Knowing what to carry if ICE stops you can make a significant difference in protecting your rights and avoiding unnecessary confusion. Whether you are a lawful permanent resident, have a work permit, are seeking asylum, or are waiting for an immigration court hearing, carrying the correct documents can help demonstrate your legal situation quickly and clearly.
Below is a straightforward guide to what you should carry, what you should avoid carrying, and how to prepare if you have children.
1. Always Carry Proof of Legal Status If You Have It
Original Green Card (Permanent Resident Card, I-551)
Lawful permanent residents must carry the physical card. Copies are not sufficient.
Original Employment Authorization Document (EAD, I-766)
Work permits must be original documents. Copies are not enough.
I-94 Arrival/Departure Record or Passport Admission Stamp
Shows how and when you were admitted.
Valid Visa in Your Passport
If you are in the U.S. on a nonimmigrant visa.
USCIS Approval or Receipt Notices (Form I-797)
Examples include:
– I-589 asylum receipt notice
– Biometrics appointment notice with completion stamp
– Receipt notices for pending applications
Carry originals when required by law. Keep digital copies and additional physical copies stored safely in case you need quick access.
2. If You Are in Immigration Court (Removal Proceedings)
If you have an upcoming immigration court hearing, carry documentation that shows your case is pending.
• Notice to Appear (NTA)
• EOIR hearing notice
• USCIS or EOIR correspondence
• Copies of filings such as asylum applications or cancellation of removal
• USCIS receipt notices showing you filed defense relief applications
These documents show that you are in active legal proceedings.
3. Identification You Can Carry Even Without Status
If you do not yet have official immigration status, you may still carry identification that confirms your identity without disclosing immigration details.
• State-issued ID or driver’s license
• Municipal or community ID card
• Tribal ID if applicable
These forms of identification help confirm identity without revealing immigration status.
4. Documents You Should Not Carry Without Legal Advice
Legal experts generally do not recommend carrying documents that clearly show nationality or foreign origin unless necessary, especially if you are undocumented.
Avoid carrying:
• Foreign passport with expired visa
• Foreign birth certificate
• Foreign national ID card
Keep these documents stored safely at home. Maintain digital copies in case they are needed later.
5. If You Filed for Asylum
If you filed for asylum and fear an ICE stop, carry:
• I-589 asylum receipt notice
• Biometrics notice
• Work authorization (if approved)
• Copies of your full asylum application and declaration
Having a complete copy of your asylum filing can help prove you are in lawful proceedings.
6. Carry Contact Information for Legal Representation
You should carry:
• G-28 form showing attorney representation
• Immigration attorney contact information
• Emergency contact details of a trusted family member
Having your lawyer’s information ready can speed communication and protect your rights.
7. Carry a Know Your Rights Card
A Know Your Rights card allows you to assert your legal rights calmly and clearly.
The card typically states:
• You choose to remain silent
• You want to speak to a lawyer
• You do not consent to searches without a warrant
You do not have to answer questions about your immigration status. There is no necessity to open your door without a judicial warrant signed by a judge. You may ask if you are free to go.
8. Medical Information If Necessary
If you have chronic medical conditions, allergies, or disabilities, carry essential medical information.
This may include:
• Medication list
• Doctor’s contact
• Allergy information
Medical documentation can help prevent health risks during detention.
Quick Summary: What to Carry
If You Have Legal Status
Carry original:
• Green Card
• Work Permit (EAD)
• I-94 or valid visa
• USCIS approval or receipt notices
If You Are in Immigration Court
• EOIR hearing notices
• Correspondence and filings
If You Do Not Have Status
• State or municipal ID
• Tribal ID if applicable
Avoid Carrying
• Expired foreign passports
• Foreign birth certificates
• Documents clearly showing nationality unless advised
If You Have U.S. Citizen or Green Card Holder Children
If you have young children, especially U.S. citizen children, you should prepare emergency legal documents in advance.
The Most Important Document: Standby Guardianship
A Standby Guardianship Designation allows you to name a trusted adult who can immediately care for your child if you are detained or deported.
This document:
• Names a temporary legal guardian
• Allows school enrollment
• Allows medical consent
• Activates only if detention or deportation occurs
• Does not terminate parental rights
Other Important Documents to Prepare
• Power of Attorney for child care
• Medical consent form
• School authorization letter
• Copies of child’s birth certificate, passport, and Social Security card
• Emergency instruction letter
Do not rely on verbal agreements. Without proper paperwork, children may enter foster care even if family members are available.
Standby guardianship laws vary by state. Always consult an attorney licensed in your state.
What To Do If ICE Stops You
Carrying proof of legal presence helps prevent misunderstandings. If you do not have status, legal advice is essential before deciding what to carry.
Keep originals where legally required. Store copies safely. Provide trusted family members or your attorney access to digital backups.
Preparation protects you and your family.
If you need help preparing documents or want to review your immigration situation, call Shepelsky Law Group at (718) 769-6352 today.
To start your legalization journey, call Shepelsky Law Group now.