Legal Question in Immigration Law in New York

Dear LawGuru,

I came to the USA from Poland a few years ago on a Tourist Visa. I was approved for 10 years with a maximum stay of 6 months per visit. I applied for a 6 month extension after my first stay but was denied. I also applied for a student visa but was denied that as well and now currently reside in the US illegally. My inquiry revolves around traveling within the confines of the USA. I have a new Polish Passport that is not expired but it has no valid visas to accompany it. Would I be able to travel on airplanes without being deported? Would immigration be able to detain and deport me at the airport or on domestic flights, i.e. flight from Philadelphia to Ft. Lauderdale or New York LaGuardia to Chicago O'Hare? Will it be safe to use the Polish Passport as a form of ID since it is the only government issued identification that I own? I would like to travel around the USA but I am afraid of being deported.

Thank You.


Asked on 1/13/11, 7:16 pm

1 Answer from Attorneys

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

You can be put into deportation proceedings at anytime. Traveling will only increase that risk if you are inspected.

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Answered on 1/19/11, 5:56 am


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