Stuck in Texas, Surrounded by Border Patrol Checkpoints.

[birdbirdbird 0]

My wife and I (I am a US citizen) got married in Asheville (where much of my family lives) and were on our little honey moon road-trip back to Los Angeles when, going through Texas, we got stopped at an immigration checkpoint. Due to my wife being out of status (details in the link below) they said we needed to file our paperwork immediately (which we had mostly prepared and presented to them) or we would be detained at the next checkpoint. We did so the following morning (today) -packages I-130, I-485 and form I-765.

Details of my wife being out of status:

http://www.visajourney.com/forums/topic/400481-aos-from-overstay-f1-visa/

Today, we went through another checkpoint and despite having proof of mailing the package this morning via USPS (and an exact copy of the package we mailed), they said we needed to get an I-797 Notice of Action before we could continue our travel back to Los Angeles. However, reading on the USCIS website, it says that the 797 form doesn't actually protect my wife in any way although some agencies may honor it to pass through checkpoints:

"USCIS recognizes that some state, local, public, or private benefit granting agencies may accept Form I-797C as collateral evidence for awarding a benefit they administer. USCIS reminds those agencies that Form I-797C is only a receipt proving an applicant has submitted a benefit request; USCIS has not determined whether that applicant is eligible for an immigration benefit."

They released my wife, but not without first threatening to send her to a detention center in El Paso. They warned us that the next checkpoint we encountered may not let us (her) pass. They assured us that the I-797 would 100 percent secure her passage (despite what I learned by reading the USCIS website afterwards), just as the first checkpoint had assured us that showing proof of mailing the application would keep us safe on our way back to LA.

At the moment, we are in Alpine, TX -as far as we know- surrounded by checkpoints in every direction but south.

Because of the severity of the potential consequences and the different, seemingly inaccurate processes each checkpoint has told us to keep us "safe," does anyone have any experience or knowledge to help us plan a course of action to return home safely to Los Angeles?

Thank you so much for any insight!

[hmh33 117]

Charter flight? That sounds ridiculously unconstitutional. Might just be some agents power-tripping, who knows...

[Hypnos 6,578]

She's out of status, so you're fortunate that they didn't arrest her on the spot for violating immigration law. They would have been well within their rights to do so, and you would now have a much bigger problem on your hands.

Regardless, once her I-485 is accepted for processing by USCIS then she enters a new period of authorised stay that persists until her application is finally adjudicated. Once you receive the receipts she should carry a copy of the NOA for her I-485 as proof that her AoS application is pending. Proof of mailing the application is not the same thing as proof of acceptance by USCIS.

You could sit tight where you are, plan a path around their checkpoints (their locations are documented) or maybe just fly back to LA.

Edited May 4, 2013 by Hypnos

[Darnell 8,479]

Alpine? Drive to Dallas, ditch the car, get on a plane, get back to home.

and ...

Welcome to Texas !! Hurry up, leave already !! We hate illegals here, round the border towns.

Still stuck in Alpine, you say ?

http://www.megabus.us/ - CBP doesn't mess with the MegaBus!

PS - whilst yer still sitting there, redo/delete/make a new timeline over at http://www.visajourney.com/timeline/profile.php?id=147221

as yer current timeline is fraught with errors.

PPS - Asheville, North Carolina, you say? If only you had shifted yer trek west by 'two states north', coming through Tennesse, Kansas, etc,

you wouldn't have these problems.

Taiwan is now a VWP country to the USA. What's going on with all this cross-country treking, on you, anyway? Gas is expensive, you should have taken the MegaBus to get back to LA.

Edited May 4, 2013 by Darnell

[ImmemorialN 7]

I'd say definitely take a flight. Then wait for the NOAs from USCIS to arrive and keep them with you whenever you're traveling.

Sounds like you've actually been lucky, given that your wife was out of status - while overstay is forgiven for direct relatives, just the marriage alone wouldn't have protected her!

[BlueDevil 61]

I agree too. At the very least have your wife take a flight home and you can drive the rest of the way. You have been fortunate that she didn't get detained and I wouldn't push my luck if I were you. Last thing you need is for her to get detained.

[lobbynoise 1]

You obviously cleared the Alpine Checkpoint, that means you can head directly north, first to Ft Stockton and then Pecos. Take i-20 eastbound to the road to Hobbs, NM. Keep going north from there to I-40. Don't go west until you hit I-40 or else you run the risk of hitting a CBP checkpoint

[huongkhin 9]

I was passing through that area without my green card once. Samething happened but they let me go because I have a valid DL.

[birdbirdbird 0]

Thank you everyone!

We made our way north to Midland, TX (where we contemplated flying my wife out to LAX), but then decided to make our way north through New Mexico, and then to Colorado. From there we made our way back to Los Angeles via Vegas. We ran into two agricultural checkpoints, but no one was there to check vehicles.

Today we received our 797 notice of action for our I-130, I-485, and I-765 applications... needless to say, we are happy about that and will also not be travelling anywhere for a while!

Thanks again!

Sam and Hsing-I

[ImmemorialN 7]

Glad to hear that you made it back safe & sound! Keep those receipt notices safe!

[Ontarkie 14,376]

~~Hijack post removed. Please start your own thread if you have questions about your own case.~~