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-   -   Undocumented immigrant with a valid state ID (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/1787722-undocumented-immigrant-valid-state-id.html)

TWA884 Sep 22, 2017 2:47 pm


Originally Posted by M79956 (Post 28846392)
Hey

I have a similar problem. I have a CA AB60 license and I’m of course worried about flying with that. However I do have a British passport. My passport is brand new. I got it renewed recently. When I entered the US a few years ago my old passport was stamped! I’m worried the new passport will raise questions with the TSA because it has literally no stamps. No visa. No nothing?????? I’m flying domestically, just not sure of the risks

From the Immigrant Legal Resource Center's AB 60 Driver’s License Frequently Asked Questions:

Can I use an AB 60 license to board an airplane?

We recommend NOT using an AB 60 license to board an airplane. There are two risks. First, the Transportation Security Administration (TSA) might not accept it. The TSA has been inconsistent regarding the acceptance of AB 60 licenses (or similar licenses from other states). Second, and more importantly, TSA officials could use the license as a basis to stop someone, question that person, and ultimately refer the person to ICE. AB 60 does not protect against discrimination by TSA officials, and the concern is that TSA agents may use an AB 60 license to flag people and refer them to ICE. If a person needs to fly, she should use other identity documents, such as an unexpired passport, and be aware that TSA engages in immigration enforcement.
And the ACLU of San Diego's Your Rights with an AB 60 Driver’s License:

  • Don’t use an AB 60 license to pass through TSA at an airport, use another form of identification, like a passport;

And the ACLU of Northern California's Know Your Rights: California AB 60 Driver's Licenses:

Do not attempt to use your AB 60 license to enter restricted areas of federal facilities, pass through TSA screening, or verify your identity to federal law enforcement officers, including Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP).

M79956 Sep 25, 2017 10:22 am

#25
 
I entered the country legally in 2012 on a J1 visa. Then a year later I changed it for an F1 visa. The F1 does not expire as long as I remain in school. However, I stopped doing school a year ago so technically my visa in invalid. I’m just worried about flying with my passport. I’m sure it should be fine. Even with no stamps. I just don’t want TSA to call somebody else over to check the passport, because that will raise more questions.

Yoshi212 Sep 25, 2017 3:53 pm

You might be a bit more than just "technically" holding an invalid visa. F1 visas are kind of specific for education with the intent to return to your home country upon graduation/end of studies. You can get a 12 month OPT employment extension but that has to be filed before completion of studies. Because of those rules & opportunities, overstaying on this kind of visa can be viewed as worse than overstaying on other kinds. I am not an immigration lawyer but you should look into contacting one to see if it's possible to resolve such a situation as if you are found to have overstayed it can/will be held against you when applying for a future visa. I make these statement as I work in a field that deals with a lot of people coming to the US for work or, like you, coming for schooling & then trying to get approved for a work visa.

As for traveling domestically with your passport it's still a risk BUT your chances of having TSA raise an eye is lessened because you'll have a visa with or in your passport & are holding a British passport. If you are sent to CBP do not lie or stretch the truth as they're federal officers with some broad authorities. TSA are not.




Originally Posted by M79956 (Post 28856512)
I entered the country legally in 2012 on a J1 visa. Then a year later I changed it for an F1 visa. The F1 does not expire as long as I remain in school. However, I stopped doing school a year ago so technically my visa in invalid. I’m just worried about flying with my passport. I’m sure it should be fine. Even with no stamps. I just don’t want TSA to call somebody else over to check the passport, because that will raise more questions.


TWA884 Sep 25, 2017 4:09 pm

Moderator's Note: Topic Drift
 
Folks,

The topic of this thread is flying domestically using a California AB60 driver license for identification.

If you wish to discuss the intricacies of the validity of US F1 student visas, please start a new thread in the USA forum, where such subjects are commonly discussed.

Thank you,

TWA884
Travel Safety/Security co-moderator


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