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FAQ

Do tourists need to keep their passports on their person at all times in the US?
If you are driving, 100% yes unless you are Canadian with an enhanced driver’s licence, otherwise not necessarily.In all states, police have the right to demand to see the identification for the driver, and in many states they also have the right to see the identification for all passengers. At customs and border checks, which do happen randomly within the American Southwest in states like California, Nevada and Arizona, and also Texas everyone must show their ID. These stops are really there to nab illegal immigrants who are in the US already, made it passed the border, and are driving around or being a passenger in a car without ID.Foreign drivers licences from some countries work to be legally allowed to operate a motor vehicle from a rental car or insurance purpose, but they aren’t recognised generally for a government ID purpose.If you get pulled over, and your only ID is an Australian driver’s licence, you can be deported, or perhaps fined for driving without ID. The only foreign driver’s licences the US government recognises like a passport are Canadian Enhanced Driver’s Licences. Likewise, Canada recognises American ones.You don’t need a passport if you are not in your car, and not going through a security check (e.g., at the airport).For walking down the street, checking for ID except for in the case you commit a crime would be an unconstitutional search in most cases. The reason why police are allowed to behave differently with motor vehicles is because the courts have determined it is legal to set minimum standards to operate a motor vehicle on the road, and when applying for a state driver’s licence, Americans in every state sign a line agreeing to always carry their driver’s licence while on the road.Edit:Per Vladimir Menkov's answer to Do tourists need to keep their passports on their person at all times in the US? there is actually a regulation stating that non-citizens are required to carry documents showing they are in the country legally.In practice though, the police cannot just stop and check people for ID, and per the ruling in Arizona v. United States, essentially has the wider effect that state police cannot enforce Federal immigration law—states cannot pass laws making it a crime to be unlawfully present in the United States, or pass laws requiring police to verify citizenship or the visa status of people they randomly stop on the street.
Do I have to carry my passport all the time when visiting USA with a B1/B2 visa?
An alien, 18 years or old, visiting the United States is required by US law to carry, at all times, any “alien registration document” issued to that alien by US immigration officials. 8 U.S. Code § 1304 - Forms for registration and fingerprinting (subsection e). For permanent residents, this is the I-551 “green card”, and a green card holder is required to possess this document at all times.The situation is much murkier for nonimmigrant aliens. The document that most nonimmigrant aliens are “required” to carry is Form I-94, the “record of entry” that is created when the alien enters the United States. The problem with this requirement is that, under current practice, CBP border agents generally do not issue a paper I-94 to a visiting alien; only an electronic document is created. If you have entered the United States as a nonimmigrant alien and were not given a paper I-94, then you are not required to carry any document because none was issued to you. If, however, you were issued a paper I-94 or any other comparable “alien registration” document when you entered the United States, you are required by federal law to retain and carry that document in your possession at all times while you are in the United States.You are never required to have in your possession your passport or the visa, if any, you last used to enter the United States, except that you should have your passport in your possession when you leave the United States. If you were issued a paper I-94 when you entered the United States, you are expected to surrender it upon leaving.However, you should be aware that if you do not have your passport with you during your travels within the country, you may have difficulty proving that you are an alien national entitled to the privileges and immunities that alien nationals are entitled to under international law (such as the right to consult with consular officials upon being arrested). You may also find it difficult to prove your identity (which is required for domestic air travel and may be required for other purposes as well). You may find it desirable to secure your original passport and other travel documents in a safe place, and carry a copy of the photograph page, visa page, and (if you received one) I-94 admission record with you, especially if you are going to be in the United States for an extended period of time. At the very least, have some documentation of your alien registration number (A-number) and your I-94 document number, since those can be used to verify your right to be present in the country, should it be necessary to do so.