Many non-citizens, undocumented immigrants and visa overstays, worry about whether they can fly within the US or enter certain federal facilities without a REAL ID driver’s license or Identification card (ID). In this article, we’ll explain what REAL ID means for you, and which documents are still acceptable for domestic air travel.
1. What is a REAL-ID Driver’s License or ID?
A REAL ID, Enhanced ID or driver’s license is issued by a US state and meets federal security standards.
Now that REAL ID has officially started, people over the age of 18 traveling by air within the US need REAL-ID compliant identification to show at the airport security checkpoints.
REAL ID changes how identification is verified, but it should not make travel impossible.
2. Can I Travel By Plane Without REAL ID If I am Undocumented or a Visa Overstay?
Yes, undocumented immigrants, visa overstays, visitors and non-citizens may travel by plane without REAL ID. You would use other (TSA) Transportation Security Administration approved forms of identification. If you do not have a state-issued REAL ID compliant Driver’s License or Identification card, you may have one of the IDs on the list below.
- Permanent resident card
- Border crossing card
- Foreign government-issued passport
- Canadian provincial driver’s license or Indian and Northern Affairs Canada card
- Transportation Worker Identification Credential (TWIC)
- (EAD) Employment Authorization Card (I-766) issued by the USCIS
- U.S. Merchant Mariner Credential
- Veteran Health Identification Card (VHIC)
- An acceptable photo ID issued by a federally recognized Tribal Nation/Indian Tribe, including Enhanced Tribal Cards (ETCs)
The list is constantly updated so it is important to visit the website TSA.org for the latest information before each trip.
3. Can I Use My Valid Driver’s License That is Not REAL ID Compliant for Air Travel?
No, at airports or certain federal facilities, state issued driver’s licenses and Identification cards that are not REAL ID compliant are no longer accepted as valid forms of identification.
For air travel, people with AB60 driver’s licenses (or similar licenses) can use their foreign passports or other forms of identification on the list above.
You can still use your AB60 or regular driver’s license to drive but not for air travel or to visit certain federal facilities.
4. What happens if I do not have a REAL-ID compliant ID at the airport?
If you do not have a form of REAL-ID or any of the approved TSA documents, you will not be allowed to go past the airport security checkpoint or to board your flight without verification. You may pay a small administrative fee for the verification cost.
5. Can I Fly in the US With my Expired ID?
At the time of publication the TSA currently accepts expired IDs (up to two years after expiration), for the above listed forms of identification.
Documents Immigrants Need to Apply for REAL ID
Here are some proof of identity documents for foreign-born people to apply for REAL ID in California.
- Valid Permanent Resident Card
- Foreign passport with valid U.S. Visa and approved I-94 form
- Certificate of Naturalization or Certificate of U.S. Citizenship
- Certified copy of birth certificate from a U.S. Territory
- Valid Employment Authorization Document (EAD) Card (I-766) or valid/expired EAD Card with Notice of Action (I-797 C)
- Valid Permanent Resident Card with Notice of Action (I-797 C) or Approval Notice (I-797)
- U.S. Certificate of Birth Abroad or Consular Report of Birth Abroad of U.S. Citizen
- Valid foreign passport stamped “Processed for I-551”
- Documents reflecting (TPS) Temporary Protected Status benefit eligibility
In conclusion, if you have questions or concerns, please get legal advice and help from an immigration lawyer about the best way to travel and any long-term immigration plans. This way, you travel with peace of mind.
This general information guide is not intended to be a substitute for specific legal advice from your own lawyer.
If you enjoyed reading this article, please share it with a friend.
If you need have questions or need help, please call Attorney Doreen Emenike at our immigration law office at (626)256-8500. www.emenikelaw.com. Thank you for reading this article
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