Has anyone successfully crossed inland border checkpoint with no status?

[art1234 14]

33 minutes ago, Jorgedig said:

Does not matter.  You are not authorized to work (including remotely) without your EAD.

Where in law does it state it specifically? All I find is one can’t work for US employer and/or draw income from any US entity. 
what if I had business or stocks or any other passive income in my home country or any other country in the world? 
If it is actually illegal I’ll happily leave and never look back as I’m realising laws in US are complete mess. 

[art1234 14]

43 minutes ago, Lucky Cat said:

Unclear?  Any non-immigrant whose I-94 has expired is subject to removal.  Once you file a proper I-485, you will be granted "authorized stay" until the I-485 has been either approved or denied.

Yea seeing from that perspective it is very clear. All the visa guidance places I followed could add this so I would’ve never done this in first place. Shame. 

[davidvs 337]

19 minutes ago, art95 said:

If it is actually illegal I’ll happily leave and never look back as I’m realising laws in US are complete mess. 

Your wife is ok with relocating?

[art1234 14]

3 minutes ago, davidvs said:

Your wife is ok with relocating?

Yea she likes it better in EU as well. We’re questioning why are we here every day 😂

[SalishSea 17,829]

1 hour ago, art95 said:

Where in law does it state it specifically? All I find is one can’t work for US employer and/or draw income from any US entity. 
what if I had business or stocks or any other passive income in my home country or any other country in the world? 
If it is actually illegal I’ll happily leave and never look back as I’m realising laws in US are complete mess. 

At this point, you're two for two on violations with both failing to maintain status, and working without authorization.

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4#footnote-16

[SalishSea 17,829]

1 hour ago, art95 said:

Yea seeing from that perspective it is very clear. All the visa guidance places I followed could add this so I would’ve never done this in first place. Shame. 

Huh?  It's very well spelled out on USCIS.gov.

 

It is no one else's fault than your own that you failed to learn and abide by the rules.

[SalishSea 17,829]

3 hours ago, art95 said:

Just hoping I won't get detained for too long and will be able to voluntarily leave the country for good.

 

CBP is not going to prevent you from leaving the US.

[art1234 14]

10 minutes ago, Jorgedig said:

At this point, you're two for two on violations with both failing to maintain status, and working without authorization.

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4#footnote-16

It doesn’t seem like it is end of the world case either. 
https://www.nolo.com/legal-encyclopedia/if-the-i-94-k-1-visa-expired-can-i-still-adjust-status.html

 

7 minutes ago, Jorgedig said:

Huh?  It's very well spelled out on USCIS.gov.

 

It is no one else's fault than your own that you failed to learn and abide by the rules.

USCIS does not state that you must file for AOS before 90 days are up. It states “as soon as possible” which in my case has been technically impossible since my wife lost her income when COVID came (she’s trying to find job all this time) and we don’t have eligible co-sponsor. We also wouldn’t want to get denied on income merits. It is sad that it’s not allowed for the alien side to sponsor and I’ve seen similar cases. 

And about the remote work part my lawyer have stated to me, it is grey area and it should be forgiven at the end of the day when applying for AOS. Hell, some people have gotten away with working in US illegally while waiting to file for AOS or while in process, and USCIS forgives it. As there is no law specifically preventing remote work for foreign company with wages and taxes being dealt in foreign country.

There’s frankly just bunch of different opinions and not one precedented court ruling yet.
And I’ve seen dozens of other cases where someone kept working remotely without any real consequences. 
In essence I’m not taking anyone’s job away here in US plus I’m spending money made in U.K. and Latvia. So I don’t see how it would be wrong morally. 

[SalishSea 17,829]

OP, you came here to ask if there could be consequences of being near border checkpoints while being out of status.  The answer is yes.

 

You can take that or leave it.

[art1234 14]

15 minutes ago, Jorgedig said:

OP, you came here to ask if there could be consequences of being near border checkpoints while being out of status.  The answer is yes.

 

You can take that or leave it.

Of course that is 100% bad idea and I shouldn’t had even thought of that. Thanks for pointing out exactly what and why would get me in trouble. Also sorry for my defensive tone. 

[Crazy Cat 41,855]

12 hours ago, art95 said:

The only thing that keeps me here is all the effort made to be here would go to waste

Life is too short to stay miserable......seek your own happiness.....wherever that is.  Good luck.

[Duke & Marie 1,389]

11 hours ago, art95 said:

Yea she likes it better in EU as well. We’re questioning why are we here every day 😂

Hearing you, hubby and I are considering the same... my recommendations below

1. Use stimulus check to file I-485/EAD etc using her prior tax returns to sponsor, using prior returns gives her time to find a new job etc before proving current income at the interview, at worse it will result in an RFE or possible denial of I-485 BUT it will give you legal status in the mean time (possible for 12 months or more)

2. Use the time provided by I-485 to find work here in US for the both of you, and possibly an additional sponsor.. also use this time to fingered out if in fact you both want to stay in the US

3. If during this time you decide you both want to leave, file her paperwork for immigration to your home country, that way if I-485 is denied, you’ve got the option of leaving together rather than spending more time apart. 
 

whatever you decide, good luck, but please do something about your status, limbo isn’t much fun

[HRQX 4,145]

1 hour ago, Duke & Marie said:

Use stimulus check to file I-485

That is a good point. If OP applied for and received SSN in the first 76 days of status then OP can also claim "Recovery Rebate" credit on the joint return. 

Line 30 "Recovery rebate credit. See instructions."

OP is a resident alien for tax purposes because of the Substantial Presence test: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

[Co6aka 18]

Why do people do this...???   (Where is the shoulder-shrug smiley?)  Anyway...

 

If you'd filed AOS already then you'd likely have your EAD already, which would mean your foreign income is "legal" and could be included toward household income. It would also mean that you could also look for additional local income. Also, you and your spouse can use assets to offset lack of income, and your foreign assets can be included with proper documentation; ownership and appraisal. Either the pandemic will end or modern civilization will end, so either way the current financial situation isn't significant. Plus, the I-944 can be very helpful if you have any education, professional skills/experience, licenses/certifications, etcetera, and foreign income.

 

As for trying to hack it out here in the USA... My gross income is down more than 95% due to the pandemic, and so far the only "pandemic assistance" I've received from anywhere, except for the local food pantry, is the HUGE middle finger. Since March 2020 I've put $25K on credit cards paying for basic survival, while a great many have been enjoying their pandemic assistance. (Do people have any idea what it costs to live in NYC when you're NOT a public charge???) I shut down my S-corp business on 12/31/2020 because it was costing me about $500/month in personal debt having to pay it's basic survival/existence expenses. BUT... My wife and I married in April 2020, and we filed as soon as we had all the paperwork together, which was at the end of August. It took what seemed like forever amid the pandemic to get her documents sent from Russia, then have them professionally translated, then her masters degree accredited here, but we did it. And I had to amass a lot of documentation too; I included literally everything I own as an asset. Considering all the pandemic-related shutdowns and delays, it'll probably be two years before we're interviewed, so the next step has been to rebuild life somehow. USCIS is concerned with a potential immigrant becoming a public charge, and those who act swiftly and strongly are much less likely to become a public charge, plus they've demonstrated that unlikeliness. Those who sit around doing little to nothing are demonstrating the opposite. My wife received her EAD at the beginning of February, and her SSN two days ago, and is now searching/applying for work. If we could do what we've done then anyone can do it.

 

Otherwise... If moving abroad provides better circumstances and/or more opportunities then start taking any necessary actions. We thought about it and discussed it at length, but decided we're better off staying put and duking it out here.

 

Ya gotta think, a lot, then rock, rattle and roll.

[JeanneAdil 6,505]

others have answered the serious part about the AOS

but to your original topic this is the map of inland borders and if you look closely at Austin TX on the map, it is northeast of San Antonio,  so drive the northern route (long way around thru Vegas ) and avoid the checkpoints

 

there is a map of checkpoints on the internet

there is even an internet site giving you the routes to take to avoid them

 

and sorry u are unhappy in the US but seems your issue may be due to money and work and that is affecting the entire world with so many businesses closed