Whether you’re a lawful permanent resident [green card holder], have a work permit, or are waiting for an immigration hearing, it helps to know what official documents can prove your status if Immigration and Customs Enforcement (ICE) asks. Carrying the right paperwork can make interactions with authorities smoother and reduce confusion.

Below is a straightforward guide to the documents you should carry — and some you should not carry — based on current legal recommendations.

1. Always Carry Proof of Your Legal Status (if you have it)

If you have valid immigration status in the U.S., it’s generally recommended to carry documentation proving it. Useful documents include:

✅ Primary Legal Status Documents

ORIGINAL Green Card (Permanent Resident Card, I-551) — for lawful permanent residents. Copies are insufficient. You should have your plastic card on your person.
Employment Authorization Document (EAD, I-766) — work permit. Must be an original document. Copies are insufficient.
I-94 Arrival/Departure Record (or passport stamp) — shows how and when you were admitted.
Visa in your passport (if you have a non-immigrant visa)
USCIS approval notices (Form I-797) or receipt notices showing pending status. For example, I-589 Receipt Notice as proof you are awaiting your asylum interview. Also a good idea to show you went for biometrics, so carry your biometrics letter with the stamp with you.

Originals are always best, but you should have both physical and digital copies with you so that you can have quick access to them if asked.

2. If You Have an Upcoming Hearing in Immigration Court

If you are in removal proceedings or waiting for a hearing, you should carry:

Your Notice to Appear or hearing notice from EOIR (Immigration court hearing notice);
Any USCIS or EOIR correspondence related to your case;
Copies of filings (e.g., asylum applications, briefs) and USCIS receipt notices to prove you filed Defense Relief applications like Asylum or Cancellation of Removal.

These show that you are scheduled for court and have legal proceedings pending.

3. Identification Documents You Can Carry

Even if you don’t have official immigration status yet, you can carry government IDs that do not disclose your immigration status. This can help establish your identity without revealing status:

State-issued ID or driver’s license
Municipal or community ID cards
Tribal ID (if applicable) — some Native Americans carry this to show citizenship and identity without immigration details

These help confirm your identity without containing sensitive immigration information.

4. Documents You Should Not Carry Without Legal Advice

Legal experts generally do not recommend carrying documents that explicitly list your nationality or country of birth unless necessary — especially if your status is undocumented — because it can create confusion or unintended risk.

Examples include:

Foreign passports with expired visas
Birth certificates from your home country
Foreign national ID cards

Instead, store these safely at home or with a trusted person and have digital copies accessible if needed.

5. Other Helpful Papers to Have Accessible (Not Required)

Keeping these in a secure place can be helpful if later needed in court or legal proceedings:

Social Security card or Individual Taxpayer Identification Number (ITIN)
Marriage or birth certificates (for dependents)
Receipt or approval notices for any immigration applications
Copies of past legal filings

Having organized files — both paper and scanned digital copies — makes it easier to respond to requests and prepare for hearings.

6. Know Your Rights If Stopped

Regardless of status, people in the U.S. have rights regardless of their immigration status or lack thereof:

You may remain silent and are not required to answer questions about your immigration status.
You do not have to open your door without a judicial warrant [a warrant signed by a judge, and not just by ICE].
You can ask to speak with a lawyer.
You can ask the ICE officer if you are free to go and if he says yes – go.

This means you can choose what to show and what not to show, and waiting for legal advice is often safer than handing over every document.

Quick Summary: What to Carry

🟢 If You Have Legal Status, carry the following ORIGINAL documents:

Green Card
Work Permit (EAD)
I-94 or valid visa
USCIS approval/receipt notices

🟡 If You Are in Immigration Court Removal Proceedings:

EOIR hearing notices
Correspondence and filings

🟡 If You Don’t Have Status

State or municipal ID
Tribal ID (if applicable)

🚫 Avoid Carrying

Foreign passport with expired visa
Foreign birth certificates
Documents showing nationality/status unless advised by an attorney

Documents are Crucial to Prove Your Status:

Carrying proof of your legal presence — when you have it — helps ensure compliance and can prevent misunderstandings. But if you are undocumented, carrying official U.S. immigration status documents isn’t possible, and legal advice is essential on how to safely handle encounters with ICE.

Always keep copies of important documents in a safe place, and consider giving trusted family or a lawyer access to digital backups.

What if you have young US Citizen/Green Card holder Children?

If you have young children, especially US citizen children, it is a good idea nowadays to have your local Family Law attorney (lawyers who specialize in custody) draw up documentation how they should be taken care of if you are deported.

A Standby Guardianship Designation (sometimes called a Standby Guardian Authorization or Designation of Standby Guardian) is the best and most widely recommended document for undocumented parents of U.S. citizen children.

Here’s how it works and what parents should know:

The Best Document: Standby Guardianship

A Standby Guardianship allows parents to name a trusted adult who can immediately step in to care for their U.S. citizen children if the parents are detained, deported, or otherwise unable to care for them.

This document is designed specifically for emergencies like:

ICE detention
Deportation
Sudden arrest or removal
Hospitalization or incapacity

It helps ensure children remain in the United States with someone the parents chose.

What a Standby Guardianship Does

Names a temporary legal guardian for the child
Allows the guardian to:

enroll the child in school
consent to medical care
communicate with schools, doctors, and agencies
Takes effect only if a triggering event happens (detention, deportation, disappearance, or incapacity)

Parents do not lose parental rights by signing this.

Who Should Be the Standby Guardian

U.S. citizen or lawful permanent resident preferred
Trusted family member or close friend
Someone already living in the U.S.
Willing and able to care for the child long-term if needed

Other Documents Parents Should Have (Very Important)

A Standby Guardianship works best when combined with the following:

1. Power of Attorney for Child Care

Allows day-to-day decisions if parents are unavailable but not yet deported.

2. Medical Consent Form

Allows the guardian to authorize emergency and routine medical treatment.

3. School Authorization Letter

Allows the guardian to enroll the child, attend meetings, and access records.

4. Copies of Child’s Documents

Keep copies with the guardian:

U.S. birth certificate
Passport (if available)
Social Security card

5. Emergency Contact Letter

Explains:

parents’ wishes
who should take custody
what to do if ICE detains the parents

What NOT to Rely On

❌ Verbal agreements
❌ Informal letters with no legal standing
❌ Assuming Child Protective Services agency in your municipality will place the child with family automatically

Without legal paperwork, children may be placed in foster care, even if family is available.

State Law Matters

Standby guardianship laws vary by state:

Some states require notarization
Some require court filing
Some allow temporary activation without court approval

Parents should have the document prepared by an attorney licensed in their state.

Conclusion About Children:

For undocumented parents of U.S. citizen children, the single most important document to keep children safe in the U.S. if deportation happens is:

A properly executed Standby Guardianship Designation, supported by medical and school authorizations.

To legalize in the U.S., call Shepelsky Law Group today at (718) 769-6352 today.