Can I fly domestic with a foreign passport and no visa

[Catherina 0]

I overstayed my visa and recently filed to adjust status through my spouse. My luggage got stolen and I lost all immigration documents including my passport with expired visa. I went to my consulate to apply for a new passport. My son just had a liver transplant and I have to fly home to Oregon from San Jose.  I recently received my notice of action from USCIS that they got my application. My aunt said I shouldn't risk flying home with my passport as they will check for visa since it's a foreign passport. I have no ID whatsoever. Except for a foreign ID. Do you think it's safe for me to fly with my foreign passport and notice of action in hand. Also my passport has my maiden name and my notice of action has my married name.

[Penguin_ie 5,993]

You have currently a pending AOS, so until that is approved or denied, you are allowed to stay in the USA, you will be fine travelling.

[Catherina 0]

6 hours ago, Penguin_ie said:

You have currently a pending AOS, so until that is approved or denied, you are allowed to stay in the USA, you will be fine travelling.

Is the AOS the notice of action??

[Penguin_ie 5,993]

AOS = Adjustment of Status.

[Catherina 0]

44 minutes ago, Penguin_ie said:

AOS = Adjustment of Status.

I dont know if I have an AOS I just got q notice or action. Like the first receipt they send you acknowledging that they received your application

[NikLR 13,227]

You are married correct?  You filed paperwork so you can stay in the USA?  That means you are "adjusting your status."  Your status before, was illegal.  You overstayed your visa that you entered with (tourist, work, student, etc.)  So you are adjusting your status so that you are no longer an illegal alien (or a tourist, student etc..) to legal permanent resident, aka green card holder, aka legal alien. 

 

The notice was a NOA1 or notice of action.  It means they received your petitions and will work on them when they get to them. 

[Catherina 0]

7 minutes ago, NikLR said:

You are married correct?  You filed paperwork so you can stay in the USA?  That means you are "adjusting your status."  Your status before, was illegal.  You overstayed your visa that you entered with (tourist, work, student, etc.)  So you are adjusting your status so that you are no longer an illegal alien (or a tourist, student etc..) to legal permanent resident, aka green card holder, aka legal alien. 

 

The notice was a NOA1 or notice of action.  It means they received your petitions and will work on them when they get to them. 

Yes, do you think I'm safe to fly?

[Catherina 0]

12 minutes ago, CookieCat said:

Do you have a California driver's license? 

No I don't since I'm a resident of Oregon. I don't have any valid state id

[NikLR 13,227]

6 hours ago, Catherina said:

Yes, do you think I'm safe to fly?

Yes you are flying domestically and are in an authorized period of stay.  I do suggest requesting a new NOA1 for your I-485 from the USCIS, printing off your emailed or text message NOA1,  and/or your case status as per the USCIS website.  

[Catherina 0]

6 hours ago, NikLR said:

Yes you are flying domestically and are in an authorized period of stay.  I do suggest requesting a new NOA1 for your I-485 from the USCIS, printing off your emailed or text message NOA1,  and/or your case status as per the USCIS website.  

What is a NOA1??? I have the i-797C notice of action. It however states on the header. This notice does not grant any immigration status or benefits 

[Catherina 0]

1 hour ago, Dee elle said:

NOA 1 is the Notice of Action paper ... the I797C  .... that tells you they have received your paperwork. You have this.  The statement on it is correct .. it only says they have received the petition, not that they have approved it! 

 

The NOA1  gives you legal right to stay only until the petition is decided. If the petition is rejected you must leave the country, if it is granted you will receive legal resident status. Until then , you wil be in legal no mans land!! and your lack of status is ok. 

So I'm good to fly then with the notice of action in hand?

[NikLR 13,227]

5 hours ago, Dee elle said:

NOA 1 is the Notice of Action paper ... the I797C  .... that tells you they have received your paperwork. You have this.  The statement on it is correct .. it only says they have received the petition, not that they have approved it! 

 

The NOA1  gives you legal right to stay only until the petition is decided. If the petition is rejected you must leave the country, if it is granted you will receive legal resident status. Until then , you wil be in legal no mans land!! and your lack of status is ok. 

NOA1 for the I-130 grants no legal status. 

NOA1 for the I-485 allows for a period of authorized stay while they adjudicate this

 

you should have at least 2 NOA1 (I-797C Notice of action) if you are adjusting your status.  Preferably you should have 4.  One for the I-130, one for the I-485, one for the I-131, and one for the I-765.

 

OP I hope you have a lawyer helping you.