Pending EOS or COS? Understanding Your Status and Travel Risks

Written August 7, 2026 by Grace Vensel, Esq.

TLDR:

• Recent reports of ICE activity at domestic airports have raised concerns for foreign nationals with a pending Extension of Status (EOS) or Change of Status (COS) application, especially if their underlying status has already expired.
• An expired I-94 does not automatically mean someone is unlawfully present in the U.S. A timely filed EOS or COS application generally allows an individual to remain in an authorized period of stay while USCIS decides the case.
• If you’re in this situation, keep your USCIS receipt notices and immigration records available so you can document your full immigration history and confirm no lapse in status. You should also speak with an immigration attorney before domestic travel if you have any concerns.

Recent reports of Immigration and Customs Enforcement (ICE) activity at domestic airports have raised new concerns for foreign nationals with pending applications before U.S. Citizenship and Immigration Services (USCIS).

According to recent media coverage, ICE is working more closely with the Transportation Security Administration (TSA) to identify certain travelers who have purported immigration violations. As a result, some foreign nationals are questioning whether domestic travel could create unexpected immigration complications, particularly if they have a pending Extension of Status (EOS) or Change of Status (COS) application and their underlying nonimmigrant status has already expired.

While these reports have brought renewed attention to the issue, they also highlight a broader challenge facing many foreign nationals today: understanding their rights, obligations, and potential risks while waiting for USCIS to adjudicate a pending application.

Why This Matters

Many foreign nationals lawfully remain in the United States while waiting for USCIS to make a decision on a pending immigration filing.

For example, a foreign national may file an Extension of Status or Change of Status application before their current period of authorized stay expires. In several instances, a timely filed application allows the individual to remain in the United States while USCIS processes the case.

However, lengthy USCIS processing times have created situations where applicants may spend months, or even years, awaiting a decision after the expiration of their original I-94 record.

This often raises an important question:

“What is my immigration status while my application is pending?”

The answer is not always as simple as looking at the expiration date on an I-94 record.

One of the most common misconceptions in immigration law is that an expired I-94 automatically means a foreign national is unlawfully present in the United States.

Whenever an eligible foreign national timely files an Extension of Status or Change of Status application before the expiration of their authorized stay, they may generally remain in the United States while USCIS adjudicates the application. They remain in a period of authorized stay until a decision has been made.

As a result, it is possible for an individual to have:

• An expired I-94;
• A pending application with USCIS; and
• Authorization to remain in the United States while awaiting a decision.

That distinction is critical. However, it is also a source of confusion for many applicants and employers, particularly as USCIS processing times continue to fluctuate.

The Impact of USCIS Processing Delays

What makes these situations particularly frustrating is that many applicants have done exactly what the immigration system requires.

They filed their applications on time. They paid the required government filing fees. They followed the proper legal process.

Yet many applications remain pending due to processing delays that are entirely outside of the applicant’s control.

In some cases, applicants may wait months or years for a decision despite having taken every step necessary to maintain compliance with U.S. immigration laws. These delays can make it increasingly difficult for foreign nationals and employers to plan for travel, employment authorization, staffing, and other business or personal needs.

Considerations for Domestic Travel

The recent airport enforcement reports have led many foreign nationals to reevaluate their domestic travel plans.

While domestic travel does not generally involve an application for admission to the United States, travelers should understand that immigration-related issues may arise in certain circumstances.

Foreign nationals with pending applications should contact an experienced immigration attorney to understand their current immigration status before traveling. They should also consider carrying documentation demonstrating that their application was timely filed and remains pending.

Depending on the circumstances, helpful documentation may include:

• USCIS receipt notices;
• Copies of the filed petition or application;
• Current and prior I-94 records;
• Passport biographic pages;
• Visa stamps, if applicable;
• Prior approval notices; and
• Contact information for immigration counsel.

Every case is different, and the appropriate documentation may vary based on the individual’s immigration history and the type of application that is pending.

Who May Face Greater Risk?

Not all pending applications present the same level of concern.

Foreign nationals may wish to exercise additional caution if they have:

• Prior periods of unauthorized employment;
• Previous status violations;
• Prior overstays;
• Missed filing deadlines;
• Removal proceedings or enforcement history; or
• Other complex immigration issues.

A pending application is only one piece of the analysis. The government may still review an individual’s broader immigration history when evaluating immigration benefits or enforcement considerations.

For that reason, it is important to understand the specific facts of your case before making a risk assessment.

What Should You Do While Your Application Is Pending?

If you have a pending Extension of Status or Change of Status application, consider taking the following steps:

• Keep copies of all USCIS receipt notices and filing documents readily available.
• Confirm that your application was timely filed before the expiration of your authorized stay.
• Maintain records documenting your immigration history and prior approvals.
• Understand how travel, employment, or other activities may impact your case.
• Consult with experienced immigration counsel if you have concerns regarding your specific circumstances.

Being proactive can help reduce uncertainty and identify potential issues before they become larger problems.

Navigating a Pending EOS or COS With Confidence

The recent reports involving ICE activity at domestic airports have drawn attention to a broader issue for foreign nationals: navigating life while a USCIS application remains pending.

An expired I-94 does not automatically mean an individual is unlawfully present in the United States. Rather, a timely filed Extension of Status or Change of Status application may generally allow the individual to remain in the country while USCIS adjudicates the case.

At the same time, lengthy processing delays and evolving enforcement priorities have created new questions for employers and foreign nationals alike.

The best approach is not to panic, but to be prepared. Understanding your immigration status, maintaining appropriate documentation, and seeking legal guidance, when necessary, can help you navigate this pending period with greater confidence.

If you have questions about a pending Extension of Status or Change of Status application, Berardi Immigration Law is happy to help evaluate your specific circumstances and discuss your options. Click here to book your consultation today.

FAQs

Q: Does an expired I-94 mean I’m out of status if I have a pending EOS or COS application?

Not necessarily. If you filed your Extension of Status or Change of Status application before your authorized stay expired, you generally remain in a period of authorized stay while USCIS reviews the case, even after the I-94 expiration date has passed. This is a common misconception, and the details matter, so it’s worth confirming your specific situation with an attorney.

Q: Is it safe to fly domestically while my EOS or COS application is pending?

Domestic travel doesn’t involve an application for admission to the U.S., but recent reports of increased coordination between ICE and TSA have raised questions for travelers with pending applications. It’s a good idea to speak with an immigration attorney about your current status before you travel and to carry documentation showing your case is timely filed and pending.

Q: What documents should I bring if I travel while my application is pending?

Helpful documentation can include your USCIS receipt notice, a copy of the filed petition or application, current and prior I-94 records, passport biographic pages, visa stamps (if applicable), and any prior approval notices. What’s actually needed varies by case, so it’s worth reviewing your specific documentation with counsel.