As of May 7, 2025, the U.S. Transportation Security Administration (TSA) will enforce the REAL ID Act, requiring travelers aged 18 and older to present a REAL ID-compliant driver’s license or another acceptable form of identification to board domestic flights and access certain federal facilities.
This change introduces specific considerations for foreign nationals with a pending green card application (Adjustment of Status). While domestic travel remains permissible, understanding the new identification requirements is crucial to avoid potential complications.
Understanding REAL ID Requirements
The REAL ID Act, enacted in 2005, establishes minimum security standards for state-issued driver’s licenses and identification cards. A REAL ID-compliant card is typically marked with a star in the upper right corner. Starting May 7, 2025, these IDs, or alternative acceptable documents, will be necessary for:
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Boarding federally regulated commercial aircraft (domestic flights)
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Accessing federal facilities and nuclear power plants
Standard state-issued driver’s licenses or ID cards that are not REAL ID-compliant will no longer be accepted for these purposes.
Acceptable Alternative Forms of Identification
If you do not possess a REAL ID-compliant license or ID, the TSA accepts several alternative forms of identification for domestic air travel, including:
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Unexpired foreign passport
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Unexpired Employment Authorization Document (EAD) (Form I-766)
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Unexpired Permanent Resident Card (Green Card)
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DHS Trusted Traveler cards (e.g., Global Entry, NEXUS, SENTRI)
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U.S. passport or passport card
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Enhanced Driver’s License (EDL) from certain states
It’s important to ensure that any identification presented is valid and unexpired.
Traveling with a Pending Green Card Application
Foreign nationals with a pending Adjustment of Status (AOS) application can travel domestically within the U.S. However, they should carry:
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A valid, unexpired foreign passport
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A valid, unexpired EAD card (if issued)
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A copy of the I-797C Notice of Action receipt for the pending AOS application
These documents serve as proof of identity and lawful presence in the U.S. While TSA primarily checks for valid identification, having documentation related to your immigration status can be helpful, especially if questions arise.
Risks of Traveling Without a REAL ID or Acceptable Alternative
Attempting to travel without a REAL ID or an acceptable alternative form of identification can lead to:
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Denial of boarding: TSA may prevent you from passing through security checkpoints, effectively canceling your travel plans.
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Additional screening: In some cases, TSA may allow travelers without proper ID to undergo additional screening to verify identity, but this is not guaranteed and can be time-consuming.
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Legal complications: For individuals with pending immigration applications, interactions with law enforcement or TSA officials without proper identification could lead to unnecessary scrutiny.
It’s advisable to avoid these risks by ensuring you have the necessary identification before traveling.
Applying for a REAL ID as a Non-U.S. Citizen
Non-U.S. citizens who are lawfully present in the U.S., including those with pending AOS applications, may be eligible to obtain a REAL ID-compliant driver’s license or ID card. Requirements vary by state but generally include:
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Proof of identity (e.g., unexpired foreign passport with U.S. visa and I-94)
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Proof of Social Security number or ineligibility
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Proof of state residency (e.g., utility bills, lease agreements)
It’s important to check with your state’s Department of Motor Vehicles (DMV) for specific documentation requirements and eligibility criteria.
Conclusion
While domestic travel within the U.S. remains accessible to foreign nationals with pending green card applications, the enforcement of the REAL ID Act introduces new identification requirements. To ensure smooth travel experiences, it’s crucial to carry a REAL ID-compliant license or an acceptable alternative form of identification, such as a valid passport or EAD card. Proactively preparing for these requirements will help avoid potential travel disruptions and ensure compliance with federal regulations.
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