Travel while I-539 case pending for J1 to B2 Visa

[IncessIrish 0]

Hi all,

I was wondering if someone could give me some advice or information regarding my situation.

I came to the United State under a J1 Visa, which expired at the end of December 2015. During my 30 day grace period, I filed to change my status from J1 to B2 Visa. I received my Receipt(NOA1) before my grace period ended (January 30, 2016). My question is, Can I travel to Hawaii for a wedding while my case is pending? My passport indicates that my Visa has expired, and the only paper I have from USCIS is the NOA1. My state ID has also expired, so I would be using my passport when traveling. Would it be a problem if I traveled to Hawaii, in terms of getting through security?

According to the USCIS website, If I filed my extension in a timely manner, I can stay in the United States while my case is pending. On the USCIS website, it states:

"Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending."

My Uncle has advised me not to travel because it says that DHS may bring a removal proceeding against me, based on what the site says. Does anyone have any experience or advice regarding this situation? Or does anyone know if there is a number I can call to find out if I can travel while waiting for my case to be approved or denied?

Thanks so much!

[Hypnos 6,576]

You are in a grey area of lawful presence known as "tolling". This means you have filed to change/extend your lawful period of nonimmigrant stay (which has now expired), but your application has not yet been adjudicated by USCIS.

Since Hawaii is a US state you should be able to travel to and from there from the continental US without issue, using your valid foreign passport as ID. I would strongly urge you to also carry a photocopy of your I-539 NOA in case CBP decide to come sniffing around you (unlikely, but it's happened to others).

Likely, nothing will happen, and you will have no issues.