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beeldn12

CBP Checkpoints within the US during AOS application

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Filed: K-1 Visa Country: United Kingdom
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Hi All, this is a pretty specific question but hoping someone might have some insight. 
 

My husband and I are going on a trip with friends to Big Bend National Park in Texas. We’re flying into El Paso, TX. I didn’t realize this, but there are several roads we need to cross that have CBP checkpoints on them. Our i485 is in process (status is actively reviewed, completed biometrics). I’m worried we may have trouble if the officer doesn’t fully understand the k1 process? I will plan to bring our i485 receipt & biometrics notice. 

 

We didn’t file for EAD or advanced parole so don’t have any documentation other than my receipts for i485. I know he’s totally fine to be in the US but could this be a risky situation?

 

**Just to clarify - not intending to leave the US whatsoever these are CBP checkpoints inside the state of Texas.**

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Filed: Citizen (apr) Country: Taiwan
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1 hour ago, beeldn12 said:

I will plan to bring our i485 receipt & biometrics notice. 

Other than explaining that you are in "authorized stay" during adjustment of status, showing your passport and showing the receipt for the I-485 are all you can do.

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Filed: Citizen (apr) Country: Canada
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Not going to lie, it's a trip I would have avoided when I was in the same pending status, but I don't want to alarm you. Just make sure you have all of the documentation to show your pending status and you should be fine. 

 

It would be an issue if you traveled to Mexico at the Boquillas Crossing POE and then tried to get back in - this is what AP is for, and since you don't have it, my advice is of course, to avoid traveling into Mexico either way. 

 

If you're really concerned about it, the checkpoints are actually the perfect opportunity to take a stretch break and go inside to chat with an officer about it. They'll let you know one way or another. It's not quite the same as crossing the border, but they do still want to see documentation that shows your immigration status, so be prepared to do a lot of explaining. 

 

Ultimately if their advice is to turn around and head back, you will have to make do with that on your vacation! Not ideal, I know, but soon all this status and immigration stuff will be a distant memory when you go on trips like this.

 

All North/South highways heading from there have checkpoints, so it's not something you can avoid without avoiding the entire national park altogether. Just drive up and chat with them and you will be fine. 

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6 hours ago, beeldn12 said:

Hi All, this is a pretty specific question but hoping someone might have some insight. 
 

My husband and I are going on a trip with friends to Big Bend National Park in Texas. We’re flying into El Paso, TX. I didn’t realize this, but there are several roads we need to cross that have CBP checkpoints on them. Our i485 is in process (status is actively reviewed, completed biometrics). I’m worried we may have trouble if the officer doesn’t fully understand the k1 process? I will plan to bring our i485 receipt & biometrics notice. 

 

We didn’t file for EAD or advanced parole so don’t have any documentation other than my receipts for i485. I know he’s totally fine to be in the US but could this be a risky situation?

 

**Just to clarify - not intending to leave the US whatsoever these are CBP checkpoints inside the state of Texas.**

you are over thinking this. CBP full knows i-485 and adjustment of status. as long as you carry proof of residency and u dont cross the border and try to enter back in, there shouldnt be an issue 

duh

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Filed: Citizen (apr) Country: Canada
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~~Moved to Working and Traveling, from AOS Family K1/K3 P&P- the OP is asking about traveling inside the US but with check points.~~

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Filed: Citizen (apr) Country: Ecuador
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13 hours ago, beeldn12 said:

there are several roads we need to cross that have CBP checkpoints on them

https://www.visajourney.com/forums/topic/562879-cbp-at-tsa-airport-checkpoints-why-theyre-there-how-best-to-handle/

 

The only checkpoint where the officers acted like, uh, illegitimate male children to me was the one south of Alpine, and that was years ago.  At all internal checkpoints, hand them the most recent documentation that you have.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

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Expired K1 visa and I485 receipt notice should be fine.

 

I think these days any actual illegal aliens would look to those checkpoints as an opportunity to expedite their free EAD rather than any risk of being detained or deported.

 

We enjoy driving around the Southern California and Arizona deserts and encounter a number of those checkpoints with some regularity.  We never had any problems with them and they have always been perfectly polite.  Anecdotally, since some time last year I have not personally encountered a single one of them that was manned. Even ones that I usually would have expected to be manned are closed.  So at least for us in SoCal and Arizona they seem to be on some sort of hiatus.

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  • December 17, 2020:  Married in Costa Rica
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  • May 21, 2021: Submit Civil Docs for Wife
  • June 25, 2021: NVC review for Stepdaughter, RFE submit additional Doc
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  • August 31, 2021: Stepdaughter Documentarily Qualified by NVC
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