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Flying Domestic with Foreign Passport out of status

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I am flying in a few days to another state and my aos paperwork is currently in process. I only have my foreign passport as ID with no visa in it. I am going to bring the receipts from USCIS with me if there are any issues. I am being told by some I am ok to fly that the TSA only checks your name with your boarding pass then others have told me not to fly. I am kind of getting scared now, does anyone have any experience or any knowledge on this?

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As far as I know are you just allowed to "leave" the US with a GreenCard but not while the Process of AOS


Our Story

I'm the benificary

First met: August 23rd 2013 (F)
Engaged: November 13th 2014 :wub:
I-129f sent: March 20th 2015
Received by USICS: March 25th 2015
Mail notification + Case accepted and routed to CSC:
March 27th 2015

NOA1 hard Copy received: April 4th 2015 :dancing:

Mail notification - Petition Approved NOA2: May 8th 2015

B-) NOA2 hard Copy received: May 15th 2015 :thumbs::dance:

Called NVC & Received Case NR: May 29th 2015 :thumbs:

At NVC: Since 21th May 2015

Stuck at AP :clock:

left NVC/ In Transit to Frankfurt: 3rd June 2015 :dancing:

Ready at Embassy Frankfurt: 5th June 2015 :wow:

Packet 3 received: 11th June 2015

DS-160 Submitted: 16th June 2015

Fee paid: 18th June 2015

Package 3 sent: 13th July 2015

Ready to schedule Interview: 16th July 2015
Medical passed: 21st July 2015

Interview: 5th August 2015 :star: -> Approved

POE: 27th August 2015

Date of Marriage: 3rd September 2015 (L):luv:

:energy::energy::energy: :energy: :energy::energy:

AOS

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As long as your tickets are in the same name as your foreign passport you should be fine. My wife and I flew down to Florida while he AOS was being processed, and we had no issues. We bought her tickets in her maiden name to match her passport, and the airline check in kiosk and TSA did not bat an eye. No one asked her if she had a GC or AP card, or for any other forms of Immigration status. As others have mentioned it is always a good idea to take all your immigration documents with you including a copy of your marriage license.

Good Luck and enjoy your trip.


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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I am flying in a few days to another state and my aos paperwork is currently in process. I only have my foreign passport as ID with no visa in it. I am going to bring the receipts from USCIS with me if there are any issues. I am being told by some I am ok to fly that the TSA only checks your name with your boarding pass then others have told me not to fly. I am kind of getting scared now, does anyone have any experience or any knowledge on this?

There is always a risk if one does not have the proper documentation to show to some LEO, CBP, etc. that you are a LPR of the US. In your case the risk is very minimal and the consequences will be being detained and harassed by the CBP.

First, TSA has no jurisdiction over immigration matters. Second, they have no jurisdiction over criminal matters. All they can do is deny you entry into the "secure" area at the airport. Period. They can, however; call for CBP or a local LEO that CAN detain you and arrest you. Why would they do that in your case? You show them a valid foreign passport and your boarding pass for the flight. Both names match and you mostly look like the picture in the passport :). They scribble on the boarding pass and stamp it and you are good to go. My wife and MIL both travelled domestically using their foreign passports--my wife had no GC nor AP yet and my MIL had a valid tourist visa. The TSA agent just looked at the bio page of the passport and the boarding pass.

Now let's say you find a CBP officer standing at the TSA checkpoint when you arrive. They notice your foreign passport and domestic flight. They ask the TSA agent to see your passport. They look at your passport and then begin flipping thru it for a valid visa. They come to the expired visa. They may ask you about why you are still in the US with an expired visa. You tell them you have just filed for AOS. They may ask you to step aside and come with them as they check your documents. Show them the AOS receipt and you should be out of there once they see your case file. Worst case is a long wait and you miss your flight. Are you adjusting from a tourist visa married to a USC? Take a copy of the marriage certificate

I just want you to be prepared for what can happen so you are ready to deal with the CBP should the issue come up. Take the NOA1 from your I-485 to show to the CBP should you need to. I bet you have no problems.

Have a good trip,

Dave

Edited by Dave&Roza

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There is always a risk if one does not have the proper documentation to show to some LEO, CBP, etc. that you are a LPR of the US. In your case the risk is very minimal and the consequences will be being detained and harassed by the CBP.

First, TSA has no jurisdiction over immigration matters. Second, they have no jurisdiction over criminal matters. All they can do is deny you entry into the "secure" area at the airport. Period. They can, however; call for CBP or a local LEO that CAN detain you and arrest you. Why would they do that in your case? You show them a valid foreign passport and your boarding pass for the flight. Both names match and you mostly look like the picture in the passport :). They scribble on the boarding pass and stamp it and you are good to go. My wife and MIL both travelled domestically using their foreign passports--my wife had no GC nor AP yet and my MIL had a valid tourist visa. The TSA agent just looked at the bio page of the passport and the boarding pass.

Now let's say you find a CBP officer standing at the TSA checkpoint when you arrive. They notice your foreign passport and domestic flight. They ask the TSA agent to see your passport. They look at your passport and then begin flipping thru it for a valid visa. They come to the expired visa. They may ask you about why you are still in the US with an expired visa. You tell them you have just filed for AOS. They may ask you to step aside and come with them as they check your documents. Show them the AOS receipt and you should be out of there once they see your case file. Worst case is a long wait and you miss your flight. Are you adjusting from a tourist visa married to a USC? Take a copy of the marriage certificate

I just want you to be prepared for what can happen so you are ready to deal with the CBP should the issue come up. Take the NOA1 from your I-485 to show to the CBP should you need to. I bet you have no problems.

Have a good trip,

Dave

Well said Dave


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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There is always a risk if one does not have the proper documentation to show to some LEO, CBP, etc. that you are a LPR of the US. In your case the risk is very minimal and the consequences will be being detained and harassed by the CBP.

First, TSA has no jurisdiction over immigration matters. Second, they have no jurisdiction over criminal matters. All they can do is deny you entry into the "secure" area at the airport. Period. They can, however; call for CBP or a local LEO that CAN detain you and arrest you. Why would they do that in your case? You show them a valid foreign passport and your boarding pass for the flight. Both names match and you mostly look like the picture in the passport :). They scribble on the boarding pass and stamp it and you are good to go. My wife and MIL both travelled domestically using their foreign passports--my wife had no GC nor AP yet and my MIL had a valid tourist visa. The TSA agent just looked at the bio page of the passport and the boarding pass.

Now let's say you find a CBP officer standing at the TSA checkpoint when you arrive. They notice your foreign passport and domestic flight. They ask the TSA agent to see your passport. They look at your passport and then begin flipping thru it for a valid visa. They come to the expired visa. They may ask you about why you are still in the US with an expired visa. You tell them you have just filed for AOS. They may ask you to step aside and come with them as they check your documents. Show them the AOS receipt and you should be out of there once they see your case file. Worst case is a long wait and you miss your flight. Are you adjusting from a tourist visa married to a USC? Take a copy of the marriage certificate

I just want you to be prepared for what can happen so you are ready to deal with the CBP should the issue come up. Take the NOA1 from your I-485 to show to the CBP should you need to. I bet you have no problems.

Have a good trip,

Dave

This.

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You need some kind of valid ID, your expired passport is probably better than nothing. I actually just traveled outside the country and they accepted my couple month expired passport, which kind of surprised me. Flying inside the US though your immigration status doesn't matter, just ID.

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Traveling between states need a gov issued ID or if you have none a PP will

do, Its required everyone have ID & tickets in their names to board a plane,

TSA check inside no ones passport to verify status, however on some days

border patrol are in airports & randomly stop ppl to check ID so along

with your passport just travel with your AOS proof to eliminate delays if

you happen to run into them....otherwise its no biggie from states to states

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