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Traveling within USA and AOS

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  • Traveling within USA and AOS

    Hi my partner and I are getting married soon and plan to file paperwork to start the visa process once we’re married.

    i came here on the visa waiver program and overstayed 4 years ago(before we started dating) I understand I will have To apply for adjustment of status.

    we plan to go on a honey moon to Southern California (driving) and we will encounter an immigration checkpoint if/when leaving San Clemente. If we get stopped what happens if

    - I have submitted AOS paperwork and not yet gotten a response

    - I have submitted AOS paperwork and been approved

    in either of these situations can I still be detained by ice?

  • #2
    you can be detained by ICE at any time. You are however very low on their totem pole that it is unlikely. Wait until you get your i-797 NOA before you travel just to be safe.

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