Can You Fly Within the United States After Your I-94 Expires?

What Applicants With Pending I-485, I-539, and Other Immigration Cases Should Know

An expired I-94 does not have the same legal effect in every immigration case. Some individuals may remain in the United States while an application is pending but no longer hold valid nonimmigrant status.

That distinction has become increasingly important as ICE expands immigration enforcement at U.S. airports.

ICE Airport Enforcement Is Increasing

Recent reports indicate that the Transportation Security Administration, or TSA, has been sharing passenger information with ICE for immigration enforcement purposes.

Reuters reported that TSA provided ICE with records concerning more than 31,000 travelers between January 2025 and February 2026, resulting in more than 800 arrests. Reuters could not determine how many of those arrests occurred inside airports. ABC News separately reported at least 27 airport arrests involving a newer enforcement strategy focused on individuals accused of overstaying their authorized stay.

More recent cases reportedly include travelers with pending asylum, marriage-based, or other immigration applications.

Can You Take a Domestic Flight After Your I-94 Expires?

Possibly; but being able to pass through TSA screening is not the same as being free from immigration enforcement.

A traveler may have identification accepted by TSA and still be questioned or detained by ICE. The level of risk depends on the person’s current immigration status, immigration history, pending applications, prior removal proceedings, and any criminal record.

An expired I-94 also does not automatically mean that a person is accruing unlawful presence. However, it may mean that the person no longer holds valid nonimmigrant status.

Pending I-485 Applications

A properly filed Form I-485 generally places the applicant in a period of stay authorized by the Department of Homeland Security while the application remains pending. The applicant generally does not accrue unlawful presence during that period.

However, a pending I-485 does not itself grant lawful nonimmigrant status. USCIS specifically distinguishes between being in an authorized period of stay and maintaining lawful immigration status.

For example, an applicant whose H-1B or L-1 status has expired may remain in the United States based on a pending I-485 but may no longer hold H-1B or L-1 status.

An Employment Authorization Document, or EAD, provides work authorization. It does not independently grant immigration status or guarantee protection from ICE enforcement.

Pending I-539 or I-129 Requests

A person who timely files a nonfrivolous extension or change of status request before the I-94 expires may generally remain in a period of authorized stay while USCIS reviews the case.

Nevertheless, the person’s original nonimmigrant status may end when the I-94 expires unless an applicable rule provides otherwise. The legal consequences may also change if USCIS denies the application or petition.

Because Form I-129 covers several different employment classifications and requests, the effect of a pending petition must be evaluated based on the specific classification and whether an extension of stay was requested.

Who May Face Greater Risk?

Travelers may face increased scrutiny when:

• Their I-94 has expired and they no longer maintain valid nonimmigrant status;

• Their ability to remain in the United States depends primarily on a pending I-485, I-539, asylum, or other application;

• They have a final removal order, prior removal proceedings, or missed immigration court hearings;

• They have previous immigration violations or certain criminal records; or

• ICE records incorrectly or incompletely reflect their current case.

A pending application, EAD, USCIS receipt notice, or Advance Parole document does not necessarily prevent ICE from questioning or detaining a traveler.

What Could Happen at the Airport?

Recent reports describe ICE officers approaching travelers near check-in counters, security areas, boarding gates, and other airport locations.

A traveler may be questioned, separated from accompanying family members, prevented from boarding, detained, or placed in removal proceedings through the issuance of a Notice to Appear.

This does not mean every traveler with an expired I-94 or pending application will be detained. It does mean that air travel may create additional enforcement exposure for people whose immigration status is uncertain or no longer valid.

Immigrant-rights organizations have advised noncitizens with expired status, pending applications, immigration court cases, or prior removal orders to obtain an individualized legal assessment before flying.

How Should You Prepare?

Before traveling, review:

• Your current I-94;

• The expiration date and conditions of your immigration status;

• All pending USCIS applications and petitions;

• Any prior immigration court proceedings or removal orders; and

• Whether you have maintained the requirements of your previous status.

Travelers should generally carry their passport, I-94, relevant Forms I-797, EAD, I-20 or DS-2019 when applicable, and other documents explaining their current immigration situation.

It is also helpful to give a trusted family member your itinerary, A-number, attorney’s contact information, and copies of important immigration documents.

Individuals with higher-risk immigration histories should consider postponing nonessential air travel until an attorney has reviewed their case.

Frequently Asked Questions

1. My I-485 is pending. Can I take a domestic flight?

A pending I-485 does not automatically prevent domestic travel. However, when your prior nonimmigrant status has expired, you may be in an authorized period of stay without holding lawful nonimmigrant status.

Under the current enforcement environment, you should obtain an individualized risk assessment before flying.

2. My I-94 expired, but I timely filed Form I-539. Am I accruing unlawful presence?

Generally, a timely filed, nonfrivolous extension or change of status application may prevent the accrual of unlawful presence while USCIS reviews the case.

However, this does not necessarily mean that you continue to hold your previous nonimmigrant status. The result may also depend on whether you complied with the terms of that status and whether USCIS ultimately approves the application.

3. I have an EAD but no valid H-1B or other nonimmigrant status. Can I fly?

An EAD authorizes employment but does not independently grant lawful immigration status.

Your travel risk should be evaluated based on your pending application, I-94 history, prior status, immigration court history, and any other relevant facts.

4. What should I do if ICE approaches me at an airport?

Remain calm and do not physically resist, provide false information, or present false documents.

You may ask why you are being stopped and request an opportunity to contact an attorney. Do not sign documents that you do not understand or agree with without first obtaining legal advice.

Before Making Travel Plans

Every immigration case is different. Two applicants with the same pending form may face very different risks depending on their I-94 records, prior status, manner of entry, immigration history, and any removal or criminal proceedings.

Before taking a domestic or international flight, applicants with expired I-94 records or pending immigration cases should speak with an experienced immigration attorney. Online information alone cannot determine whether travel is appropriate in a particular case.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Immigration laws, regulations, and government policies may change. Because each immigration matter depends on its specific facts, employers and individuals should consult with an experienced immigration attorney regarding their particular circumstances.