IDs an issue again
 

Forgive me, this is a first time post.
I see that the TSA has taken over checking IDs. I have heard that they are now not only checking for valid passports (from non-US persons) but also looking at Visas. A friend, I have just learned, has overstayed his visa but was supposed to travel with us to Arizona. I have been told, travel in the US was never an issue before but now it may be. Does anybody have any insight into this?

My insight would be for your friend to check in with CBP or appropriate immigration authorities ASAP and get the issue rectified else return to country of origin. The rules and length of stay were written for a reason.

The issue is not whether they will check the Visa - it's that your friend is in the country in expiration of a valid document. I guess that travel in the US is "never an issue" means that it's OK to travel to and fro within the US illegally since you're already present illegally anyway?

Am I missing something or is this overly harsh?

Clearly, non-compliance with Visa/immigration requirements should not be a problem for whomever to verify proper documentation requirements, correct?

Just have him "forget" his ID. He will go through secondary screening and will be allowed to board.

I have seen checkers look at visas before (which has been argued on here many times is mission creep). I have seen checkers ask certain folks for resident alien cards at the checkpoint (DFW for example) after seeing a valid Mexican passport. THere are various threads on it here. As an above poster noted you can note have ID and get a secondary but AFAIK you have to have two forms of non-picture ID to do that not sure. Some airlines will not check bags without picture ID so double check.

But you are correct in theory the TSA should not be checking for visas as long as the passport is valid. Some do and some don't.

Ciao,
FH

We're from the government and we're here to help. My guess is that if said overstayer didn't mean to overstay, he wouldn't have, and checking with CBP is the last thing on his/her mind.

Welcome to FT flywithkids!

Does your friend perhaps have any other form of ID besides the passport? Driver license from home country? National ID card?

This is stupid. Our immigration laws are too complex for many USCIS employees, let alone TSOs with no training in them. I can't wait until they deny entry to someone with legal status... it's blatant discrimination.

As a TSO, I would have to say that "forgetting" his ID is probably the best choice. ID is not required to fly, but he will undergo some additional screening. In the situation of presenting an expired visa to the TSA, we are only supposed to refer him to secondary screening anyway.

I-94 is the decider, not Visa
 

To be technical for a moment - it is entirely possible to have an expired Visa and and still be in the USA legally. The I-94 given at the POE determines the length of stay; the Visa only determines the time period that a person has to present the Visa to the POE and apply for entry.

The other factor is the validity of the presenters passport - normally it is preferred to have a PP that expires 6 months after the end of the proposed visit.

I know this for fact because I have had a valid I-94 well after the Visa had expired - At the time of entry (with the valid Visa), I asked CBP agent if I should get a new Visa but he simply gave me long enough to travel back & forth from Vancouver, BC while I had family visiting the Northwest & touring. Saved me a bunch of time, and I got my new visa after the family had finally gone home!^^

Well, yes. But I'm sure that in this thread, "visa" and "I-94" mean the same thing.

Thanks for the confirmation.

Cee, I can't speak for any other FTers, but I certainly am glad you came here and appreciate that you are not espousing TSA rhetoric as we've heard here in the past.

If other TSAers were are as grounded in reality as you seem to be, there would be far less activity in this forum (also far less fun ;).)

Thank you.

Thanks...I will try to keep the fun going!

Welcome on board. And I do like your signature line. :D

It's also possible to be present legally with an expired visa and I-94 - if a non-frivolous application for extension of status has been timely filed and is subsequently approved...