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Posted (edited)

A lot of it depends on who stops you, where you're at, and their mood, LOL. They have some amount of discretion for detaining people.

Sorry VJ for the touch of 'Days of our Lives' like drama. But isn't a little excitement good for the board now and again. As Nutmagnet pointed out, a little revelation sometimes provides clarity. I would prefer PM if the OP would respond but I suspect, based on prior experience, it will prove fruitless.

Edited by davdah
Filed: Citizen (apr) Country: Canada
Timeline
Posted
If you are even one day out of status, avoid traveling within a 100-mile zone by either border, especially the border with Mexico. The Customs & Border Protection agents will pounce, and they do NOT have a sense of humor about such matters.

I've been seeing this "100-mile zone/radius" CBP checkpoints? Where did this figure come from? Is there a written document on this? Im assuming there is none because why would CBP warn illegal aliens not to travel within a 100 mile zone near any border because they have checkpoints there?!

The 100 mile figure comes from a Supreme Court decision in 1976 regarding the definition of "the border" for the purposes of CBP jurisdiction.

http://www.aclu.org/privacy/37293res20081022.html

http://www.aclu.org/privacy/spying/areyoul...onfreezone.html

This next article is somewhat less sensational, and appears to have a link to the specific Code of Federal Regulations that establishes 100 miles as the definition of "reasonable distance" within which CBP is allowed to operate checkpoints.

http://www.issuewonk.com/reading.asp?ID=27...46&keyword=

I should point out that the politics displayed on these pages is probably unnecessarily alarmist, which may be offputting to some. But the reality is that CBP operates in excess of 30 permanent, and who-knows-how-many temporary inland checkpoints, at significant distances from the border. Civil libertarians are probably unnecessarily alarmed at the potential for the abuse of American citizens at these checkpoints (though significant abuses have been documented) but that notwithstanding, we, as recent immigrants, many with "in-between" or "pending" immigration status (and accordingly limited documentation), are the legitimate targets of these checkpoints and it is vital that we understand and appreciate the documentation requirements these checkpoints present, and the very real risks we face if we do not meet those requirements.

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
...I should point out that the politics displayed on these pages is probably unnecessarily alarmist
Oh?
Civil libertarians are probably unnecessarily alarmed at the potential for the abuse of American citizens at these checkpoints
Oh?
(though significant abuses have been documented)
Si, man, and worthy of far more than a parenthetical phrase.
we, as recent immigrants, many with "in-between" or "pending" immigration status (and accordingly limited documentation), are the legitimate targets of these checkpoints and it is vital that we understand and appreciate the documentation requirements these checkpoints present, and the very real risks we face if we do not meet those requirements.
And, born-and-bred USCs are the illegitimate targets. How is being allowed to pass only after answering "Where are you going?" not just one step from "Your papers, Comrade!"? People need to quit speaking theoretically or hypothetically until it's happened to them. "A conservative (or a civil libertarian) is a liberal who's been mugged."

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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