2

I'm from California with legal documents.

My partner, is Korean with an expired Korean passport and no other form of ID.

Can we travel by car together to different states like Nevada or Arizona?

Improve this question

1 Answer 1

Reset to default
5

There are technically no immigration controls between states. And I believe that police are not allowed to enquire about immigration status (because I think that is a federal responsibility).

However, there is one minor issue. Federal regulations give U.S. Customs and Border Protection (CBP) authority to operate within 100 miles of any U.S. “external boundary.” This means there is a 100 mile band around the inside of the US coastline and land borders in which the CBP can set up a stop and question you on your immigration status. See here for more info. This also means:

Two-thirds of the U.S. population, or about 200 million people, reside within this expanded border region, according to the 2010 census. Most of the 10 largest cities in the U.S., such as New York City, Los Angeles, and Chicago, fall in this region. Some states, like Florida, lie entirely within this border band so their entire populations are impacted.

I have encountered this in Southern New Mexico. The CBP has permanent immigration stops where they direct all traffic headed away from the border into an inspection station, and you have to be "inspected" by a CBP officer. In my case it was just roll down the window as I approached the stop, said "hi" and was waved through. But this is just my anecdata. Suspicious people1 may experience these stops differently.

Finally see here and here for a list of the stations that you will encounter.

1. With suspicious meaning "not looking like me"

Improve this answer
6
  • 1
    Expired passport doesn't necessarily mean out of status though.... Korean consulate may be refusing to renew because of military service or something but the status in the US is unaffected.
    – littleadv
    Commented Jun 4 at 21:17
  • @littleadv I agree, but it likely means being subjected to additional questioning that may make the trip a little unpleasant. But what was not stated was the current status of the partner. Hopefully the partner has a valid visa in their expired passport. I was once detained for an hour or so at LAX because the perfectly legal US immigration stamp in my valid passport looked like it was made by an engraving from a potato, and signed with a ball point pen.
    – Peter M
    Commented Jun 4 at 21:21
  • Thank you for your response. I actually don't really remember if her passport have valid visa stamp on it, I'll check on this later She has a SSN and Tax Number tho not sure if that do anything without picture of her.
    – Ryuushen
    Commented Jun 4 at 23:25
  • 1
    @Ryuushen If she has an SSN and she is not a permanent resident (green card), then she must have some sort of work authorization to be in the US. And that implies some sort of suitable visa. Proof of that visa (assuming it is still valid) plus the expired passport should be sufficient for identification purposes. But that doesn't mean that if you are stopped you will not be questioned.
    – Peter M
    Commented Jun 5 at 1:51
  • 3
    @PeterM: Visa is irrelevant while inside the US (US visas are solely for entry). What matters is her status. If she entered as a nonimmigrant, then it is determined by her I-94. If she entered as a status with a definite end date on her I-94, then the CBP officer at entry must have put an end date that is no later than the expiration of the passport. So unless she entered on a status with "D/S" on her I-94 instead of a date, or she changed or extended her status within the US, her I-94 must also be expired.
    – user102008
    Commented Jun 5 at 3:37

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .