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  • Travel Within the USA with AOS Pending

    Hello All,

    I have to say I find this forum very informative and useful because of the real life experiences here.

    I came in on a B2 visa and got married to USC.
    I filed Ajdjustment of Status in June 2018 and so far I done the biometrics. My application was received by USCIS just a few days before my I-94 expired. My case status says they are ready to schedule me for interview for I-485 but it doesn?t say anything about my EAD other than that the I-765 was received and undergoing processing.

    My concern is that I have to travel out of state and I?ve heard so many stories of ICE taking people into custody at the airport and bus stations. Is it safe for me to travel across state lines when I have some a pending AOS. Has anyone with pending AOS case been stopped reported or detained during this period?

    I have asked some lawyers for advise and they just said to be on the safe side I shouldn?t travel outside the state. But this journey is of critical importance and I?m just confused on what to do.
    Concurrent filing for AOS through marriage to USC.
    Filed I-485, I-130, I-765, I-131.

    City: LA

    June 6: Application to Chicago Lockbox
    June 8: Received by USCIS
    June 8: Priority date
    June 10: Text and email for receipt
    June 15: Recvd I-797 NOA by mail
    June 22: Recvd Biometrics appointmt
    June 29: I-693 courtesy letter
    July 9: Biometrics completed
    July 19: Case ready to be scheduled for interview
    Oct 13: I-765 EAD Card in production
    Oct. 17: EAD Card mailed by USCIS

  • #2
    Originally posted by Fembun View Post
    Hello All,

    I have to say I find this forum very informative and useful because of the real life experiences here.

    I came in on a B2 visa and got married to USC.
    I filed Ajdjustment of Status in June 2018 and so far I done the biometrics. My application was received by USCIS just a few days before my I-94 expired. My case status says they are ready to schedule me for interview for I-485 but it doesn?t say anything about my EAD other than that the I-765 was received and undergoing processing.

    My concern is that I have to travel out of state and I?ve heard so many stories of ICE taking people into custody at the airport and bus stations. Is it safe for me to travel across state lines when I have some a pending AOS. Has anyone with pending AOS case been stopped reported or detained during this period?

    I have asked some lawyers for advise and they just said to be on the safe side I shouldn?t travel outside the state. But this journey is of critical importance and I?m just confused on what to do.
    You have a chance of running into ICE agents if your current location or destination is inside the 100 mile constitution free zone.
    If you must travel, I would only do so with your
    I-485 pending NOA.
    What?s your field office? Your case is moving fast.

    Comment


    • #3
      Flying within the continental US you'll be fine. My spouse and I travel frequently Vegas, Miami, DC, etc. Just out of precaution though i wouldn't venture near the borders. We've been wanting to go on vacation to Puerto Rico or Hawaii but that can wait. I'm not sure whether or not coming in from those two places would make you go through customs and my spouse just doesn't want to deal with it.

      TSA's not concerned with your I-94 they're just verifying its you however if you go through customs then you may have some inconvenience. A friend of ours just returned from her country on an AP/EAD card. She said she was held at secondary for 30mins (probably just to run checks on her) then released to complete her travel.
      Marriage based AOS concurre
      Feb 2017 - Date received
      Feb 2017 - RFE received
      March 2017 - Biometrics completed
      April 2017 - RFE response received case no longer on hold
      April 2017 - Case is being scheduled for interview
      May 2017 - AP/EAD received:
      March 2018 - AP/EAD forms sent for renewal
      Sept 2018 - AOS interview scheduled.
      Oct 2018 - AOS interview
      Nov 2018 - Green card in hand

      Comment


      • #4
        Originally posted by Randomdude View Post
        Flying within the continental US you'll be fine. My spouse and I travel frequently Vegas, Miami, DC, etc. Just out of precaution though i wouldn't venture near the borders. We've been wanting to go on vacation to Puerto Rico or Hawaii but that can wait. I'm not sure whether or not coming in from those two places would make you go through customs and my spouse just doesn't want to deal with it.

        TSA's not concerned with your I-94 they're just verifying its you however if you go through customs then you may have some inconvenience. A friend of ours just returned from her country on an AP/EAD card. She said she was held at secondary for 30mins (probably just to run checks on her) then released to complete her travel.
        you seem to know a thing or 2 about traveling. i have a question for you, when i filled my i131 i marked the box that i only planned to travel 1 time. i still doesnt have my AP but could i used more than once when i get it? i mean to get quick trips(3-4 days) to Costa Rica (family) for example?

        thanks
        Concurrent I-131, I-485(I-693), I-765 *no lawyer* by Cuban Adjustment Act (CAA)
        3/26/18 From Miami
        4/1/18 Received
        4/09/18 Credit Card Charged
        4/10/18 NoAs text & email
        4/14/28 NoAs mail I-797C
        4/27/18 Biometrics for 5/8/18
        4/30/18 Early walk-in for Biometrics
        5/1/18 Fingerprints received (by Level 2) I485 status never changed from "finger fee received"
        9/12/18 Case Approved I765 & I131
        9/19/18 Combo Card in hand
        9/22/18 SSN in hand
        1/15/19 Case Approved I485 (Interview waived)

        Comment


        • #5
          Originally posted by ppsmp2002 View Post
          you seem to know a thing or 2 about traveling. i have a question for you, when i filled my i131 i marked the box that i only planned to travel 1 time. i still doesnt have my AP but could i used more than once when i get it? i mean to get quick trips(3-4 days) to Costa Rica (family) for example?

          thanks
          You can technically use it more than once while you have it. My spouse has been advised not to travel internationally if its not necessary so we haven't tried it. Our attorney and others I've talked to have advised people waiting to adjust to just wait until we get the green card to travel internationally. Costa Rica is out of the US so you'll definitely come in contact with immigration authorities at the port of entry upon your return.

          In theory you should be able to travel abroad with it but under this political climate and the current administration you never know what can happen. For example some LPR (Lawful Permanent Resident, Green card holders) traveled to Iran before the ban kicked in but while they were on their trip the ban kicked in and upon trying to return they were denied entry. Eventually they were allowed back in however it was still a pretty bad spot to be in. Bottom line is that even people with legal authority to leave and came back were placed in an uncomfortable spot due to the sporadic decisions of the current administration.

          Of course this is not to discourage you when you do get your green card. By all means once you have your green card travel all you want to wherever you want. Just don't exceed being out the US for over 1 year or you'll have explaining to do later.
          Marriage based AOS concurre
          Feb 2017 - Date received
          Feb 2017 - RFE received
          March 2017 - Biometrics completed
          April 2017 - RFE response received case no longer on hold
          April 2017 - Case is being scheduled for interview
          May 2017 - AP/EAD received:
          March 2018 - AP/EAD forms sent for renewal
          Sept 2018 - AOS interview scheduled.
          Oct 2018 - AOS interview
          Nov 2018 - Green card in hand

          Comment


          • #6
            Originally posted by UScitizenFilingforspouse View Post
            You have a chance of running into ICE agents if your current location or destination is inside the 100 mile constitution free zone.
            If you must travel, I would only do so with your
            I-485 pending NOA.
            What?s your field office? Your case is moving fast.
            Yes, indeed. I filed from LA to the Chicago Lockbox but I don?t know if it?s same as the field office processing my case. I guess it is though I?m still confused because what I saw in my I-796 is NBC. Biometrics was done in LA
            Concurrent filing for AOS through marriage to USC.
            Filed I-485, I-130, I-765, I-131.

            City: LA

            June 6: Application to Chicago Lockbox
            June 8: Received by USCIS
            June 8: Priority date
            June 10: Text and email for receipt
            June 15: Recvd I-797 NOA by mail
            June 22: Recvd Biometrics appointmt
            June 29: I-693 courtesy letter
            July 9: Biometrics completed
            July 19: Case ready to be scheduled for interview
            Oct 13: I-765 EAD Card in production
            Oct. 17: EAD Card mailed by USCIS

            Comment


            • #7
              Originally posted by Randomdude View Post
              You can technically use it more than once while you have it. My spouse has been advised not to travel internationally if its not necessary so we haven't tried it. Our attorney and others I've talked to have advised people waiting to adjust to just wait until we get the green card to travel internationally. Costa Rica is out of the US so you'll definitely come in contact with immigration authorities at the port of entry upon your return.

              In theory you should be able to travel abroad with it but under this political climate and the current administration you never know what can happen. For example some LPR (Lawful Permanent Resident, Green card holders) traveled to Iran before the ban kicked in but while they were on their trip the ban kicked in and upon trying to return they were denied entry. Eventually they were allowed back in however it was still a pretty bad spot to be in. Bottom line is that even people with legal authority to leave and came back were placed in an uncomfortable spot due to the sporadic decisions of the current administration.

              Of course this is not to discourage you when you do get your green card. By all means once you have your green card travel all you want to wherever you want. Just don't exceed being out the US for over 1 year or you'll have explaining to do later.
              My husband and I have flown internationally to Europe two times on AP. Clearing customs once in Houston and once in NYC-JFK. I will say JFK was far easier if you have that option or want to go out of the country. Litearlly took us 7 minutes to clear immigration. Quicker than it has even taken me as a US citizen to get back in. In Houston, my husband was taken into another room for the next level of security.

              Anway... just food for thought

              Comment


              • #8
                Originally posted by Fembun View Post
                Hello All,

                I have to say I find this forum very informative and useful because of the real life experiences here.

                I came in on a B2 visa and got married to USC.
                I filed Ajdjustment of Status in June 2018 and so far I done the biometrics. My application was received by USCIS just a few days before my I-94 expired. My case status says they are ready to schedule me for interview for I-485 but it doesn?t say anything about my EAD other than that the I-765 was received and undergoing processing.

                My concern is that I have to travel out of state and I?ve heard so many stories of ICE taking people into custody at the airport and bus stations. Is it safe for me to travel across state lines when I have some a pending AOS. Has anyone with pending AOS case been stopped reported or detained during this period?

                I have asked some lawyers for advise and they just said to be on the safe side I shouldn?t travel outside the state. But this journey is of critical importance and I?m just confused on what to do.
                Running into ICE in the current immigration climate, without a valid visa, GC or citizenship is always risky. When ICE were tasked with specifically aiming towards criminals etc, the likelihood of ICE giving you an issue was slim, especially with your I-485 NOA in hand.

                Since you say your I-94 has expired, even though you have a pending AOS case, you are still technically deportable, so ICE have the full authority to detain you and set you into removal proceedings. Whether that happens or not is anyone's guess I'm afraid. The best you can hope for is that if you are stopped, the ICE officer is familiar with the process and the NOA and allows you to go on your way.
                Marriage AOS - 2018

                4-10: Sent to Chicago Lockbox
                4-12: Arrived in Chicago
                4-14: Picked up by USCIS
                4-19: Email & text notifications received
                4-23: I-797 Receipts received
                4-27: Biometrics notice received
                5-10: Courtesy letter for I-693
                5-11: Biometrics completed
                6-04: Interview scheduled
                6-09: Received interview letter
                7-10: Interview complete & approved, status change to New Card being Produced
                7-13: Card was Mailed
                7-18: Green Card in Hand

                Comment


                • #9
                  Originally posted by Fembun View Post
                  Hello All,

                  I have to say I find this forum very informative and useful because of the real life experiences here.

                  I came in on a B2 visa and got married to USC.
                  I filed Ajdjustment of Status in June 2018 and so far I done the biometrics. My application was received by USCIS just a few days before my I-94 expired. My case status says they are ready to schedule me for interview for I-485 but it doesn?t say anything about my EAD other than that the I-765 was received and undergoing processing.

                  My concern is that I have to travel out of state and I?ve heard so many stories of ICE taking people into custody at the airport and bus stations. Is it safe for me to travel across state lines when I have some a pending AOS. Has anyone with pending AOS case been stopped reported or detained during this period?

                  I have asked some lawyers for advise and they just said to be on the safe side I shouldn?t travel outside the state. But this journey is of critical importance and I?m just confused on what to do.
                  While my AOS were pending i traveled all over the places due to nature of work WITHIN US without any issues.

                  Comment


                  • #10
                    Trabelling within the USA with AOS Pending

                    [QUOTE=Fembun;574915]Hello All,

                    I have to say I find this forum very informative and useful because of the real life experiences here.

                    I came in on a B2 visa and got married to USC.
                    I filed Ajdjustment of Status in June 2018 and so far I done the biometrics. My application was received by USCIS just a few days before my I-94 expired. My case status says they are ready to schedule me for interview for I-485 but it doesn?t say anything about my EAD other than that the I-765 was received and undergoing processing.

                    My concern is that I have to travel out of state and I?ve heard so many stories of ICE taking people into custody at the airport and bus stations. Is it safe for me to travel across state lines when I have some a pending AOS. Has anyone with pending AOS case been stopped reported or detained during this period?

                    I have asked some lawyers for advise and they just said to be on the safe side I shouldn?t travel outside the state. But this journey is of critical importance and I?m just confused on what to do.


                    Hi did you travel already i?m planning to travel within USA too my flight is on Sept 6 any advice.? We have the same situation.
                    Thanks

                    Comment


                    • #11
                      I have since traveled by air on three different occasions without any problem
                      Concurrent filing for AOS through marriage to USC.
                      Filed I-485, I-130, I-765, I-131.

                      City: LA

                      June 6: Application to Chicago Lockbox
                      June 8: Received by USCIS
                      June 8: Priority date
                      June 10: Text and email for receipt
                      June 15: Recvd I-797 NOA by mail
                      June 22: Recvd Biometrics appointmt
                      June 29: I-693 courtesy letter
                      July 9: Biometrics completed
                      July 19: Case ready to be scheduled for interview
                      Oct 13: I-765 EAD Card in production
                      Oct. 17: EAD Card mailed by USCIS

                      Comment


                      • #12
                        I just came back from NY, and it was very smooth.
                        In and out of San Francisco and New York was very smooth.
                        I didn?t feel anxious at all.
                        But then again, I had all copies of my receipts with me. Just to be on the safe side.
                        B2; AoS; Same-Sex Marriage:USC
                        FO SanFrancisco

                        3/30/18 PD
                        4/20/18 Received 4 letters
                        5/04/18 Walk In Biometrics
                        5/14/18 Status update-CaseTracker, "Ready to be scheduled for interview"
                        9/08/18 New card being produced-CaseTracker
                        9/11/18 EAD/AP approved-uscis.gov
                        9/12/18 Received tracking number for EAD/AP card
                        9/14/18 Received EAD/AP
                        9/17/18 Received Social Sec card
                        2/17/19 Traveled abroad
                        3/04/19 Paroled back in country using EAD/AP
                        3/11/19 Submitted renewal of EAD/AP

                        Comment


                        • #13
                          hi guys, want to know what type of documents did tsa ask for? My wife have a federal limited apply california driver license, does that work or her passport? But the visa on the passport has expire, does that matter? Thank you very much

                          Comment


                          • #14
                            Originally posted by mavs180 View Post
                            hi guys, want to know what type of documents did tsa ask for? My wife have a federal limited apply california driver license, does that work or her passport? But the visa on the passport has expire, does that matter? Thank you very much
                            A non-REAL-ID driver's license works for boarding flights until October 2020. Her passport also works; visa is irrelevant.

                            This is my personal opinion and is not to be construed as legal advice.

                            Comment


                            • #15
                              Originally posted by newacct View Post
                              A non-REAL-ID driver's license works for boarding flights until October 2020. Her passport also works; visa is irrelevant.
                              so meaning that they really only need some form of picture ID to verify right? Thanks

                              Comment

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