'Carry documents always': Legal experts warn Indian diaspora in US

Immigration attorneys are advising Indian diaspora in the US to carry documents that confirm their lawful immigration status while travelling within the country. Reports of U.S. Department of Homeland Security (DHS) detaining non-citizens during domestic travel have prompted this warning. The American Immigration Lawyers Association (AILA) has reported such incidents across multiple states, including California, Colorado, Florida, Illinois, Kansas, Michigan, New Jersey, Texas, and Virginia.

Many of those detained were lawfully present in the US, holding benefits such as an adjustment of status or asylum application, or possessing Employment Authorization Documents (EADs). However, an EAD does not automatically grant lawful immigration status. The issue is particularly relevant for the large Indian diaspora, who often serve as H-1B visa holders.

When sponsoring an employee for an employment-based green card, employers may file Form I-485 for an immigrant visa. While this application is pending, individuals can either maintain H-1B status through periodic extensions or work using an EAD. If the adjustment of status application is denied, individuals with valid H-1B status can usually continue living and working in the US.

Attorneys advise that those with pending adjustment applications are at risk of detention and removal proceedings if their H-1B status has lapsed. While there have been no reports of Indian diaspora facing such issues during domestic travel, attorneys recommend maintaining valid H-1B or L-1 status throughout the adjustment process.

They further recommend carrying passports, I-94 forms, green cards, pending immigration application notices, EADs, and proof of current employment when travelling within the US.