Advised Not to Fly

[TwoSwifts 9]

Hello All,

 

My wonderful wife and I are adjusting off a tourist based visa. We've filed all relative forms I-130, I-131, I-485, and I-765. We submitted in Mid January and have received our NOA1 on all forms and have attended the biometrics appointment. We're waiting on EAD to approved first, with hopes of the Advance Parole to follow shortly thereafter. Given the general path of our journey, we are attending a music festival in early May and wanted to fly domestically vs. having to drive. Our attorney advised us not to fly. Why would there be any hesitation on their part? Nothing in our pasts that is questionable...Just curious on opinions.

Thanks!! 

[OldUser 8,514]

If you're paying an attorney, I'd listen to their advice.

 

You don't have a status. You can be detained and / or deported. It may never happen, but would you risk it?

 

Until you have GC in hand, your prior circumstances around entry to the US may be reexamined by CBP / ICE.

 

Adjusting from tourist visa has its risks.

Edited March 26 by OldUser

[TwoSwifts 9]

  On 3/26/2025 at 7:55 PM, OldUser said:

If you're paying an attorney, I'd listen to their advice.

 

You don't have a status. You can be detained and / or deported. It may never happen, but would you risk it?

 

Until you have GC in hand, your prior circumstances around entry to the US may be reexamined by CBP / ICE.

 

Adjusting from tourist visa has its risks.

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All your points are valid, and of course we're taking their advice and going to drive to our location in May. We're not going to take any risks whatsoever...I was just more curious about the advisement since I thought flying domestically was relatively safe/allowable being we have a case# and upon getting her EAD Card, she would be able to obtain a valid driver's license therefore not requiring her to fly under her passport as a means of identification. Again, we're not going to take any risks..it was more of a question of inquiry.

[NorthByNorthwest 415]

  On 3/26/2025 at 7:55 PM, OldUser said:

You don't have a status. You can be detained and / or deported. It may never happen, but would you risk it?

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Ordinarily I would have said OP should be fine since they _should_ be in authorized stay (not lawfully present) with NOA1 for AOS in hand, but given the current environment and focus on what people stated when entering on tourist visa I’d be extremely careful as well. 
 

  On 3/26/2025 at 7:33 PM, TwoSwifts said:

Why would there be any hesitation on their part? Nothing in our pasts that is questionable...Just curious on opinions.

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The questionable part is adjusting from tourist visa and what was stated as reason for visit when entering. 

[TwoSwifts 9]

Thank you both for your honest opinions, and perspective! We both understand that the current climate is a factor that might lead to exercising even more precautions now than maybe years past. That said, the other points made are valid as well and could apply at any time, so we'll always seek primary guidance from our attorney as we navigate the process. That will be first and foremost!! I just thought it additionally beneficial to hear from others as well as everyone has different experiences and consult. Much appreciated!!  

[Bob in Boston 773]

Airports are crawling with government agents of all kinds and you need to identify yourself whenever asked. Not a good place to run under the radar.

[mam521 2,374]

I'm of a similar mindset to @NorthByNorthwest.  6 months ago, I'd have said travel with AP.  With the current political climate, I'd highly recommend keeping travel domestic. 

 

I'm not trying to monger any fear, but I know a lot of people who've been greencard holders for years and have recently filed for citizenship just because they feel the greencard alone isn't security enough in their minds.  

[ineedadisplayname 512]

Depending where the festival is you might need to cross United States Border Patrol interior checkpoint. Usually they are close to land borders up to a 100 miles inland from the edges of the country. Mostly in texas, new mexico, arizona and california (south border).

[TexasRafael 149]

Did I miss it, are you flying within the US or international?

[OldUser 8,514]

  On 3/27/2025 at 4:19 PM, TexasRafael said:

Did I miss it, are you flying within the US or international?

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Domestically. But it doesn't make much difference nowadays. People are routinely stopped at airports and asked to identify themselves and their immigration status.

 

If OP is in the US less than 1 year, he or she is subject to expedited removal. Especially if ICE makes a claim they violated terms of their visitor's visa and are out of status now.

Edited Thursday at 04:33 PM by OldUser

[TwoSwifts 9]

  On 3/27/2025 at 11:06 AM, Bob in Boston said:

Airports are crawling with government agents of all kinds and you need to identify yourself whenever asked. Not a good place to run under the radar.

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I don't feel as though our consideration of flying domestically to another state is any attempt to run under the radar. We have open active cases with USCIS and are following the standard legal procedural path to adjustment of status. I was just curious about the general thoughts on flying through domestic terminals during the adjustment process. 

[TwoSwifts 9]

  On 3/27/2025 at 4:31 PM, OldUser said:

Domestically. But it doesn't make much difference nowadays. People are routinely stopped at airports and asked to identify themselves and their immigration status.

 

If OP is in the US less than 1 year, he or she is subject to expedited removal. Especially if ICE makes a claim they violated terms of their visitor's visa and are out of status now.

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Yes...you are correct. It was an inquiry with regard to a domestic flight...

And we are in recognition of the concerns shared here on the forum, and value the opinions of everyone sharing matching responses. It was simply an inquiry to the recommendation. To clarify the final point, my wife has now been here a year and a little bit...

[TwoSwifts 9]

  On 3/27/2025 at 2:02 PM, ineedadisplayname said:

Depending where the festival is you might need to cross United States Border Patrol interior checkpoint. Usually they are close to land borders up to a 100 miles inland from the edges of the country. Mostly in texas, new mexico, arizona and california (south border).

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We would have flown from Atlanta to Baltimore....It's a 9+ hour drive. Not a dagger by any stretch...But if we could have flown, we would have certainly taken that route.

[TwoSwifts 9]

  On 3/27/2025 at 1:39 PM, mam521 said:

I'm of a similar mindset to @NorthByNorthwest.  6 months ago, I'd have said travel with AP.  With the current political climate, I'd highly recommend keeping travel domestic. 

 

I'm not trying to monger any fear, but I know a lot of people who've been greencard holders for years and have recently filed for citizenship just because they feel the greencard alone isn't security enough in their minds.  

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Our only consideration for flying would have been strictly domestic flights. We have submitted the I-131 for Advanced Parole so that we might be able to travel to visit her family and other destinations while we are going through the process. But again...any flight plans prior to receiving approval of the I-131 would have been strictly domestic for vacation purposes.

[TwoSwifts 9]

  On 3/27/2025 at 4:19 PM, TexasRafael said:

Did I miss it, are you flying within the US or international?

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Domestic flight only....Atlanta to Baltimore for a music festival. That's it....Nothing extravagant...