Can you travel within the US with expired I-94? 3 Answers as of February 14, 2012

If your boyfriend has valid identification (such as drivers' license or passport), it is unlikely that the airline representatives will ask for his I94. However, it should be noted that he is still out of legal status and this is a bigger issue which needs to be addressed. He should consult with an experienced attorney to discuss his options.

He can be deported as an overstay if he is caught, and the most likely place to be caught is an airport. Try to solve his imjmigration status problem first and see if he can be reinstated in status.

The answer depends upon what identification he has in order to pass through security. I assume that as your boyfriend has an expired I-94 he has fallen out of legal status. This means he can be placed in removal proceedings at any time. The issue is not that he is traveling, but rather that he is presenting himself to authorities who will check his status and can choose to place him in removal proceedings. We recommend that individuals without proof they are allowed to be in the U.S. avoid air travel. If your boyfriend applied to have his stay extended and is waiting for a decision, he should take proof of filing with him. You may want to consider driving to Miami if it is important for you to go. If your boyfriend is apprehended by ICE, it is important that he does not agree to be deported. He will have the option to go before an immigration judge. He should see a judge. If he agrees to deportation, it may be difficult to have him return to the United States.