Taking a domestic flight Boston - Hawaii while Adjusting Status from ESTA OK in current political climate?

[lacuuna 0]

Basically the title, just seeking more opinions.

 

I (M32) came on an ESTA in Nov and circumstances changed, ended up marrying my boyfriend a few weeks ago. We just filed everything last week, before my 90 days expires on Feb 7th.

 

We're working with an immigration lawyer. We booked a honeymoon to go to Hawaii at the start of March. Lawyer thinks it should be OK, but as I may not have a receipt from USCIS for filing before we travel just in case lawyer has given me a letter I can use in an emergency saying I have a pending I-485 & I-130 so am not subject to expedited removal/being detained, but it does just make me nervous!! 

 

I'm basically just looking for some peace of mind or more feedback from anyone who has travelled domestically while adjusting status. Should i be OK to take a direct flight Boston -> Hawaii next month while adjusting my status from an ESTA to a green card? 

[Crazy Cat 42,372]

I would not travel without the official I-797 from USCIS.  Otherwise, although unlikely, you could be detained until getting proof of having submitted a proper I-485.  The letter from an attorney is worthless.  

Edited 10 hours ago by Crazy Cat

[lacuuna 0]

Just now, Crazy Cat said:

I would not travel without the official I-797 from USCIS.  The letter from an attorney is worthless.  

Thanks for this, and as far as I understand the rough timeline for an I-797 is 4-6 weeks from filing? 

[Crazy Cat 42,372]

1 minute ago, lacuuna said:

Thanks for this, and as far as I understand the rough timeline for an I-797 is 4-6 weeks from filing? 

That sounds about right.  The fact is that you don't have proof of having submitted a PROPER I-485. 

[lacuuna 0]

1 minute ago, Crazy Cat said:

That sounds about right.  The fact is that you don't have proof of having submitted a PROPER I-485. 

Cheers! Once I DO have this receipt, flying domesitcally is completely OK?

[Crazy Cat 42,372]

2 minutes ago, lacuuna said:

Cheers! Once I DO have this receipt, flying domesitcally is completely OK?

Upon filing a proper I-485, a person is granted "authorized stay" in the US until the I-485 has been adjudicated. To my knowledge, that hasn't changed yet.

[igoyougoduke 1,676]

they dont ask for any immigration status flying domestic flights. there should be no issue unless you leave US borders into another country. 

[Lemonslice 4,975]

11 minutes ago, igoyougoduke said:

they dont ask for any immigration status flying domestic flights. there should be no issue unless you leave US borders into another country. 

 

The airlines are usually not going to ask .  However, three times in the last month Border Patrol was checking documents at my gate before boarding.  I have seen it in the past, but I don't remember it happening more than twice a year.  They have, and they do, control immigration status.  Same goes for some roadside check points.  

Edited 5 hours ago by Lemonslice

[yuna628 9,726]

Just now, Lemonslice said:

Three times in the last month Border Patrol was checking documents at my gate before boarding.  I have seen it in the past, but I don't remember it happening more than twice a year.  They have, and they do, control immigration status.  Same goes for some roadside check points.  

I concur. I have traveled both international and domestic flights recently and observed the CBP checking. I even saw them remove an individual from the plane.

[Lemonslice 4,975]

3 minutes ago, yuna628 said:

I concur. I have traveled both international and domestic flights recently and observed the CBP checking. I even saw them remove an individual from the plane.

I do not want to stress @lacuuna, just make everyone aware to expect more controls than usual.  I strongly recommend anyone with a Real ID DL to show that and only show extra documents if asked.   

 

More resources for the curious ones: 
https://miracoalition.org/news/know-your-rights/

https://www.aclu.org/know-your-rights/immigrants-rights

[Crazy Cat 42,372]

27 minutes ago, igoyougoduke said:

they dont ask for any immigration status flying domestic flights. there should be no issue unless you leave US borders into another country. 

I would expect there to be tighter monitoring by CBP.  I would not fly without solid proof of authorized stay.

7 minutes ago, Lemonslice said:

I do not want to stress @lacuuna, just make everyone aware to expect more controls than usual.  I strongly recommend anyone with a Real ID DL to show that and only show extra documents if asked.   

 

More resources for the curious ones: 
https://miracoalition.org/news/know-your-rights/

https://www.aclu.org/know-your-rights/immigrants-rights

and the OP does not possess a Real ID......

Edited 5 hours ago by Crazy Cat

[Bunninuts 43]

@lacuuna I would follow Crazy Cats suggestion of awaiting the proper document to arrive before traveling but I would also recommend obtaining your Dl or ID from the state you are living in, if they offer that to migrants. I live in Oregon and we will allow folks to gain a drivers license no matter of immigration status because we want drivers to be covered and safe. Other states may do the same. Having an ID or DL that is of the Real variety (a new one needed for national travel in the US) would be helpful as well.

Keep your eye on the Executive Orders and the laws to be sure nothing is changing before you travel. Boarding a plane is a bit more risky than a local honeymoon, albeit a little less tropical.

 

Consider filling out your timeline as it is helpful for the data we all look at for timing

 

PS: Congrats on your marriage 💜 

[lacuuna 0]

I don’t have a real ID or local drivers license right now, just my UK passport. As far as I understand Massachusetts don’t make it terribly easy to get a license / ID so I think I’ll be using my passport. I don’t see there being an issue with this though, especially if I have my receipt for filing by the time I fly?

[OldUser 7,658]

13 minutes ago, lacuuna said:

I don’t have a real ID or local drivers license right now, just my UK passport. As far as I understand Massachusetts don’t make it terribly easy to get a license / ID so I think I’ll be using my passport. I don’t see there being an issue with this though, especially if I have my receipt for filing by the time I fly?

Foreign passport AND I-797 receipt for I-485 will prove valid status. Passport alone won't.

Edited 4 hours ago by OldUser

[lacuuna 0]

2 minutes ago, OldUser said:

Foreign passport AND I-797 receipt for I-485 will prove valid status. Passport alone won't.

I’m asking about using an ID/drivers license instead of a passport. Not asking about the receipt which I’m aware of