I have a very important matter need to Cross a CBP checkpoint

[From Tx 6]

Hello I have a question hopefully some one has been in this situation. my son he is a  3yr old he will be having a very important surgery but i need to Cross a checkpoint his surgery is in Corpus Christi and i am From Pharr TX. we only have the receipts from     I-797C and Biometrics letter and Of Course the approval of the I130. i am so confused I've read yes u can cross and then i read some i cant cross. hopefully some one can guide me pls thank you.

Edited March 19, 2018 by From Tx

[From Tx 6]

Yes they are in the same State but there is a checkpoint in Falfurrias TX. We as in my husband my kids live in Pharr Tx my husband  is still waiting for his approval on his I=601A he doesn't have a Visa yet.

[EM_Vandaveer 2,370]

Is your son a US citizen?

[Ryan H 3,791]

Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration forum.

[From Tx 6]

16 hours ago, EM_Vandaveer said:

Is your son a US citizen?

yes he is.

[Cyberfx1024 7,978]

19 hours ago, From Tx said:

Hello I have a question hopefully some one has been in this situation. my son he is a  3yr old he will be having a very important surgery but i need to Cross a checkpoint his surgery is in Corpus Christi and i am From Pharr TX. we only have the receipts from     I-797C and Biometrics letter and Of Course the approval of the I130. i am so confused I've read yes u can cross and then i read some i cant cross. hopefully some one can guide me pls thank you.

You will be fine as long as you bring the documentation that you have with you.

[From Tx 6]

1 minute ago, cyberfx1024 said:

You will be fine as long as you bring the documentation that you have with you.

Really my lawyer said the same thing i called Border Patrol Station in Falfurias and they told me he could get detained  and he really wants to be there.

[milimelo 4,230]

Sounds like husband currently doesn’t have legal status (waiting for I-601a approval before doing consular processing). If this is the case and you are the child’s mother and a USC I highly recommend leaving husband home and you alone (with USC relatives) dealing with your child’s surgery. 

 

High likelihood your husband could be detained do no reason to risk it. 

 

Bring an ipad/iPhone- husband can be there via video chat. 

[geowrian 22,336]

Just to clarify, what's your current status in the US (if any)?

Presumably, you entered without inspection, got married, got an I-130 approved, but are waiting on an I-601A approval so you can interview abroad without having to serve the unlawful presence bar.

 

If the above is correct, then I suggest not traveling through any point where CBP or ICE is likely to be since you would not have any current legal status. You could be detained (or even put into removal proceedings...making your whole immigration process more complicated).

[Snorkel378 38]

I’ve crossed the same check point with my wife using her notices and ead and there was no trouble at all.

[milimelo 4,230]

1 hour ago, Snorkel378 said:

I’ve crossed the same check point with my wife using her notices and ead and there was no trouble at all.

Your wife illegally in the US? If not, don’t provide advice. 

[Alabamak1 688]

this is the same recomendation from CBP that they give you not to go to Hawaii, Alaska and Puerto Rico, because you could encounter CBP there

[geowrian 22,336]

6 hours ago, Snorkel378 said:

I’ve crossed the same check point with my wife using her notices and ead and there was no trouble at all.

She filed for AOS, which grants authorized stay. She is not unlawfully present in the US. The OP appears to have only filed an I-130, which does not grant any status in itself. Presumably, this is because she does not qualify to AOS.

Different situations => Different advice is relevant. But I wish the OP would confirm the above...it's what makes the most logical sense, but nothing is confirmed.

[Dashinka 23,304]

20 hours ago, geowrian said:

She filed for AOS, which grants authorized stay. She is not unlawfully present in the US. The OP appears to have only filed an I-130, which does not grant any status in itself. Presumably, this is because she does not qualify to AOS.

Different situations => Different advice is relevant. But I wish the OP would confirm the above...it's what makes the most logical sense, but nothing is confirmed.

Just one slight clarification, I believe the OP is the USC and her husband is the one waiting for the 601.  Doesn’t change the good advice though.