Reports of non-citizens being detained during domestic journeys have prompted caution among H-1B holders and other visa-dependent residents
Immigration attorneys in the United States are advising members of the Indian diaspora to exercise greater caution while travelling domestically amid reports of non-citizens being detained by the Department of Homeland Security (DHS).
The concerns are particularly relevant to H-1B visa holders, who account for a large share of employment-based immigrants from India. The American Immigration Lawyers Association (AILA) has reported incidents across several states, including California, Colorado, Florida, Illinois, Kansas, Michigan, New Jersey, Texas and Virginia.
According to immigration lawyers, some people detained during domestic travel did not have criminal records and were lawfully present in the US while applications for immigration benefits, including adjustment of status or asylum, were pending.
Attorneys have also highlighted an important distinction for workers using an Employment Authorization Document (EAD). While an EAD permits employment, it does not by itself establish or preserve a person’s underlying immigration status.
For Indian professionals seeking permanent residency through employment, maintaining valid H-1B or L-1 status while an adjustment-of-status application is pending can provide an additional layer of protection. If an I-485 application is refused, a person with valid underlying H-1B status may generally continue to live and work in the US under that status.
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Lawyers are particularly cautioning individuals whose extension of status or adjustment-of-status applications are pending and whose I-94 has expired
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Those relying solely on an EAD or who are between jobs may face greater immigration risks if questioned by authorities
Non-citizens travelling within the US are being advised to carry documents that demonstrate their immigration position. These may include a valid passport, latest I-94, green card, immigration application receipt notices, EAD and proof of current employment, where applicable.
There have so far been no reported cases of Indian diaspora members facing such problems during domestic travel, but attorneys say the current enforcement environment warrants increased vigilance.
