Traveling in the US

[da.brown..m1]

My wife just received her Work Permit/AP card a few weeks ago. Previously we couldn't travel even within the US **** she had overstayed her visa, were told it was safer to just wait until we received her green card.

Although now that she has approved advanced parole and work permit, I don't see why she couldn't travel within the US. We want to take a quick weekend vacation this weekend but don't want any issues when crossing border checkpoints.

Have been hesitant to use the advanced parole to travel to her home country of Mexico for fear of being denied entry when we come back, travel via land.

Thank you.

[harry1983]

My wife just received her Work Permit/AP card a few weeks ago. Previously we couldn't travel even within the US **** she had overstayed her visa, were told it was safer to just wait until we received her green card.

Although now that she has approved advanced parole and work permit, I don't see why she couldn't travel within the US. We want to take a quick weekend vacation this weekend but don't want any issues when crossing border checkpoints.

Thank you.

Should not be an issue to travel within US, also your wife can apply for DL with I-766 form which is EAD/AP card.

[longee94]

My wife just received her Work Permit/AP card a few weeks ago. Previously we couldn't travel even within the US **** she had overstayed her visa, were told it was safer to just wait until we received her green card.

Although now that she has approved advanced parole and work permit, I don't see why she couldn't travel within the US. We want to take a quick weekend vacation this weekend but don't want any issues when crossing border checkpoints.

Thank you.

So long as you are not crossing international boarders, you shouldn't have had any problems with travelling. The same would also be true once you recieved your I797-NOA1 which is evidence that you are officially in the AOS process.

[da.brown..m1]

Thank you for the comments, we were told by friends that since she overstayed the visa that she could have been detained at us border checkpoints.

Glad to know she is ok to travel after even the I797, also thanks for the info on DL. Going to look into that now, does the I-766 need to be sent to USCIS and then on reply we can get her DL?

[harry1983]

My wife just received her Work Permit/AP card a few weeks ago. Previously we couldn't travel even within the US **** she had overstayed her visa, were told it was safer to just wait until we received her green card.

Although now that she has approved advanced parole and work permit, I don't see why she couldn't travel within the US. We want to take a quick weekend vacation this weekend but don't want any issues when crossing border checkpoints.

Thank you.

Thank you for the comments, we were told by friends that since she overstayed the visa that she could have been detained at us border checkpoints.

Glad to know she is ok to travel after even the I797, also thanks for the info on DL. Going to look into that now, does the I-766 need to be sent to USCIS and then on reply we can get her DL?

I-766 is your EAD/AP card.
You need to go to DMV and show card which should be an evidence of lawful presence in US, they will renew DL. (check your state requirements). I assume she had DL before.
At least i did like this.

[longee94]

I-766 is your EAD/AP card.
You need to go to DMV and show card which should be an evidence of lawful presence in US, they will renew DL. (check your state requirements). I assume she had DL before.
At least i did like this.

That is correct. Once USCIS has sent the EAD/AP card you take it to the DMV (with the other required documents) and they can issue a drivers liscence. Be aware that you may need to take a road and theory test. Some states will issue a drivers liscence based of the i797 showing you are in the AOS process.

[da.brown..m1]

Thank you so much for the info, will use her ead/ap card to get her license. She had one in Mexico, but even if she needs to take road/theory test she will be fine.

SO just to be certain, when at a border patrol checkpoint we just give her EAD/AP card and are good to go?

[newacct]

Neither EAD nor AP has anything to do with being able to stay in the US. EAD is for work. AP is for re-entering the US. It's the fact that she has a pending I-485 (Adjustment of Status) that she can stay in the US. She didn't need an EAD or AP to be able to stay in the US or travel around the US. If she goes through a CBP interior checkpoint, she shows them her I-485 receipt, and they can look up her application to verify that it's still pending if they wish. How long she may have been out of status before filing I-485 is irrelevant.

[ChicagoVB]

My husband traveling all the time with me before we were married and he was out of status. They just check your state ID / DL / Passport when going through security - there is no border control