Askonim who work closely with government agencies on immigration-related matters are warning members of the frum community not to assume that domestic air travel is automatically safe for someone whose immigration status has expired, remains unresolved, or is otherwise complicated.

The warning comes amid growing concern among those assisting individuals and families with immigration cases over enforcement activity at airports across the United States — including situations involving travelers flying entirely within the country.

Their message is simple: If there is any question about your current immigration status, speak with a qualified immigration attorney before going to the airport.

Of particular concern are individuals who entered the United States legally but later overstayed their authorized period of stay, as well as those awaiting decisions on extensions, changes of status, adjustment of status applications, or other immigration filings.

Those involved say one of the biggest misconceptions they are encountering is the belief that simply having an immigration application pending automatically protects someone from immigration enforcement.

That is not necessarily the case.

“People hear that someone filed an extension or another application and assume that means everything is fine until USCIS gives an answer,” one Askon involved in assisting with immigration-related cases told YWN. “Every case is different. Filing something does not automatically mean that a person has lawful status or that there is no risk of enforcement.”

Another community advocate who works closely with agencies on immigration-related matters said the concern has become significant enough that people with questionable status should not make travel decisions based on what friends or relatives experienced in the past.

“Someone may have flown domestically many times before without a problem,” he said. “That does not mean the next time will be the same. If your status is not completely clear, don’t rely on what happened previously or what happened to somebody else. Have your individual case reviewed.”

Those familiar with the issue emphasized that the warning does not mean everyone with a pending immigration application is unlawfully present or at risk of being detained. Many individuals with pending cases remain in lawful status or have separate authorization permitting them to remain in the United States.

Rather, the concern is for people who mistakenly believe that the existence of a pending application, receipt notice, or other immigration paperwork by itself guarantees that they are protected from enforcement.

The issue can be particularly relevant in the frum community, where families frequently travel domestically for simchos, Yom Tov, summer vacations, medical treatment, business and family obligations. A person may understandably view a flight between two U.S. cities very differently from international travel.

But Askonim involved with government agencies say that anyone with an overstay or unresolved status should no longer assume that the domestic nature of a flight means there is no immigration-related risk at an airport.

They are therefore urging people not to wait until a planned trip — and certainly not until arriving at the airport — to determine where they stand.

Anyone who has overstayed a visa or ESTA admission, is waiting for an extension or change of status, has a pending immigration proceeding, or otherwise has uncertainty regarding his or her authorization to remain in the United States should consult a competent immigration attorney who can review the specific case and advise whether domestic air travel could present a risk.

The warning is not intended to cause panic, those involved stressed, but rather to prevent people from making assumptions about complicated immigration situations based on past travel experiences or the experiences of others.

The bottom line: If you are not 100% sure where you stand, have your case reviewed before you fly.

(YWN World Headquarters – NYC)