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Foreign Passport with no Visa "stamp", can you still use it to travel within the United States?

Staten Island, NY |
Filed under: Immigration

My mother will be going to our national consulate in NYC to get a new passport. However In the United States she doesn't have legal residency. I have heard many family members that say they've traveled this way for a long time without being hassled, is there any truth to this?

Attorney Answers 4

Posted

No one ever checks your passport when travelling from state to state. Passports are for travelling from country to country.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

Although my colleague is correct, passports are for international travel, if that is her only form of ID ... someone at TSA may 'flag' her.

Probably not, but it is possible..

Why not meet with an immigration lawyer (many of us use Skype) and see if you can get your mother legal?

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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2 comments

Asker

Posted

We've already talked to countless attorneys and spent tens of thousands of dollars. There's no hope for us unless a law gets passed. Thank you though.

F. J. Capriotti III

F. J. Capriotti III

Posted

Then she should play it safe and not travel by airplane nor do other things which put her at risk of being 'caught'.

Posted

interesting question, you could ask a local attorney, or see what the passport or department of state website says

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Posted

Yes, there is a lot of "truth" in what you heard. The TSA, in it's ever infinite wisdom, while seeing foreign passports in its "security" lines by the hundreds,, shift after shift, day after day, has no clue as to what a "visa" is and never, to my knowledge looking to see whether a foreign national has a US "stamp" (or any "stamp"), let alone "proof of residency" (wouldn't know what that means even if you explained it half a dozen times..) in one's passport.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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