passing internal checkpoint

[Winning 2]

hello everyone, one quick question. What should I answer if I am traveling by car and happen to go through an internal checkpoint and I only have my EAD?

[Barbara J 115]

hello everyone, one quick question. What should I answer if I am traveling by car and happen to go through an internal checkpoint and I only have my EAD?

You cannot leave the USA until you get GC

[Winning 2]

You cannot leave the USA until you get GC

I know I cannot leave the US...What i am saying is those checkpoints located between 25 and 75 miles from the border some times called tactical checkpoints

[Ning 619]

I know I cannot leave the US...What i am saying is those checkpoints located between 25 and 75 miles from the border some times called tactical checkpoints

You may be asked where you were born. That answer may lead to another question about your legal status here. Your EAD may help but you already know you should have your green card with you. They will ask you why you dont. That answer will determine what action they take.

In a case here in Az where this happened the immigrant was taken into custody & held until the green card could be produced & a birth certificate as well. That took them 3 days. Its possible you wont make it past the check point.

Edited May 29, 2011 by Ning

[Winning 2]

You may be asked where you were born. That answer may lead to another question about your legal status here. Your EAD may help but you already know you should have your green card with you. They will ask you why you dont. That answer will determine what action they take.

In a case here in Az where this happened the immigrant was taken into custody & held until the green card could be produced & a birth certificate as well. That took them 3 days. Its possible you wont make it past the check point.

What if I have the i485 pending and I take that along with me? What if I am offered a job at a company and due to the location I have to go through one of these interior checkpoints...doesn't the EAD give people the right to be in the country and work anywhere?

[Ning 619]

What if I have the i485 pending and I take that along with me? What if I am offered a job at a company and due to the location I have to go through one of these interior checkpoints...doesn't the EAD give people the right to be in the country and work anywhere?

I dont work for the U S Border Patrol. My answer is based on my husbands personal experiance in going thru these exact check points you speak of.

I should have realised you dont have a green card yet. No the EAD doesnt give you the right to be in the country as far as I know. That is what your visa is for. The EAD allows you to work anywhere. The visa allows you to live within the USA. It isnt a right; rather the privilage.

If there is any question about your status you should carry your passport, birth cert & marrige license especially in Az.

[Winning 2]

I dont work for the U S Border Patrol. My answer is based on my husbands personal experiance in going thru these exact check points you speak of.

I should have realised you dont have a green card yet. No the EAD doesnt give you the right to be in the country as far as I know. That is what your visa is for. The EAD allows you to work anywhere. The visa allows you to live within the USA. It isnt a right; rather the privilage.

If there is any question about your status you should carry your passport, birth cert & marrige license especially in Az.

how can someone get approved to work in the US but not have the right to be in the country?

[mof 15]

Interestingly enough, I ran into an internal checkpoint while my case was pending. I had no actual paperwork with me that would have shown my legal status in the US and I had the very same fears that you express, even more so since I had my daughter in the car with me and kept thinking about what would happen to her if police held me while determining my status.

So, I got pulled over and was asked for my drivers license. I had been in the US as an F-1 student until about eight years ago and still have a valid US drivers license, which I showed. I also have a very negligible accent and 90% of individuals have no idea that I was not born and raised here. If they detect something, they usually believe it's because I am from "up north" - I live in GA and have a NY license, apparently making this a tenable scenario.

To make a long story short, I handed over my license, was asked if I lived in Georgia - to which I answered that I did not (legally, I was not a resident of the US and hence, certainly not of Georgia either) but that my wife did. And that was it.

At our USCIS interview, I asked the IO what the proper protocol would be. She told me that I simply had to make sure I didn't get pulled over until I had my GC in hand... Great!

[Ning 619]

how can someone get approved to work in the US but not have the right to be in the country?

Immigration into the USA is a privilage granted to people by the US government. The visa is proof of the privilage. Just because someone has a visa doesnt mean they have the right to work. The AOS process allows people to be grant the privilage of become a legal resident. That residency allows them the right of working. The EAD is a temporary card allowing people to work legally until they have a green card.

I copied this from a legal web site:

An immigrant visa. Allows an alien to become a lawful permanent resident of the U.S. and to work legally, travel abroad and return, bring in a spouse and children and become eligible for citizenship.

A green card is a term used for the alien registration card that is carried by permanent resident aliens in the United States. Permanent resident status is a first step in becoming a naturalized citizen. It is evidence of a person's status as a lawful permanent resident with the right to live and work permanently in the United States. There is no time restriction, as long as the Green Card holder is a permanent resident of the USA.

[JimVaPhuong 4,863]

how can someone get approved to work in the US but not have the right to be in the country?

They can't. They must be authorized to be in the US at the time they are approved for an EAD. However, their authorized stay can be terminated before the expiration date on the EAD, which would make the EAD void. The EAD was never intended to be used as proof that you are in the US legally. In fact, it says right on the back of the card "This card is not evidence of US Citizenship or Permanent Residence."

You are in a period of authorized stay while your I-485 is pending. The I-797C receipt notice for the I-485 is proof of this. Keep this receipt notice with you if you travel near any internal checkpoints, as well as some form of identification. CBP or ICE can run your "A" number to verify that you are lawfully present.

[Winning 2]

They can't. They must be authorized to be in the US at the time they are approved for an EAD. However, their authorized stay can be terminated before the expiration date on the EAD, which would make the EAD void. The EAD was never intended to be used as proof that you are in the US legally. In fact, it says right on the back of the card "This card is not evidence of US Citizenship or Permanent Residence."

You are in a period of authorized stay while your I-485 is pending. The I-797C receipt notice for the I-485 is proof of this. Keep this receipt notice with you if you travel near any internal checkpoints, as well as some form of identification. CBP or ICE can run your "A" number to verify that you are lawfully present.

Thank you for that explanation JimVAPhuong,

Someone finally gave me some type of knowledge about the issue, there are many people in this forum but not many can give good insight on the questions asked.

[Winning 2]

this is what I am understanding to do if I were to go through these internal checkpoints. Keep the receipt notice I-797C the I-485 with me at all times and always have the EAD with me and if possible have another form of identification

[Ning 619]

Thank you for that explanation JimVAPhuong,

Someone finally gave me some type of knowledge about the issue, there are many people in this forum but not many can give good insight on the questions asked.

You were given correct answers to your questions. The fact that you cant understand the info is a reflection of your ability to comprehend what was said.

As Jim said the answer you seek is on the back of the EAD card. "The EAD was never intended to be used as proof that you are in the US legally. In fact, it says right on the back of the card "This card is not evidence of US Citizenship or Permanent Residence".

[Winning 2]

You were given correct answers to your questions. The fact that you cant understand the info is a reflection of your ability to comprehend what was said.

As Jim said the answer you seek is on the back of the EAD card. "The EAD was never intended to be used as proof that you are in the US legally. In fact, it says right on the back of the card "This card is not evidence of US Citizenship or Permanent Residence".

I'm sorry but you gave opinions that never answered my questions...do not say I don't understand the info...because with your type of opinions one can never understand were you are going...you never answered the question as Jim has.Don't assume to know that the person asking a question has their card in hand.The reason people post things in this forum is to hopefully get some type of insight through other peoples experiences. If you don't have that insight don't answer questions

[Ning 619]

I'm sorry but you gave opinions that never answered my questions...do not say I don't understand the info...because with your type of opinions one can never understand were you are going...you never answered the question as Jim has.Don't assume to know that the person asking a question has their card in hand.The reason people post things in this forum is to hopefully get some type of insight through other peoples experiences. If you don't have that insight don't answer questions

Yes I did & I stand by what I said. Not have the card in your hand doesnt relieve you of the responcibility to know what it says in clear plain English. I do have the insite but wont respond to you again. I actually feel sorry for you. Just pull up to the check points you fear & see how it goes. If you had a clue about your own situation you wouldnt need to post on a public forum.

Good luck

Edited May 29, 2011 by Ning