Traveling WITHIN the USA while I-485 Application is pending.

[Adequate Canadian 6]

Hi there, apologies if this has been asked before.

My mother-in-law and husband want to drive to North Carolina from our house (about a 12 hour drive both ways) to my husband's Grandma's house to visit her for Labor Day weekend.

Right now, I'm on my last stage of Adjusting my Status and should hopefully be hearing back as to when we get our Interview date. I've already had my biometrics appointment completed on July the 12th.

Anyway, am I able to travel within the USA while my I-484 Application is pending? However, I am an overstay on my Visitor's visa and I was wondering if I could have issues if for example, a police person pulls us over.

I contacted my Immigration Paralegal about this and she said I would be okay if I brought my passport and a copy of the I-485 receipt (Application for Permanent Residency)
But, I wanted a second opinion because I am a worrier.

If you guys believe it's not safe and I shouldn't travel within the States because I am an overstay on my Visitor's Visa, then we can always reschedule later down the road! I've just been stuck in this house for months and it's driving me crazy! Haha.

Thanks in advance.

[EM_Vandaveer 2,408]

Bring your NOA1 for your I-485 along.

You are in a period of authorized stay until your AOS application is adjudicated.

[Adequate Canadian 6]

Bring your NOA1 for your I-485 along.

You are in a period of authorized stay until your AOS application is adjudicated.

Thank-you so much!

[JFH 12,190]

*~*~*moved from "CR-1 spouse visa process and procedures" to "adjustment of status from work, study and tourist visas" as OP is adjusting from tourist, not filing a CR-1*~*~*

[Mounat 74]

If you guys believe it's not safe and I shouldn't travel within the States because I am an overstay on my Visitor's Visa, then we can always reschedule later down the road! I've just been stuck in this house for months and it's driving me crazy! Haha.

I don't know about safe but you're perfectly OK to travel within the US while your AOS is pending. It's travel outside the US without AP that is problematic.

[Dirty harry 25]

Just you to know couples of facts-

(1) Having a pending I-485 doesn't mean you are in a legal status in the US nor it means that you are authorized to stay while application is pending. That being said, it means nothing nor it gives you any right automatically to stay in the country, neither it provides you any protection from deportation.

(2) However, you (or even any illegal) can always travel within the US, either by plane or drive, and not to worry about being caught because you do not face US immigration. I mean, you can take a flight even to Hawaii from US mainland being even illegal and not to worry. Why? Because you don't face US immigration on domestic flights. Thereby, you have nothing to worry. Only time your immigration status would be questioned (by Police) if you would be driving the car and hope not a major accident occurred wherein you would be found toxicated because Police asks for an immigration status of any person when a crime is committed to be done. Second scenario is- if someone reports to immigration about you while you are driving and makes a story of major crime being happened like kidnapping or human trafficking; otherwise US immigration don't even bother to respond even if someone reports to them that you are illegal. That's being said, you have nothing to worry while traveling within the US even if you were to be illegal. Besides, as a matter of discretion, USCIS don't deport people who have pending I-485. Its a matter of discretion than any law. Don't worry. You are free to wander around. Good luck...

Wow...I mean just wow. You really shouldn't fear monger about things you know nothing about.

OP you remain in the authorized period of stay until your I-485 is adjudicated. It is not a status, but you are authorized to stay in the United States by the Attorney General to await a decision on your case. Just have the NOA and your passport with you.

Harry

[TBoneTX 45,308]

(2) However, you (or even any illegal) can always travel within the US, either by plane or drive, and not to worry about being caught because you do not face US immigration. I mean, you can take a flight even to Hawaii from US mainland being even illegal and not to worry. Why? Because you don't face US immigration on domestic flights. Thereby, you have nothing to worry.

This is perhaps the wrongest statement ever posted on VJ.

There is no mention of internal CBP checkpoints.

There is no mention of this: http://www.visajourney.com/forums/topic/562879-cbp-at-tsa-airport-checkpoints-why-theyre-there-how-best-to-handle/#entry7784682

OP, carry your passport plus whatever the most recent evidence of your status is -- copy of your NOA1 for the I-485 is fine. Throughout Mrs. T-B.'s progression, I had her carry her passport plus the most recent evidence (copy of cover-letter for whatever the next step was, NOA1, NOA2, and EAD/AP). This came in handy once by car and once by air. After she got her green card, I insisted that she carry it everywhere (which is the law) until she was naturalized.

Ignore irresponsible, reckless, indefensibly 100% wrong advice to the contrary.

*** Thread is moved further to the Working & Traveling forum -- topic is travel. ***

Edited August 24, 2016 by TBoneTX

[EM_Vandaveer 2,408]

OP, please ignore the fearmongering.

Regardless of how it's worded, the end result is you will NOT get deported with a pending I-485.

[EM_Vandaveer 2,408]

OP,

Its entirely up to you what information you want to believe in and what you don't want to. I have provided my opinions not to score any point, and I do know what I'm talking about. I have been doing this immigration laws for the last 25 years in New York City. Ok. There is nothing in the immigration laws which states that a person is in an "authorized stay" just because s/he has a pending I-485. If you find it then let me know. Also, I'm darn sure and challenge anyone on the fact that having a pending I-485 doesn't protect anyone from deportation as well. However, US Immigration laws give attorney general (USCIS) a discretional authority not to deport those who have a pending I-485. Again its a matter of discretion than a law or having an automatic "authorized stay". Having a pending I-485 means nothing...no status...no "authorized stay"..nothing. It's just a matter of discretion not to deport those who have a pending I-485. If someone tells you otherwise, then go and ask any experienced immigration attorney. Again, its entirely up to you what to believe on any public forum. Good luck...

I am sure these lawyers are wrong.

"Another very common example of authorized stay is when a foreign national is present in the United States while an application to adjust status (I-485 form) is pending. An adjustment-of-status applicant who does not have lawful nonimmigrant status, such as H or L, generally is considered to be in a period of authorized stay as long as the properly filed I-485 remains pending."

From

http://www.murthy.com/2013/06/03/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence/

[Adequate Canadian 6]

Thanks everyone for your feedback, I sincerely do appreciate it.
If I won't get deported, then all is good! Haha.

I'll be sure to bring my Passport and my latest update of my status!

Thanks so much everyone and apologies if this caused a debate!.

[TBoneTX 45,308]

1. I'll be sure to bring my Passport and my latest update of my status!

2. Thanks so much everyone and apologies if this caused a debate!.

1. Good for you! It's sensible to be prudent, and prudent to be sensible.

2. It's healthy to bring up these matters, for everyone's benefit. Travel well!