asylum based on your claims of past persecution or fear of future persecution in your home country. If you ask to go back without providing a valid reason, or if you can’t explain how you were able to go there without being harmed, the U.S. government may simply conclude that your asylum claim was invalid. It may also terminate your asylum status in the United States.

Can I travel while my asylum application is pending?

Again, the answer to this question is technically, “yes.” You can travel outside of the United States while you are waiting for the government to make a decision about your request for asylum. However, most immigration experts advise against doing so unless it is absolutely necessary. This is because the authorities can question you and there is no guarantee you’ll be allowed to come back into the country upon your return.

If you must travel to another country while your asylum application is pending, you must apply for Advance Parole before you leave the United States. You can do so by completing Form I-131, Application for Travel Document. If your request is granted, you will be allowed to re-enter the United States prior to approval of your asylum application.

Immigration experts also advise against returning to the country where you claim that you were persecuted or have fear of being persecuted while your asylum application is pending. If you do so, the government will assume that you either abandoned your asylum application or submitted a fake one. If the government determines that you filed a fraudulent asylum application, you may never be allowed to set foot in the United States again.

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Refugees need to repay for flight to Canada after arriving, but it's not that easy

Finding work, english language training are barriers to paying off travel loans.

can refugees travel by plane

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A year after their plane touches down in Canada, refugees are required to start repaying their travel loans. But it can be a challenge for larger families. Many are struggling to find meaningful work, cover rising costs, learn a new language and find their place in a new country.

Samiullah Ashna arrived in Calgary with his wife and five children two years ago, fleeing violence and persecution in Afghanistan. 

It was a life-altering journey that took the 40-year-old father, his wife and their young kids — ages four, seven, nine, 11 and 13 — from Kabul to Islamabad and then on to Calgary.

can refugees travel by plane

Samiullah Ashna wants to pay his $19,400 travel loan, but he first needs to find a job

As government-assisted refugees, they were granted permanent residence status as soon as they arrived and were provided essential supports for up to 12 months. However, after a year, the federal benefits end and their travel loan payments start. 

The Immigration Loans Program provides refugees with access to funding to cover a number of expenses, including travel to Canada, establishment assistance and the fee for the right of permanent residence.

In Ashna's case, the total bill is $19,400.

"To be honest, it's like a huge amount for all newcomers," he said.

Ashna wants to pay back every penny — and he's already paid $2,200. 

A copy of a statement of account for Samiullah Ashna's travel loan.

Ashna says he's applied for roughly 100 jobs, and the search continues.

He says many fellow Afghans have settled for work in warehouses or driving for Uber or food delivery apps. He has also applied for those jobs but hasn't received any responses, let alone a job interview.

'People are struggling'

The director of resettlement and integration services with the Calgary Catholic Immigration Society (CCIS) says pressure from the cost of housing, utilities, food, clothing and other essentials is squeezing most everyone, including refugees.

CCIS provides support for all newcomers, including pre-arrival planning, airport greetings, housing, medical, employment and community integration services. 

"With the transportation loan, we have heard that some people are struggling to start paying back," said Bindu Narula, who is in charge of resettlement and integration for the society.

The benefits under the government's  Resettlement Assistance Program  can include a household startup allowance and monthly income support payments. When those benefits end after a year, families can transition to provincial income support programs if they haven't been able to find work.

Bindu Narula is sitting at her desk with her hands clasped together, resting on a piece of  paper.

Narula says her organization has helped people renegotiate the terms of their loans. She says the federal government is flexible when it comes to lowering payments or extending the amount of time that's needed to pay off the loan, and there is no interest on the loans.

Forgive the loans?

At the Centre for Newcomers, the president and CEO says most refugees are "itching" to work and want to take care of themselves and their families. But in some cases it can be difficult.

The centre is a resource for immigrants and refugees of all nationalities who are settling in Calgary. 

Centre president Anila Umar says some refugees face complex needs, including post-war trauma, disabilities and chronic illnesses. She says that in those cases, travel loan payments should be deferred or the loans forgiven altogether. 

"The majority of refugees aren't using the full one year [of government benefits,] they're actually working, they're actually doing things. So for the ones that aren't actually able to pay, they actually have real needs," Ulmar said.

In 2022, Canada resettled 47,600 refugees, the largest number in the world, according to the International Organization for Migration, a United Nations agency. The trend continued in 2023, with another 51,000 refugees, according to Canada Immigration, Refugees and Citizenship Canada (IRCC).

The chief executive officer of Immigrant Services Calgary, an agency that helps newcomers get established in Calgary by connecting people to various services and programs, doesn't believe the loans should be forgiven in specific cases, or for specific groups. Instead, Nawal Al-Busaidi would like to see adequate supports to establish refugees' independence.

"By giving them accessibility to good opportunities, to jobs that are paid equally and equitably, I don't believe that the loan should be forgiven. But if they are forgiven, they should be forgiven for everybody and not just one group and not the other," said Al-Busaidi.

David Matas, an immigration and refugee lawyer and author based in Winnipeg, says there should be more flexibility in easing the burden on private and government-sponsored refugees.

He says private groups can sponsor only so many refugees before it impacts the number of people allowed to settle here. And he says government-sponsored refugees who face ongoing resettlement challenges should be given options to repay the money.

"Not in every case, but in cases where the refugees really can't get off the ground, it might make sense … to allow for other sources of payment besides the refugees themselves," said Matas.

Deferred, not cancelled

In an email, IRCC was asked under what circumstances repayment can be extended or forgiven. 

"If repaying a loan is causing a person to experience financial hardship, an individual may have loan repayments deferred, vary the amount of the payments or extend the repayment period," said Mary Rose Sabater, a communications advisor with IRCC. 

To the end of March, she says, there were 43,227 outstanding loans. She says repayment terms for loans exceeding $4,800 allow up to eight years for repayment.

Wali Mohammad Dawari stands with five of his seven children in the living room of their Calgary home.

Wali Mohammad Dawari and his family were part of that surge of refugees who settled in Canada in 2022. His wife and seven children fled Afghanistan and arrived in Canada in March of that year.

His children range in age from two to 26, and three of his older children are working part-time while going to post-secondary school. Dawari works part-time with Immigrant Services Calgary. He says everyone pools their money together to support the family and slowly chip away at the $15,000 travel loan that he says he owes.

"When you have a number of people working together collectively, they will survive much better than those people that are single," he said.

Through his work, he sees the struggles that many refugees are still encountering — even two years after their arrival. One of the challenges has been the lengthy waitlist for English language training.

"There is not that much capacity to cover all newcomers at once," said Dawari.

"Most of the newcomers are waiting six, seven, eight months to get enrolled in one of the English classes."

Job hunt continues

That's one of the big challenges for Ashna, who is still looking for work, with the added pressure of covering all of his rising expenses. He rents a home for $2,800 per month, plus $500-$600 for utilities. His family is now receiving provincial income support to help cover the costs while his job search continues.

Back home, he worked at the British and Canadian embassies in various programs that help empower women. So far in Calgary, he's still waiting to find work and has been taking courses in business administration.

"To be honest, recently I am applying for every job, like warehouse job … delivery driver, because I haven't received one response from other organization — nothing," he said. 

Samiullah Ashna's five children are pictured in a Calgary park.

Ashna says many friends in the local Afghan community are professionals who have settled for low-paying, unskilled jobs, and it's been frustrating to get what he calls "Canadian experience."

"All of them are disappointed," he said.

"My message for the employment agency: please consider these people who came to Canada who are newcomer, they have lots of experience, they have good qualification." 

He says he has no regrets moving to Canada, which he calls a great country for immigrants. He just wants an opportunity to prove that he can contribute in a meaningful way and settle his outstanding debt.

Bryan Labby is an enterprise reporter with CBC Calgary. If you have a good story idea or tip, you can reach him at [email protected] or on Twitter at @CBCBryan.

ABOUT THE AUTHOR

can refugees travel by plane

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Frequently Asked Questions: Guidance for Travelers to Enter the U.S.

Updated Date: April 21, 2022

Since January 22, 2022, DHS has required non-U.S. individuals seeking to enter the United States via land ports of entry and ferry terminals at the U.S.-Mexico and U.S.-Canada borders to be fully vaccinated for COVID-19 and provide proof of vaccination upon request.  On April 21, 2022, DHS announced that it would extend these requirements. In determining whether and when to rescind this order, DHS anticipates that it will take account of whether the vaccination requirement for non-U.S. air travelers remains in place.

These requirements apply to non-U.S. individuals who are traveling for essential or non-essential reasons. They do not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals.

Effective November 8, 2021, new air travel requirements applied to many noncitizens who are visiting the United States temporarily. These travelers are also required to show proof of COVID-19 vaccination. All air travelers, including U.S. persons, must test negative for COVID-19 prior to departure. Limited exceptions apply. See  CDC guidance  for more details regarding air travel requirements.

Below is more information about what to know before you go, and answers to Frequently Asked Questions about cross-border travel.

Entering the U.S. Through a Land Port of Entry or Ferry Terminal

Q. what are the requirements for travelers entering the united states through land poes.

A:  Before embarking on a trip to the United States, non-U.S. travelers should be prepared for the following:

  • Possess proof of an approved COVID-19 vaccination as outlined on the  CDC  website.
  • During border inspection, verbally attest to their COVID-19 vaccination status. 
  • Bring a  Western Hemisphere Travel Initiative  compliant border crossing document, such as a valid passport (and visa if required), Trusted Traveler Program card, a Department of State-issued Border Crossing Card, Enhanced Driver’s License or Enhanced Tribal Card when entering the country. Travelers (including U.S. citizens) should be prepared to present the WHTI-compliant document and any other documents requested by the CBP officer.

 Q. What are the requirements to enter the United States for children under the age of 18 who can't be vaccinated?

A:  Children under 18 years of age are excepted from the vaccination requirement at land and ferry POEs.

Q: Which vaccines/combination of vaccines will be accepted?

A:  Per CDC guidelines, all Food and Drug Administration (FDA) approved and authorized vaccines, as well as all vaccines that have an Emergency Use Listing (EUL) from the World Health Organization (WHO), will be accepted.

Accepted Vaccines:

  • More details are available in CDC guidance  here .
  • 2 weeks (14 days) after your dose of an accepted single-dose COVID-19 vaccine;
  • 2 weeks (14 days) after your second dose of an accepted 2-dose series;
  • 2 weeks (14 days) after you received the full series of an accepted COVID-19 vaccine (not placebo) in a clinical trial;
  • 2 weeks (14 days) after you received 2 doses of any “mix-and-match” combination of accepted COVID-19 vaccines administered at least 17 days apart.

Q. Is the United States requiring travelers to have a booster dose to be considered fully vaccinated for border entry purposes?

A:  No. The CDC guidance for “full vaccination” can be found here.

Q: Do U.S. citizens or lawful permanent residents need proof of vaccination to return to the United States via land POEs and ferry terminals?

A:  No. Vaccination requirements do not apply to U.S. citizens, U.S. nationals, or Lawful Permanent Residents (LPRs). Travelers that exhibit signs or symptoms of illness will be referred to CDC for additional medical evaluation.

Q: Is pre- or at-arrival COVID testing required to enter the United States via land POEs or ferry terminals?

A: No, there is no COVID testing requirement to enter the United States via land POE or ferry terminals. In this respect, the requirement for entering by a land POE or ferry terminal differs from arrival via air, where there is a requirement to have a negative test result before departure.

Processing Changes Announced on January 22, 2022 

Q: new changes were recently announced. what changed on january 22.

A:  Since January 22, 2022, non-citizens who are not U.S. nationals or Lawful Permanent Residents have been required to be vaccinated against COVID-19 to enter the United States at land ports of entry and ferry terminals, whether for essential or nonessential purposes. Previously, DHS required that non-U.S. persons be vaccinated against COVID-19 to enter the United States for nonessential purposes.  Effective January 22, all non-U.S. individuals, to include essential travelers, must be prepared to attest to vaccination status and present proof of vaccination to a CBP officer upon request. DHS announced an extension of this policy on April 21, 2022.

Q: Who is affected by the changes announced on January 22?

A: This requirement does not apply to U.S. citizens, U.S. nationals, or U.S. Lawful Permanent Residents. It applies to other noncitizens, such as a citizen of Mexico, Canada, or any other country seeking to enter the United States through a land port of entry or ferry terminal.

Q: Do U.S. citizens need proof of vaccination to return to the United States via land port of entry or ferry terminals?

A: Vaccination requirements do not apply to U.S. Citizens, U.S. nationals or U.S. Lawful Permanent Residents. Travelers that exhibit signs or symptoms of illness will be referred to CDC for additional medical evaluation. 

Q: What is essential travel?

A:  Under the prior policy, there was an exception from temporary travel restrictions for “essential travel.” Essential travel included travel to attend educational institutions, travel to work in the United States, travel for emergency response and public health purposes, and travel for lawful cross-border trade (e.g., commercial truckers). Under current policy, there is no exception for essential travel.

Q: Will there be any exemptions? 

A: While most non-U.S. individuals seeking to enter the United States will need to be vaccinated, there is a narrow list of exemptions consistent with the Centers for Disease Control and Prevention (CDC) Order in the air travel context.

  • Certain categories of individuals on diplomatic or official foreign government travel as specified in the CDC Order
  • Children under 18 years of age;
  • Certain participants in certain COVID-19 vaccine trials as specified in the CDC Order;   
  • Individuals with medical contraindications to receiving a COVID-19 vaccine as specified in the CDC Order;
  • Individuals issued a humanitarian or emergency exception by the Secretary of Homeland Security;
  • Individuals with valid nonimmigrant visas (excluding B-1 [business] or B-2 [tourism] visas) who are citizens of a country with limited COVID-19 vaccine availability, as specified in the CDC Order
  • Members of the U.S. Armed Forces or their spouses or children (under 18 years of age) as specified in the CDC Order; and
  • Individuals whose entry would be in the U.S. national interest, as determined by the Secretary of Homeland Security.

Q: What documentation will be required to show vaccination status?

A:  Non-U.S. individuals are required to be prepared to attest to vaccination status and present proof of vaccination to a CBP officer upon request regardless of the purpose of travel.

The current documentation requirement remains the same and is available on the CDC website . Documentation requirements for entry at land ports of entry and ferry terminals mirror those for entry by air.

Q: What happens if someone doesn’t have proof of vaccine status?

A: If non-U.S. individuals cannot present proof of vaccination upon request, they will not be admitted into the United States and will either be subject to removal or be allowed to withdraw their application for entry.

Q: Will incoming travelers be required to present COVID-19 test results?

A: There is no COVID-19 testing requirement for travelers at land border ports of entry, including ferry terminals.

Q: What does this mean for those who can't be vaccinated, either due to age or other health considerations? 

A: See CDC guidance for additional information on this topic. Note that the vaccine requirement does not apply to children under 18 years of age.

Q: Does this requirement apply to amateur and professional athletes?

A: Yes, unless they qualify for one of the narrow CDC exemptions.

Q: Are commercial truckers required to be vaccinated?

A: Yes, unless they qualify for one of the narrow CDC exemptions. These requirements also apply to bus drivers as well as rail and ferry operators.

Q. Do you expect border wait times to increase?

A:  As travelers navigate these new travel requirements, wait times may increase. Travelers should account for the possibility of longer than normal wait times and lines at U.S. land border crossings when planning their trip and are kindly encouraged to exercise patience.

To help reduce wait times and long lines, travelers can take advantage of innovative technology, such as facial biometrics and the CBP OneTM mobile application, which serves as a single portal for individuals to access CBP mobile applications and services.

Q: How is Customs and Border Protection staffing the ports of entry? 

A: CBP’s current staffing levels at ports of entry throughout the United States are commensurate with pre-pandemic levels. CBP has continued to hire and train new employees throughout the pandemic. CBP expects some travelers to be non-compliant with the proof of vaccination requirements, which may at times lead to an increase in border wait times. Although trade and travel facilitation remain a priority, we cannot compromise national security, which is our primary mission. CBP Office of Field Operations will continue to dedicate its finite resources to the processing of arriving traffic with emphasis on trade facilitation to ensure economic recovery.

Q: What happens if a vaccinated individual is traveling with an unvaccinated individual?  

A:  The unvaccinated individual (if 18 or over) would not be eligible for admission.

Q: If I am traveling for an essential reason but am not vaccinated can I still enter?

A:  No, if you are a non-U.S. individual. The policy announced on January 22, 2022 applies to both essential and non-essential travel by non-U.S. individual travelers. Since January 22, DHS has required that all inbound non-U.S. individuals crossing U.S. land or ferry POEs – whether for essential or non-essential reasons – be fully vaccinated for COVID-19 and provide related proof of vaccination upon request.

Q: Are sea crew members on vessels required to have a COVID vaccine to disembark?

A:  Sea crew members traveling pursuant to a C-1 or D nonimmigrant visa are not excepted from COVID-19 vaccine requirements at the land border. This is a difference from the international air transportation context.

Entering the U.S. via Air Travel

Q: what are the covid vaccination requirements for air passengers to the united states  .

A:  According to CDC requirements [www.cdc.gov/coronavirus/2019-ncov/travelers/noncitizens-US-air-travel.html | Link no longer valid], most noncitizens who are visiting the United States temporarily must be fully vaccinated prior to boarding a flight to the United States. These travelers are required to show proof of vaccination. A list of covered individuals is available on the CDC website.  

Q: What are the COVID testing requirements for air passengers to the United States?  

A:  Effective Sunday, June 12 at 12:01 a.m. ET, CDC will no longer require pre-departure COVID-19 testing for U.S.-bound air travelers.

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  • Transportation Security
  • Airport Security
  • Coronavirus (COVID-19)
  • Customs and Border Protection (CBP)
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can refugees travel by plane

Can an illegal immigrant fly within the US

You are currently viewing Can an illegal immigrant fly within the US

  • Post author: Lluis Law
  • Post published: March 12, 2024
  • Post category: Immigration

In some cases, an illegal immigrant can fly within the US and travel in general. This is because there is no law that prevents it, but there are certain considerations to take into account. For example, if traveling within or outside the US.

But, how can I travel by plane when it is illegal in the USA? Although federal laws do not prohibit it, immigration status plays a key role in this. 

That said, we will answer various questions that we usually receive such as: “Can I travel by plane within the United States if I am undocumented but with a work permit” or “Can an illegal immigrant fly within the United States.”

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Can An Illegal Immigrant Fly Within The US In 2024

Although undocumented immigrants can travel within the United States without papers, they are required to have some form of identification. Every traveler boarding a flight must present a current identification issued by the state or federal government.

can illegal immigrants fly within the US

In the case of undocumented immigrants, they can use any of the forms of identification accepted by the Transportation Security Administration ( TSA ). 

Some of these documents may be a foreign passport or the Employment Authorization Document ( EAD ) issued by USCIS.

How Is It Possible That Undocumented Immigrants Can Fly Domestically In The United States? 

Despite this, traveling may prove to be more complicated. In fact, the new law that will go into effect in 2025 for travel within the United States imposes minimum standards on state licenses for domestic travel. 

According to this law, states that issue a Real ID must require the following:

  • Full legal name.
  • Social Security number.
  • Legal status.
  • Two proofs of address. 

In the event that you are unable to obtain a Real ID, you may still be able to fly with a foreign passport. But to do this, please contact our  immigration lawyers in Los Angeles .

What Happens If My Documents Have Expired?

Traveling with expired identification documents is not allowed in the United States. However, TSA currently accepts expired driver’s licenses and identification documents up to one year old.

Can Minors Fly Within The United States If They Are Illegal Immigrants?

Minors do not need any type of identification to travel within the US. However, for trips outside the country, they will need a passport.

Requirements To Travel By Plane Within The United States In 2024

Although an illegal immigrant can fly within the United States, they must present one of the following forms of identification:

  • State-issued enhanced driver’s license.
  • US or foreign passport.
  • Traveler card issued by the Department of Homeland Security ( DHS ). For example, NEXUS, SENTRI, FAST or Global Entry.
  • Veteran Health Identification Card (VHIC)
  • US Merchant Mariner Credential
  • HSPD-12 PIV card.
  • Canadian provincial driver’s license or Indian and Northern Affairs Canada card.
  • Identification of the United States Department of Defense.
  • Lawful permanent residence card.

how to get a green card

There are many ways to  obtain the Green Card , in our blog we reveal all the possible ways in which you could legalize yourself in the country. 

Can You Travel Without A Passport Within The United States?

American citizens do not need a passport to travel within the country, but will need to have one when traveling abroad.

Another question that we are asked very often in addition to whether an illegal immigrant can fly within the USA is:  Why wasn’t my passport stamped when entering the United States?

What Else Do I Need To Travel Within The United States?

Other than what was mentioned above, you will need certain identification papers to travel by air, land or sea within the US:

To fly within the US, illegal immigrants can use documents such as:

  • State driver’s license, or
  • Foreign passport. 

However, starting in 2025, only REAL ID format documents will be accepted. As a result, it is necessary to demonstrate lawful presence in the country. 

Otherwise, the only option will be to travel with a foreign passport. For international travel, only the use of a passport will be permitted.

what happens if you overstay your us visa

What happens if you overstay your visa?  Find out the consequences of unlawful presence in the US .

Travelling By Sea

For sea travel within the country, documentation varies depending on the transport company. For example, when taking a ferry from New York to Connecticut, it is recommended to check with the company to find out the required documents. 

For international travel, such as on a ferry from California to Baja California, Mexico, a passport is required.

Ground Transportation

Ground travel between cities in the United States also varies by transportation company. Therefore, it is advisable to contact the company in advance to find out the necessary documents. 

On public transport within a city, identification is not required. But, when taking a bus or train crossing the border into Mexico or Canada, a passport will be required.

Can I Re-Enter The United States Without Papers If I Left The Country?

Staying illegally in the United States, whether due to irregular entry or visa extension, may result in a re-entry ban. The duration of this depends on the length of the unlawful presence:

  • Less than 180 days:  There is no automatic ban, but entry may be denied.
  • Between 180 days and one year:  You may be banned from re-entry for three years.
  • More than one year:  You could face a re-entry ban of up to ten years.

If you have been bared or are inadmissible to the US, you may be eligible for a  type of immigration waiver .

Can I Travel Outside The United States If I Have A Pending Immigration Case?

If you are involved in an immigration process and plan to leave the country, you will need the appropriate documents to return. These can be advance travel permission ( advance parole ) or re-entry permission.

Such requirements are applicable to applicants and/or beneficiaries of:

  • Adjustment of status , 
  • Green card, 

If you are looking for immigration relief or want to legalize your status in the country, call us. Our professionals at Lluis Law will help you with these processes.

What Happens If you are arrested or detained by immigration?

If you are stopped by immigration officials, you are not required to answer their questions beyond identifying yourself. 

Not knowing that you are undocumented and not having an arrest warrant, you will likely be released. Revealing your immigration status may result in your detention, so you have the right to remain silent. 

Immigration and Customs Enforcement ( ICE ) can be scary, especially if you are undocumented. However, in our blog we have explained your options if ICE agents show up at your door  or the consequences of   illegal reentry after deportation . 

Traveling While Having A Deportation Order 

immigrants travelling the usa without papers

If you are in removal proceedings, you may still be able to travel. But to do this, you must present:

  • The notice of appearance (Form I-862), and
  • Some identification document.

If you have the notice to appear, it means that you have already been interviewed by immigration and they have initiated the procedures to deport you. 

Even so, if you find yourself in this scenario, our  immigration lawyers are specialists in deportations , so they will be able to fight your removal proceedings. 

Immigration Status And Eligibility To Fly Within The United States

Normally, an individual cannot fly illegally within the United States, that is, without identification documentation. Although they can do it without having a Green Card.

Therefore, an individual’s immigration status plays a vital role when traveling through the country. What’s more, each of these affects the ability to fly, whether they are:

Lawful Permanent Residents

Lawful permanent residents have the right to travel freely throughout the country. Therefore, they have no restrictions and do not require additional documentation beyond their Green Card.

In fact, Green Card holders have the same privileges as  American citizens  . 

If you are about to apply for citizenship, remember that there are  criminal bars to citizenship . 

Undocumented Immigrants

Undocumented immigrants face a variety of challenges. This occurs because airlines require passengers to provide some form of government-issued identification.

As if that were not enough, airports have rigorous security controls where they verify the identification of passengers. 

DACA Recipients

Although DACA recipients have some flexibility when traveling, they must stay up to date on any changes in immigration policies or regulations.

Such flexibility is because these foreigners receive work permits and a Social Security Number (SSN). 

Holders Of Temporary American Visas

Foreigners with  F-1 US student visas ,  tourist visas  , or the  B-1 business visa  will generally be able to travel within the United States. However, they must ensure to:

  • Keep all their travel documents with them.
  • Review  Form I-94  , arrival/departure, and
  • Know the remaining validity period of your current visa. That is, if it will be in force throughout the trip. 

Remember that if a visa is about to expire or has already expired, it can cause complications when traveling in the US. 

Note : Some foreigners may be eligible to process an  ESTA authorization to travel to the United States . Thanks to this, a visa will not be necessary. 

How To Prepare To Travel Within The United States Without Papers? 

Now that you know that an illegal immigrant can fly within the USA, it is time for you to know how to prepare for it. This will depend on how you will travel around the country:

Domestic Flight

  • Make sure you have your identification properly prepared.  When booking your flight, verify that the name on the ticket exactly matches your ID.
  • Ensure the integrity of your electronic devices.  Although government authorities may ask for your phone number, you are not required to reveal your password. 
  • Create a security protocol.  If you are detained, designate at least two individuals who have access to all your essential documents. For example, the contact of your lawyer, family, friends and others. 

Note : In the US, a domestic flight is when it is made exclusively within the country, without international stops. In other words, it is a simple flight through the American states. 

us transit visa

Foreigners intending to stopover in the US may need a US transit visa . 

When Traveling By Land

  • Make sure your DACA permit or any authorization to leave the country is valid for the entire duration of your stay abroad. It is important to prevent it from expiring and always return to the US before your travel period ends.
  • Carry USCIS documents proving your immigration status to facilitate your return.
  • Confirm that there are no stopovers outside the US. Avoid unplanned landings that could complicate your return, such as stops due to bad weather or emergencies. This also applies when travelling by sea.

What To Keep In Mind When Traveling By Land Without Papers In The US?

If you are undocumented and planning to travel by land in the United States keep in mind the following guidelines:

For Public Buses And Trains

There have been cases where Border Patrol (USBP) agents have carried out immigration checks on buses and trains without court orders. Although the United States Customs and Border Protection ( CBP ) prohibits these actions, it is always advisable to know your rights to:

  • Remain silent.
  • Refuse searches of belongings.
  • Present valid immigration documents.
  • Record videos of immigration agents.
  • Request the name and number of immigration officials.

For Other Ground Transport

Some foreigners may be eligible to drive legally and apply for a driver’s license in certain states. To do this, we advise checking with your state’s Department of Motor Vehicles ( DMV ) to confirm your eligibility.

If you are stopped by police or immigration authorities while driving:

  • Stop the vehicle, turn it off, turn on the interior light, partially open the window and place your hands on the steering wheel.
  • Show your driver’s license, registration and proof of insurance when asked by police.
  • You may refuse to allow the search of your vehicle if requested by an immigration officer or agent. However, if the police believe there is evidence of a crime, they can proceed without your consent.
  • Both drivers and passengers can remain silent. If you are a passenger, ask if you can leave; If so, do it quietly.

Can The Police Ask Me About My Immigration Status?

Yes, but you can remain silent, under the  Fifth Amendment  of the Constitution. It is important to note that you should not lie about your immigration status or provide false documents.

Recommendations for an illegal immigrant planning to fly Within The United States

travel without papers within the united states

Arrive Early At The Airport

When traveling to the USA, it is advisable to arrive at the airport well in advance due to possible delays with immigration. 

Arriving early helps avoid last-minute stress, ensuring a more enjoyable travel experience.

Bring The correct Documentation

When traveling by air within the United States as an immigrant, it is essential to carry all necessary documentation with you. For example, a valid passport with its respective  American visa .

It is recommended to carry copies of the documents as a precaution against loss. Also, bring additional documents, such as letters of employment or sponsorship. 

Know Your Rights

In addition to the rights you have when facing immigration in the US, you will also have them at the airport. This includes your right to privacy and personal belongings.

If you think your rights have been violated, please do not hesitate to contact our firm. Our attorneys will represent you.

This publication is aimed at informing about whether an undocumented person can travel by plane within the United States. However, this information is general, so it is recommended to consult your specific scenario with our immigration lawyers.

Frequently Asked Questions On An Illegal Immigrant Options To Fly Within The US

As a general rule, it is not possible to travel in or out of the United States with an expired passport or any other expired identification document. 

Yes, it is possible to travel through the United States with a Mexican passport, as long as the passport has not expired. 

Aircraft pilots have the right to refuse to fly with a passenger if they consider that passenger to be a threat to the safety of the flight. 

If you have a valid work permit, you can generally travel safely through all states in the country. However, it is important to always carry all possible identification documents with you. 

Lawyers In Los Angeles To Fix Papers In The United States

Although it is possible to even change your status from a visitor visa to a Green Card , it is a complex and stressful process. For these cases, an immigration lawyer can attend to his legal needs. 

Now that you know that you can travel within the United States without papers, you are much more informed to face this situation. 

In addition, you have the expertise of our lawyers from Lluis Law with more than 50 years of combined experience in immigration matters.

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Small boats filled with people on the ocean

By boat or by plane? If you’re seeking asylum in Australia, the outcome is similarly bleak

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Associate Professor, Law School, La Trobe University

Disclosure statement

Savitri Taylor has received funding from the Australian Research Council in the past. She is a member of the Committee of Management of Refugee Legal and a member of the Kim for Canberra party. Views expressed in this article are her own and not attributable to any organisations with she is associated.

La Trobe University provides funding as a member of The Conversation AU.

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Last week, 39 foreign nationals arrived in a remote part of Western Australia by boat. This revived dormant debates about border security.

People without visas come to Australia by air and sea, though we only ever seem to hear about the latter. Unlike unauthorised air arrivals, unauthorised maritime arrivals (people without visas that arrive by boat without permission) are given high media visibility. This feeds a narrative that the country has lost control of its borders, which in turn creates a political problem for the government of the day.

But behind the headlines, what actually happens when people arrive in Australia without permission, whether by boat or by plane?

Read more: Boat arrivals sent to Nauru, and Sovereign Borders commander warns against politicising the issue

What is Australia obligated to do?

Anyone who’s not an Australian citizen is required to have authorisation in the form of a visa to enter and remain in the country.

What Australia can do to deal with unauthorised arrivals is limited by its international treaty obligations. The United Nations Refugee Convention and Protocol oblige Australia to refrain from sending “refugees” (as defined in those treaties) to places where they will face a real chance of persecution.

Under other treaties to which it is a party, Australia is also obliged to refrain from sending anyone, not just refugees, to places where they will face a real risk of certain serious human rights violations.

These treaty obligations are referred to as “non-refoulement” or protection obligations. People who claim the benefit of such protection obligations are called asylum seekers.

What happens to asylum seekers when they arrive?

The processes for people arriving by boat or plane have similarities, but are slightly different.

Australian policy is for unauthorised air arrivals to be given a screening interview to ascertain whether they could be entitled to Australia’s protection under international law. If not, they are returned to their most recent country of departure. Those who are found to have a possible case are given access to the protection visa application process.

The protection visa is Australia’s main domestic mechanism for implementing its international protection obligations. People who initially entered Australia on a valid visa can also apply for a protection visa. Most applicants fall into this group.

Read more: Who counts as a refugee? Four questions to understand current migration debates

Australia imposes penalties on airlines that bring non-citizens without valid visas here. It also posts its officials at overseas airports to help airlines identify people without visas so they can be refused boarding. As a result, there are very few unauthorised air arrivals to Australia.

Like people who come by plane, unauthorised maritime arrivals go through a screening process.

Those who are deemed not to be asylum seekers are returned to their most recent country of departure. This is usually, but not always, Indonesia.

Unless the responsible minister grants an exemption, unauthorised maritime arrivals who are found to have a possible asylum claim must be transferred to a regional processing country to have their asylum claims determined there.

How has regional processing worked?

Regional processing has a complicated history.

In late 2001, the Coalition government under John Howard entered arrangements with Nauru and Papua New Guinea (PNG) to take unauthorised maritime arrivals to those countries to process their asylum claims. Those arrangements were ended by Labor shortly after it won government in November 2007.

However, a resurgence of unauthorised maritime arrivals led the Gillard Labor government to enter a new set of arrangements with Nauru and PNG in late 2012. These allowed Australia to transfer unauthorised maritime arrivals to processing centres in those countries to have their asylum claims considered by their governments.

A row of men with blurred out faces stand behind a wire fence

The 2012 arrangements left open the possibility that transferees who were found to be refugees might be resettled in Australia. However, when boats kept arriving, the Rudd Labor government decided to get even tougher. In 2013, it announced future unauthorised maritime arrivals would never be resettled in Australia.

After its election in September 2013, the Coalition government implemented Operation Sovereign Borders, which has been continued by the current Labor government. Many activities come under the Operation Sovereign Borders banner, including the interception of unauthorised maritime arrivals at sea by the Australian navy. Regional processing is now also characterised as being part of the program.

The regional processing arrangement with PNG ceased at the end of 2021. As of November 16 2023, there were still 64 transferees remaining in PNG. However, the Australian government’s position is that responsibility for these people lies entirely with PNG and not with Australia.

Nauru is still a regional processing country but under a new agreement. At the time it was signed in late 2021, there hadn’t been any transfers for years. However, it was considered important to maintain an “enduring regional processing capacity” on Nauru as a deterrent to people smugglers.

As previously, the Nauruan government is responsible for processing the asylum claims of transferees and managing them until they depart Nauru or are permanently settled there. However, Australia has contracted and is paying the processing centre’s service providers.

An aerial view of a  series of rectangular buildings

On June 25 2023, it was reported there were no transferees remaining in Nauru. This did not mean that a durable solution had been found for everyone who had been transferred to Nauru up until that time. While some people had been resettled in third countries, others had simply been brought to Australia with the legal status of “transitory persons”. This status prevents them from applying for a visa to remain in Australia unless granted ministerial permission to do so.

Australia’s options for resettling this cohort are limited. It has at its disposal the remainder of 1,250 refugee places promised by the United States in November 2016 and 450 refugee places over three years promised by New Zealand in 2022. Even if all these places are used, hundreds of people will remain in limbo.

What happens to last week’s arrivals?

Since Operation Sovereign Borders began, boats have either been intercepted at sea or have managed to make landfall in Australia every year except 2021.

However, between the start of Operation Sovereign Borders and the end of August 2023, only two out of the 1,123 boat passengers involved to that point had ever been accepted for regional processing. Both cases were in 2014.

This statistic raised serious concerns about the reliability of the screening process as the people screened included many from known refugee producing countries.

Given this history, it was a little surprising when the Australian government transferred 11 unauthorised maritime arrivals to Nauru in September 2023. A further 12 were transferred to Nauru in November 2023 . The 39 people found in Western Australia have just been transferred there too.

Read more: Aus-NZ refugee deal is a bandage on a failed policy. It's time to end offshore processing

It seems the screening process has been abandoned or has been vastly improved. While the most reliable way for Australia to meet its international protection obligations would be to give all unauthorised maritime arrivals access to its protection visa application process, giving them all access to regional processing is certainly better than sending them back to their country of departure.

However, resettlement in Nauru of those found to be refugees is not realistic. The country, which has a population of approximately 13,000 people, is only 2,200 hectares in land area. To put this in context, Melbourne airport is larger than Nauru.

There is no reason to believe it will be any easier to find third country resettlement for transferees in the future than it has been up to now. For most, the only way out of limbo will be to return home, as eight of those transferred to Nauru in September have already done . Regional processing continues to be a policy failure for which vulnerable people will pay the price.

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UN refugee chief says 114 million have fled homes because nations fail to tackle causes of conflict

FILE - United Nations High Commissioner for Refugees (UNHCR) chief Filippo Grandi speaks to The Associated Press in Nairobi, Kenya on Feb. 5, 2024. The number of people fleeing their homes because of war, violence and persecution has reached 114 million and is heading higher because of the failure of the world’s nations to tackle the causes and get combatants to comply with international law, the U.N. refugee chief said Thursday, May 30, 2024. (AP Photo/Brian Inganga, File)

FILE - United Nations High Commissioner for Refugees (UNHCR) chief Filippo Grandi speaks to The Associated Press in Nairobi, Kenya on Feb. 5, 2024. The number of people fleeing their homes because of war, violence and persecution has reached 114 million and is heading higher because of the failure of the world’s nations to tackle the causes and get combatants to comply with international law, the U.N. refugee chief said Thursday, May 30, 2024. (AP Photo/Brian Inganga, File)

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UNITED NATIONS (AP) — The number of people fleeing their homes because of war, violence and persecution has reached 114 million and is climbing because nations have failed to tackle the causes and combatants are refusing to comply with international law, the U.N. refugee chief said Thursday.

In a hard-hitting speech, Filippo Grandi criticized the U.N. Security Council, which is charged with maintaining international peace and security, for failing to use its voice to try to resolve conflicts from Gaza , Ukraine and Sudan to Congo, Myanmar and many other places.

He also accused unnamed countries of making “short-sighted foreign policy decisions, often founded on double standards, with lip service paid to compliance with the law, but little muscle flexed from the council to actually uphold it and — with it — peace and security.”

Grandi said non-compliance with international humanitarian law means that “parties to conflicts — increasingly everywhere, almost all of them — have stopped respecting the laws of war,” though some pretend to do so.

The result is more civilian deaths, sexual violence is used as a weapons of war, hospitals, schools and other civilian infrastructure are attacked and destroyed, and humanitarian workers become targets, he said.

Palestinians fleeing from the southern Gaza city of Rafah during an Israeli ground and air offensive in the city on Tuesday, May 28, 2024. (AP Photo/Jehad Alshrafi)

Calling himself a frustrated humanitarian and looking directly at the 15 council members, Grandi said that instead of using its voice, “the council’s cacophony has meant that you have instead continued to preside over a broader cacophony of chaos around the world.”

The high commissioner for refugees told the council it’s too late for the tens of thousands who have been killed in Gaza, Ukraine, Sudan and other conflicts.

“But it is not too late to put your focus and energy on the crises and conflicts that remain unresolved, so that they are not allowed to fester and explode again,” Grandi said. “It is not too late to step up help for the millions who have been forcibly displaced to return home voluntarily, in safety and with dignity.”

It’s also not too late to save millions of people from the scourge of war, the refugee chief said.

But the Security Council is increasingly polarized, and its five veto-wielding permanent members are at odds, with the U.S., Britain and France often strongly opposed to the views of Russia and China.

On the Gaza war, the council has not called for a cease-fire because of opposition from the United States, Israel’s closest ally. And on Ukraine, the council has been ineffective as Russia, a key party to the conflict after Moscow invaded its smaller neighbor in February 2022, would veto almost any resolution.

Grandi called what’s happened in Gaza since Hamas’ surprise attack on Oct. 7 and the “atrocious” recent events in the southern city of Rafah after an Israeli airstrike led to a deadly fire at a camp for displaced Palestinians an example of the “brutal conduct of hostilities meant not only to destroy but also to terrify civilians,” who increasingly more often have no choice but to flee.

He said Gaza is also “a tragic reminder of what happens when conflicts (and by extension a refugee crisis) are left unattended” for decades. He also pointed to Syria where after 13 years of conflict , 5.6 million Syrian refugees remain in neighboring countries including Lebanon and Jordan which also host Palestinian refugees.

Grandi said violations of international law, including forcing people to flee, are having a devastating effect on people around the world.

For example, in Myanmar , more than 1.5 million people have been displaced by fighting since October, bringing the total to over 3 million, “with many trying to seek refuge in neighboring countries,” he said.

In Ukraine , international humanitarian law is violated every day with Russian attacks on the country’s power networks, houses and other civilian infrastructure, he said.

And in Congo, Grandi said, “violence between men with guns is so common that no other place on Earth is as dangerous for women and children than the east of that country.”

“But how can members of the United Nations, how can `we the peoples’ pay so little attention and have so much inaction in a place where sex with a child can be bought for less than a cold drink?” the refugee chief asked.

“What a shameful stain on humanity!” Grandi said.

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Global Entry Mobile App Now Available in More Airports

WASHINGTON – U.S. Customs and Border Protection (CBP) announced today that the Global Entry mobile application can now be used at eight additional airports, enabling more trusted travelers to complete their arrival processing on the plane instead of waiting in line to use a portal.  

“CBP has prioritized Global Entry arrival to enhance the speed, accuracy, and security of the arrival process for trusted travelers,” said CBP’s Senior Official Performing the Duties of the Commissioner Troy A. Miller. “CBP officers are often the first to welcome trusted travelers when they arrive home, and we want to continue to find ways to improve that experience through new technologies and innovations while maintaining the highest levels of security.”  

Travelers may now use the app at Austin–Bergstrom International Airport, Nashville International Airport, Houston International, Kansas City International Airport, Louis Armstrong New Orleans International Airport, San Antonio International Airport, St. Louis Lambert International Airport, and Toledo Express Airport. The app will be available to Trusted Traveler Programs members flying into all 77 U.S. international airports by the end of fiscal year 2024. A list of U.S. airports that currently accept the GE mobile app can be found here . 

The Global Entry app is available to be downloaded from the Google Play Store or Apple App Store, and can currently be used at 53 international ports of entry in the United States and all Preclearance locations. Upon landing at any of these airports, Global Entry members can complete their entry processing before leaving the plane, and then bypass the Global Entry portals to speak with a CBP officer.  

Global Entry is one of the Department of Homeland Security’s Trusted Traveler Programs , and is used at land, air, and seaports of entry into the United States at all major airports and all Preclearance airports. All applicants undergo rigorous and recurring background checks and an in-person interview before initial enrollment. To maintain Global Entry members as low-risk travelers, any violation of the program’s terms and conditions will result in appropriate enforcement action and termination of the traveler’s membership privileges. More information on Global Entry and CBP’s Trusted Traveler Programs is available here .   

U.S. Customs and Border Protection (CBP) is America's frontline: the nation's largest law enforcement organization and the world's first unified border management agency. The 65,000+ men and women of CBP protect America on the ground, in the air, and on the seas. We facilitate safe, lawful travel and trade and ensure our country's economic prosperity. We enhance the nation's security through innovation, intelligence, collaboration, and trust.

You asked: Can I fly with weed gummies?

A medical marijuana patient asks our travel advice columnist about bringing edibles to the airport.

can refugees travel by plane

Traveling has always come with complications. Our By The Way Concierge column will take your travel dilemmas to the experts to help you navigate the new normal. Want to see your question answered? Submit it here .

My husband and I carry THC edibles for chronic pain in our knees and back (all military related). Can I bring my medication in a gummy form to the airport and not be arrested for possession? — Anonymous

Even if your weed gummies are legal in your state, they’re technically illegal to bring on a plane . Does that mean you’d get arrested at the airport for having them in your luggage? Probably not.

Air travel in the United States falls under federal jurisdiction, so airports and airplanes follow federal marijuana law. According to that law, having any marijuana products (gummies, mints, tinctures, etc.) that contain more than 0.3 percent THC on a dry weight basis is illegal, so you can’t fly with any.

“Even if it’s for medical purposes, it’s still federally illegal,” said John McGowan, a managing partner at Kinner & McGowan , a cannabis law firm in Washington, D.C.

Anything less than 0.3 percent THC is considered hemp, so on the off chance that your weed gummies are really more like CBD gummies with an extremely low dose of THC, you’d be allowed to pack them to fly.

However, airport security isn’t designed to hunt down your weed gummies.

According to Transportation Security Administration spokesperson Lisa Farbstein, TSA officers are trained to detect potential threats to aviation; they don’t look for illegal drugs.

If a TSA officer happens to come across some in the screening process, they may confiscate it, ask the traveler to throw it away in a cannabis amnesty box or refer the matter to law enforcement officers. The risk of the last is higher if the officer discovers large amounts of marijuana, you’re in a state where weed is illegal, or the weed discovery is “coupled with something else,” McGowan said.

For example, law enforcement may be called because you had cannabis and a large amount of cash, or cannabis and a bunch of bullets in your bag.

Mikhail Kogan, author of the book “ Medical Marijuana ” and medical director of the GW Center for Integrative Medicine, says he’s had a few patients tell him they’ve been stopped for their medical marijuana products at the airport, but not because of their THC content. Instead, they were flagged because they were in liquid form in a size that exceeded TSA’s carry-on liquids limit. Kogan has yet to have a patient stopped for carrying weed gummies.

International travel is a different story. Kogan says your risks go up exponentially if you try to take cannabis overseas. “We know how that will turn out for you,” he said, referring to the case of American basketball player Brittney Griner, who was caught traveling to Russia with small amounts of cannabis oil and imprisoned for more than nine months .

In the rare case that you were arrested for having some edibles at a U.S. airport, “as a practical matter, prosecutors have far more important things to do than prosecute people for carrying gummies onto planes,” Washington aviation attorney Mark Lindquist said in an email. “These cases are generally not pursued.”

He continued: “That said, while you’re highly unlikely to be arrested and prosecuted for gummies, bringing an illegal substance onto a plane could still turn into a serious hassle and bummer.”

That could all change if the United States reclassifies marijuana as a lower-risk drug, as Attorney General Merrick Garland has recently recommended . The move would mean cannabis would be treated more like a prescription drug like codeine, Kogan said. But he doesn’t expect reclassification to happen anytime soon.

“Your guess is as good as mine,” he said.

In the meantime, your gummies are forbidden on planes. So is being really high at the airport — so don’t overdo it on a last-minute dose before your trip.

“It should be noted that under Section 121.575 of the Federal Aviation Regulations, the airline should not allow a person to board ‘if that person appears intoxicated,’” Lindquist said. “Usually this means drunk, but it also means stoned.”

Have a travel dilemma for By The Way Concierge? Send it to us here .

More travel tips

Vacation planning: Start with a strategy to maximize days off by taking PTO around holidays. Experts recommend taking multiple short trips for peak happiness . Want to take an ambitious trip? Here are 12 destinations to try this year — without crowds.

Cheap flights: Follow our best advice for scoring low airfare , including setting flight price alerts and subscribing to deal newsletters. If you’re set on an expensive getaway, here’s a plan to save up without straining your credit limit.

Airport chaos: We’ve got advice for every scenario , from canceled flights to lost luggage . Stuck at the rental car counter? These tips can speed up the process. And following these 52 rules of flying should make the experience better for everyone.

Expert advice: Our By The Way Concierge solves readers’ dilemmas , including whether it’s okay to ditch a partner at security, or what happens if you get caught flying with weed . Submit your question here . Or you could look to the gurus: Lonely Planet and Rick Steves .

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Travel Documents

If you wish to return to the United States lawfully after traveling outside the United States, you generally must have a:

  • Valid entry document, such as a Permanent Resident Card (Green Card) or nonimmigrant visa; or
  • Valid and unexpired travel document.

The type of document you need varies depending on your immigration status (including lawful permanent resident status) or if you have a pending immigration benefit request.

You generally need to apply for and obtain a travel document before you leave the United States. Before planning travel, please consider USCIS processing times . If you have an urgent need to travel outside the United States, see our Expedite Request and  Emergency Travel  pages for additional information.

File  Form I-131, Application for Travel Document , to request travel documents, including:

  • Advance parole document for noncitizens in the United States seeking to return after temporary travel abroad (including advance permission to travel for Commonwealth of the Northern Mariana Islands (CNMI) long-term residents);
  • Refugee travel document;
  • Reentry permit; or
  • Temporary Protected Status travel authorization.

If you are already outside the United States and need to return, but do not have your reentry permit, Green Card, advance parole document, or Temporary Protected Status travel authorization document because it was lost, stolen, or destroyed, see Form I-131A, Application for Carrier Documentation.

NOTE:  If you file Form I-131, Application for Travel Document, to request an advance parole document to authorize your return to the United States after temporary travel abroad and  you depart the United States before we issue your advance parole document, we will consider your Form I-131 application abandoned unless you were previously issued an advance parole document that remains valid for the entire time you are outside the United States.

Travel outside of the United States may have severe immigration-related consequences.

Admission or parole into the United States is not guaranteed even if you have the appropriate documents. You are still subject to immigration inspection or examination at a port of entry to determine whether you may be admitted or paroled into the country and whether you are eligible for the immigration status you seek.

Additional cautions for people in certain circumstances are summarized below.

If you are a nonimmigrant

If you have been admitted as a nonimmigrant and have filed Form I-539, Application to Extend/Change Nonimmigrant Status , to change to a different nonimmigrant status, we generally will consider your Form I-539 abandoned if you leave the United States before we make a decision on your application, though there are some exceptions.  Having an advance parole document does not prevent abandonment of the change of status application. When you return to the United States, you are likely to be denied admission if your current status has expired.

If you have a pending Green Card application

In general, if you are applying for adjustment of status (a Green Card) and leave the United States without the appropriate travel documentation (for example, an advance parole document), you may not be allowed to reenter the United States when you return. Even if you are allowed to reenter, you may be found to have abandoned your pending application for adjustment of status.

If you have unlawful presence or a removal order

If you have accrued unlawful presence while in the United States or have a removal order, then you may be found inadmissible if you seek admission after a departure from the United States, even if you have a travel document.  We follow the Board of Immigration Appeals decision in Matter of Arrabally and Yerrabelly , which held that travel on advance parole does not constitute a “departure” for purposes of triggering the 10-year unlawful presence bar under Immigration and Nationality Act (INA) § 212(a)(9)(B)(i)(II) for applicants for adjustment of status. We also apply this analysis to INA § 212(a)(9)(B)(i)(I) and to individuals with TPS who travel on TPS travel authorization.  For more information, please see  Section 212(a)(9) of the Immigration and Nationality Act (INA) and the Unlawful Presence and Inadmissibility page. 

Advance parole allows you to travel back to the United States without applying for a visa. A transportation company (airlines) can accept an advance parole document instead of a visa as proof that you are authorized to travel to the United States. An advance parole document does not replace your passport.

Please note that having an advance parole document does not guarantee that you will be allowed to reenter the United States. At the airport or border, a U.S. Customs and Border Protection (CBP) officer will make the final decision about whether to allow you to reenter the United States.

Advance parole is most commonly used when someone has a pending:

  • Form I-485, Application to Register Permanent Residence or to Adjust Status : If you depart the U.S. while your Form I-485 is pending without first obtaining advance parole, USCIS will deny your case unless you fit into a narrow exception for people with certain nonimmigrant statuses.
  • Form I-589, Application for Asylum and for Withholding of Removal : If you are an asylum applicant and you intend to travel outside the United States and return, you must apply for and receive advance parole. If you leave the United States without first obtaining advance parole, we will assume that you have abandoned your asylum application.

For information on how to apply for advance parole, go to our Form I-131, Application for Travel Document page.

USCIS issues refugee travel documents to people with refugee or asylum status and to lawful permanent residents who obtained their Green Cards based on their refugee or asylee status.

You must have a refugee travel document to return to the United States if you:

  • Have refugee or asylee status but are not a lawful permanent resident (Green Card holder); or
  • Are a derivative asylee or refugee.

If you do not obtain a refugee travel document before you leave the U.S., you may be unable to re-enter the United States or you may be placed in removal proceedings before an immigration judge.

For information on how to apply for a refugee travel document, go to our Form I-131, Application for Travel Document page.

Permanent or conditional residents should apply for a re-entry permit if they will be outside the United States for one year or more. While it is valid, a re-entry permit allows you to apply for admission to the U.S. without having to obtain a returning resident visa from a U.S. Embassy or Consulate. Go to our Form I-131, Application for Travel Document page for information on how to apply.

Travel authorization for Temporary Protected Status (TPS) beneficiaries allows you to travel back to the United States and, if you are eligible, be inspected and admitted into TPS. A transportation company (such as an airline) can accept a TPS travel authorization document instead of a visa as proof that you are authorized to travel to the United States. A TPS travel authorization document does not replace your passport.

Please note that having a TPS travel authorization document does not guarantee that you will be allowed to reenter the United States. At the airport or border, a U.S. Customs and Border Protection (CBP) officer will make the final decision about whether to allow you to reenter the United States.

If we are still adjudicating your application for TPS and you wish to travel outside the United States, you may request advance parole.

For information on how to apply for TPS travel authorization, go to our Form I-131, Application for Travel Document , page.

Carrier documentation allows an airline or other transportation carrier to board permanent residents who have temporarily been outside the United States and whose Green Card or re-entry permit has been lost, stolen or destroyed. If you are a permanent resident in this situation, you may need to file a Form I-131A. Go to the Form I-131A, Application for Travel Document (Carrier Documentation) for more information.

What the new FAA funding legislation says about airplane seat sizes | Cruising Altitude

can refugees travel by plane

The new Federal Aviation Administration authorization has a lot of wonky stuff, but some interesting nuggets have fallen through the cracks.

The high-profile changes, of course, include things like much-needed additional funding for air traffic control staffing and codifying passenger compensation rules into law. One thing that hasn’t gotten as much attention, though, is the new push to get the FAA to regulate seat sizes .

Let’s back up for a second.

The last long-term FAA funding bill passed in 2018 required the agency to study evacuation standards and how seemingly ever-densifying airplane cabins affect the ability of people to get off the plane safely in an emergency. Regulations stipulate that all passengers should be able to evacuate any airplane in 90 seconds or less with only half the emergency exits available. 

Airlines and airplane manufacturers have mostly addressed this requirement through computer models in recent years, rather than live evacuation testing, but the previous law required a new live demonstration.

Members of Congress were not satisfied with how that played out .

Rep. Steve Cohen, D-Tenn., told me the last tests, which didn’t include any senior citizens, minors, or disabled participants, weren’t really representative of the traveling public.

“If you want to find out what is the ability to get off an airplane, you’ve got to have a valid sample,” he said in an interview.

So Cohen and other members of Congress pushed to get more robust testing provisions in the new FAA legislation, and Cohen said he’s optimistic it will get done properly this time around.

“It’s a much better bill for us than last time,” he told me. “It specifically says the testing has to be more practical.”

What is the minimum airplane seat size?

There’s no minimum standard for economy seats on airplanes (or seats in any other class, for that matter) in the U.S., and members of Congress say they suspect that could impede safety.

Economy airplane seats can be as close together as 28 inches on some airlines, and barely more than 16 inches wide in some configurations. The 28-inch dimension measures pitch, or the distance from a point on one seat to the same point on the seat in the row ahead. The width of airplane seats is typically defined as the distance between a seat’s armrests.

Tight airplane seats can also be uncomfortable, especially on long flights, as many of you let me know when I asserted that we’re in something of a golden age for air travel affordability and connectivity a few weeks ago. 

What does the FAA reauthorization say about airplane seat sizes?

The new FAA legislation requires the agency to reevaluate evacuation standards “including studying the impacts of passenger age, height and weight, disability status, speech difficulties, language barriers, baggage, seat size and configuration, and service animals, among other factors.”

Depending on what that testing shows, there could soon be a floor for airplane seat sizes, although that could drive up prices if airlines are forced to space out their seats more.

For its part, the FAA said it plans to comply with the regulations and begin making a rule for minimum seat sizes within 60 days or send its reasoning for any further delay to Congress.

“The FAA is grateful to have a long-term, bipartisan reauthorization bill and we look forward to implementing all provisions, including how to include all perspectives of the flying public as we continue to ensure planes can be evacuated safely,” the agency said in a statement.

What can be learned from real-world evacuations?

While evacuation testing is good, it can never quite replicate real-world evacuation scenarios. This year has already seen two noteworthy airplane evacuations: one of a Japan Airlines Airbus A350 in Tokyo and, more recently, a Delta Air Lines Airbus A321neo in Seattle.

Both evacuations took more than 90 seconds from the time the emergency slides were first deployed, although, fortunately, there were no fatalities on either.

Looking more closely at the Delta incident, the video shows people evacuating from both sides of the plane, and the procedure appears to take about two minutes from when the slides first deployed until the last person is seen walking away from the aircraft.

One aspect that surely slowed down the evacuation was the fact that many passengers appeared to take their bags with them. In an emergency, travelers should leave all their belongings behind, as bags and other items could block exits or slow people down on their way to the door.

It’s possible, though by no means guaranteed, that the Delta evacuation could have happened in 90 seconds or less if passengers did not collect their belongings first.

Cohen acknowledged that evacuations can be slowed down by baggage, and said it’s worth exploring how that affects the timeline.

“The rules should be what’s safe, and if the bags make it longer and it causes people in the last 30 seconds to die, that’s what happens, but the rules won’t change that,” he said. 

Cohen and other members of Congress have previously said that they will wait to see what the test results show before endorsing specific minimum airplane seat dimensions, but Cohen did say that he expects airlines will ultimately have to make their layouts a little roomier. 

Zach Wichter is a travel reporter for USA TODAY based in New York. You can reach him at [email protected].

IMAGES

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  2. Desperate Journey: Europe’s Refugee Crisis

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  3. Refugee camp

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  4. COVID-19: Palestinian de-planed from repatriation flight, called ‘rogue

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  5. Refugees and migrants travel two billion miles in 2015

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  6. Refugees, Made Visible

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COMMENTS

  1. Guide for Undocumented Individuals Traveling in the U.S

    1. Make sure your DACA is valid during your ENTIRE time abroad. Do NOT allow your DACA to expire during any of the time you are contemplating being outside the U.S. mainland, even if you have a renewal pending. Plan to be in the U.S. mainland before it expires with no chance of any gap. 2.

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    The simple answer. The simple answer is that they are not allowed to choose. It's not as if they were presented with two travel options, one that is cheap, safe and comfortable, the other long, costly and dangerous, and they chose the latter, just for the thrill of it. No, the reality is that if they had gone to the airport, the airline staff ...

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  5. PDF Fact Sheet

    comes in the form of a refugee travel document. A refugee travel document is valid for one year and is issued to an asylee to allow his or her return to the United States after temporary travel abroad. Generally, the asylee should obtain the refugee travel document prior to departure from the United States, though the applicable regulations ...

  6. Note on Travel Documents for Refugees

    29. Even where a refugee holds a Convention Travel Document, he will normally require a visa to enter another country, not only to take up employment or for studies, but also for short visits. 30. The question of visas and admission is dealt with in paragraphs 8, 9 and 10 of the Schedule to the 1951 Convention.

  7. What happens when I get to the airport in the United States?

    Updated. The International Refugee Assistance Project (IRAP) provides free legal help to some refugees and displaced people. IRAP helps some people find services and prepare refugee and visa applications. IRAP is not part of any government, IOM, or UNHCR. IRAP cannot grant refugee status or visas or speed up cases.

  8. How to apply for a travel document in the USA

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  9. PDF How do I get a refugee travel document?

    Application for Refugee Travel Document I-131. Other U.S. Government Services-Click or Call. General Information www.usa.gov 1-800-333-4636 New Immigrants www.welcometoUSA.gov U.S. Dept. of State www.state.gov 1-202-647-6575 For more copies of this guide, or information about other customer guides, please visit.

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  11. Moving and Traveling

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  15. Travel

    Again, the answer to this question is technically, "yes.". You can travel outside of the United States while you are waiting for the government to make a decision about your request for asylum. However, most immigration experts advise against doing so unless it is absolutely necessary. This is because the authorities can question you and ...

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  17. Migrant flights take place under Biden, other administrations

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  18. Refugees need to repay for flight to Canada after arriving, but it's

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  19. Frequently Asked Questions: Guidance for Travelers to Enter the U.S

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  20. Travel and Undocumented Immigrants

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  22. Desperate Journeys

    In 2018, human rights violations, persecution, conflict, and violence continued to displace many with some subsequently seeking international protection in Europe. While refugees and migrants arriving in Europe continued in general to be from the same countries of origin or the same regions as in 2016 and 2017, there were significant changes in movement patterns, in part in response to new ...

  23. By boat or by plane? If you're seeking asylum in Australia, the outcome

    It has at its disposal the remainder of 1,250 refugee places promised by the United States in November 2016 and 450 refugee places over three years promised by New Zealand in 2022. Even if all ...

  24. Figures at a glance

    29.4 million refugees under UNHCR's mandate. 5.9 million Palestine refugees under UNRWA's mandate. Low- and middle-income countries hosted 76 per cent of the world's refugees and other people in need of international protection. 14 June 2023 Disclaimer: figures do not add up to 100 per cent due to rounding.

  25. UN refugee chief says 114 million have fled homes because nations fail

    The UN refugee chief says the number of people fleeing their homes because of war, violence and persecution has reached 114 million and is climbing because nations have failed to tackle the causes and combatants are refusing to comply with international law. Menu. Menu. World. U.S. Election 2024. Politics. Sports. Entertainment. Business.

  26. Global Entry Mobile App Now Available in More Airports

    WASHINGTON - U.S. Customs and Border Protection (CBP) announced today that the Global Entry mobile application can now be used at eight additional airports, enabling more trusted travelers to complete their arrival processing on the plane instead of waiting in line to use a portal. "CBP has prioritized Global Entry arrival to enhance the speed, accuracy, and security of the arrival process ...

  27. Money is the hack to get an upgrade on your flight

    Frequent flyers also usually have lots of loyalty points, which, again, they have to pay to earn, but those points or miles can be useful for securing upgrades. "You can also use miles to ...

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  29. Travel Documents

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  30. What the new FAA funding legislation says about airplane seat sizes

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