Travelling to the U.S (in transit) while waiting for the green card.

[Tomaso11 2]

Hello, I am planning to go on a trip overseas from Australia to meet up with my girlfriend in Mexico, but have to transit through the united states for a few hours first. Last time I went to the united states for 3 months and was questioned heavily about my relationship with my american girlfriend. I have since been selected for further processing in DV22 and have submitted my DS-260. My question: Will me being in the U.S in transit for a few hours a) effect my green card process in any way, or b) give U.S immigration any reason to turn me away. Thanks for your time.

[Mike E 11,739]

A - no

 

B - yes, because you stayed 3 months  last time,  you’ve a pending  immigration visa application, and so have already expressed immigration intent.  You’ve weak ties to Australia. I think denial of entry is a double digit percentage probability. 

[Tomaso11 2]

3 hours ago, Mike E said:

A - no

 

B - yes, because you stayed 3 months  last time,  you’ve a pending  immigration visa application, and so have already expressed immigration intent.  You’ve weak ties to Australia. I think denial of entry is a double digit percentage probability. 

Ok thanks, even though I'll only be landing in the U.S for a few hours before boarding the flight to Mexico, you think they may deny me entry even though I have onward travel plans?

[Mike E 11,739]

1 hour ago, Tomaso11 said:

Ok thanks, even though I'll only be landing in the U.S for a few hours before boarding the flight to Mexico, you think they may deny me entry even though I have onward travel plans?

Yes.  
 

Airports in the USA are not organized like they are in Australia. Europe, and most other counties.  
 

In most counties when you are landing in a country to connect on another flight to another country (or in the case of Schengen Area countries when you come outside the Schengen Area to land in the Schengen Area and connect to a flight  that goes outside the Schengen Area) you don’t rarely encounter immigration / border officers because that’s how the airport terminals are laid out.  
 

In the USA, the border police aka CBP,  doesn’t permit such a layout.  
 

Every passenger of every inbound international flight (except for flights that come from airports with CBP preclearance, but this doesn’t change my point), has to go through passport control and customs before going on to the next flight.  And once going through customs, there is physically nothing preventing a passenger from not taking that ongoing flight.  They can disappear into America as an illegal alien. 
 

Or if they have applied for an immigration visa and their priority date is  current as yours is, they can just stay in the USA and adjust status.

“Honestly sir I was going to go to Mexico to see her, but then she texted me, begging me to go see her in the USA, so took the next flight to Muncie.  One thing led to another, and I filed I-485 and stayed at her place”

 

CBP has seen that story millions of times.  

Edited November 7, 2021 by Mike E

[jan22 3,052]

You don't say where in Australia to where in Mexico (and we don't really need to know that), but if you haven't tried looking up the international airport in your departure city in Wikipedia, you might want to do that.  There will be a chart showing the airlines serving the airport and the cities these airlines serve with direct flights.  It might give you an idea for a routing that doesn't transit the US if you don't want to risk it.

[Tomaso11 2]

22 hours ago, Mike E said:

Yes.  
 

Airports in the USA are not organized like they are in Australia. Europe, and most other counties.  
 

In most counties when you are landing in a country to connect on another flight to another country (or in the case of Schengen Area countries when you come outside the Schengen Area to land in the Schengen Area and connect to a flight  that goes outside the Schengen Area) you don’t rarely encounter immigration / border officers because that’s how the airport terminals are laid out.  
 

In the USA, the border police aka CBP,  doesn’t permit such a layout.  
 

Every passenger of every inbound international flight (except for flights that come from airports with CBP preclearance, but this doesn’t change my point), has to go through passport control and customs before going on to the next flight.  And once going through customs, there is physically nothing preventing a passenger from not taking that ongoing flight.  They can disappear into America as an illegal alien. 
 

Or if they have applied for an immigration visa and their priority date is  current as yours is, they can just stay in the USA and adjust status.

“Honestly sir I was going to go to Mexico to see her, but then she texted me, begging me to go see her in the USA, so took the next flight to Muncie.  One thing led to another, and I filed I-485 and stayed at her place”

 

CBP has seen that story millions of times.  

Yeah you make a good point. I was thinking along those lines too. Not worth the risk at all. Appreciate the reply. Just one more thing in regards to the DS-260: Will I need to request for the form to be unlocked after I travel out of Australia to update the travelling section on the form? Thanks, Tom.

17 hours ago, jan22 said:

You don't say where in Australia to where in Mexico (and we don't really need to know that), but if you haven't tried looking up the international airport in your departure city in Wikipedia, you might want to do that.  There will be a chart showing the airlines serving the airport and the cities these airlines serve with direct flights.  It might give you an idea for a routing that doesn't transit the US if you don't want to risk it.

Very true! another good point, thankyou I'll look into it.