CBP Interior Checkpoints with I-485 NOA1

[junkmart 320]

8 minutes ago, Paul & Mary said:

Traveling within the 100 mile border zone with the NOA1is ok.  I've been with a K1 holder on a trip to San Diego from Phoenix and back and there were no issues, no delays.  The CBP even asked if they were enjoying America at the Yuma Checkpoint.

Thanks. You mention traveling with a K1 holder, does that mean they were in status during your travels? I’m out of status and only have authorized stay because of filing AOS, with only the NOA1 showing I have a pending case. Not sure if my circumstances make a difference.

[Just Paul 4,591]

1 minute ago, junkmart said:

I’m out of status and only have authorized stay because of filing AOS,

They had married and filed AOS, so authorized.   I believe the phrase is "Technically they are out of status but it is forgiven because they are married to the USC" .  (you are overstaying the VISA in your passport and this is why you can not travel internationally.  Or better yet - you can travel but not return)

 

I live and work in the border zone and I think the key is not to travel alone during this phase in between the K1 and getting EAD/AP or Green Card.  

[SalishSea 16,778]

My state shares a border with Canada, as well as our Pacific ocean border, but even here there is awareness of the possibility of CBP checkpoints within 100 miles of land and sea borders.  

[Scott001 119]

TLDR: If you're in the US legally you should be fine. You're free to move around the country as you wish. You should be fine. 

 

I grew up in San Diego California, (not the fake one in Texas =P ) and would pass through those checkpoints all the time on the 5 going to LA and the 15 going to Temecula.  The only question I've been asked is "where are you going".

 

Although, I was pulled in to secondary once. It's was about 3am and they asked for my ID, paperwork for the car, and if they could search my car. I was 16 at the time with 3 friends in the car. 

 

Like ke someone said earlier, they are mainly looking for illegals, drug runners, smugglers, or drunk/suspicious drivers.  

 

The check points seem to open and close randomly.  20 years ago they seemed to be open more. But the last few times I went back home I never the check points open. 

 

Just make sure the car is registered, has insurance, you have a valid drivers license, and I think you'll be fine. If you bring some of your paper work with you it won't hurt. 

 

But it I think you'll be fine. 

 

 

[ronniebreda 120]

In the beginning of January, we traveled through the Sarita check point driving back from South Padre and the man asked, "Are you all U.S. citizens?" and my husband said, "No, I am a greencard holder." and the man said, 'Okay, go ahead." That was all. This was also during the government shutdown. 

I know this doesn't pertain to your specific situation, since my husband is through AOS, but it is a recent experience. I would always have all documentation no matter what. 

[Celie 793]

16 hours ago, junkmart said:

I have seen several threads regarding using I-485 NOA1 (I-797C) at CBP Interior Checkpoints, but I haven't heard of any successful experiences. I am in the AOS process, done with Biometrics and waiting for the interview to be scheduled. I have a unexpired passport, expired I-94, and NOA1 for I-485. My attorney has advised me not to travel if I will be passing the checkpoint. I'd love to hear actual experiences.

Please update us if you do decide to cross this checkpoint. My fiance should be here by the end of the month and we were hoping to get married in McAllen so my grandmother can attend. We would be using the Falfurrias checkpoint which I've never had issues with but then again I've never had a K1 beneficiary with me. Even outside the checkpoint it's still American land so I dont see why there would be an issue; just make sure you take your passport and your AOS NOA1 with you. I'm really interested in hearing your experience if you do decide on doing the trip.

 

Good luck!

Edited April 6, 2019 by celie&joseph

[Marcelina 246]

Your AOS NOA1 is a confirmation of your legal status within US now and with this you should have no problems. You could have been out of status only between expiration of I-94 and receiving your AOS NOA1.

[discoverusa 229]

I have seen check points when going to Niagara falls. 

There are tons of videos on YouTube showing people being stopped and questioned by CBP. Intersting watch.

[Sellamalola 222]

22 hours ago, junkmart said:

I have seen several threads regarding using I-485 NOA1 (I-797C) at CBP Interior Checkpoints, but I haven't heard of any successful experiences. I am in the AOS process, done with Biometrics and waiting for the interview to be scheduled. I have a unexpired passport, expired I-94, and NOA1 for I-485. My attorney has advised me not to travel if I will be passing the checkpoint. I'd love to hear actual experiences.

Before i had my work permit with advanced parole (and ability to get a dmv id), all i had was my unexpired passport and ALL my AOS NOAs plus marriage certificate (neatly organized in a binder inside a sheet protector, to this date i might add) and i was able to fly domestically with no problem. I would also have attached a copy of NOA and marriage certificate to my passport and travel with my binder by all means of transportation (air, bus, train, car) just in case because of the greatest advices on people in this forum with similar situations 😊 so here, paying it forward 👌🏽

have in mind: this is ONLY FOR DOMESTIC TRAVEL. YOU CANNOT LEAVE THE COUNTRY UNTIL YOU GET ADVANCED PAROLE, otherwise you’ll be abandoning your AOS status and not allowed back in the country. Hope this helps, good luck 🍀👍🏽 

[cyclone27 710]

Actually border patrol has enforcement powers within 100miles of any US Border. (Quite a large chunk of land)

[Lemonslice 4,557]

12 hours ago, Jorgedig said:

My state shares a border with Canada, as well as our Pacific ocean border, but even here there is awareness of the possibility of CBP checkpoints within 100 miles of land and sea borders.  

Same on the East coast. Usually in NH on the 91 and NY on 87... 

[junkmart 320]

On 4/6/2019 at 2:18 AM, celie&joseph said:

Please update us if you do decide to cross this checkpoint. My fiance should be here by the end of the month and we were hoping to get married in McAllen so my grandmother can attend. We would be using the Falfurrias checkpoint which I've never had issues with but then again I've never had a K1 beneficiary with me. Even outside the checkpoint it's still American land so I dont see why there would be an issue; just make sure you take your passport and your AOS NOA1 with you. I'm really interested in hearing your experience if you do decide on doing the trip.

 

Good luck!

I'm not going to take the chance of possibly being detained. I will wait until I have EAD/AP before traveling passed the checkpoint. I've done it countless times, but always had a vaid I-94, which they always ask for at the ckeckpoint. I do not have faith in the CPB officers that they will even know what an I-797C NOA 1 is. In your case though, your fiance will have legal status with the K1 visa and a valid I-94. You should be completely fine to pass the Falfurrias checkpoint.

[Celie 793]

1 minute ago, junkmart said:

I'm not going to take the chance of possibly being detained. I will wait until I have EAD/AP before traveling passed the checkpoint. I've done it countless times, but always had a vaid I-94, which they always ask for at the ckeckpoint. I do not have faith in the CPB officers that they will even know what an I-797C NOA 1 is. In your case though, your fiance will have legal status with the K1 visa and a valid I-94. You should be completely fine to pass the Falfurrias checkpoint.

Thanks! That's good to know.

 

I just read on fb a couple went to a Big Bend National Park for their honeymoon and were worried to get detained and her husband deported at the checkpoint set up there since it reaches within 100 miles of the border but they were fine and faced no issues with presenting his passport (w/expired K1 visa) and his AOS I-797, if that helps.

[JVDG9192 2]

On 4/8/2019 at 8:34 AM, junkmart said:

I'm not going to take the chance of possibly being detained. I will wait until I have EAD/AP before traveling passed the checkpoint. I've done it countless times, but always had a vaid I-94, which they always ask for at the ckeckpoint. I do not have faith in the CPB officers that they will even know what an I-797C NOA 1 is. In your case though, your fiance will have legal status with the K1 visa and a valid I-94. You should be completely fine to pass the Falfurrias checkpoint.

Just out of curiosity. Did you ever make this trip? Spouse also has pending I-485, approved EAD/AP.  We want to visit my parents in Mcallen, but unsure about what might happen at the checkpoint.

[SalishSea 16,778]

5 minutes ago, JVDG9192 said:

Just out of curiosity. Did you ever make this trip? Spouse also has pending I-485, approved EAD/AP.  We want to visit my parents in Mcallen, but unsure about what might happen at the checkpoint.

Should be fine with EAD/AP card.  I would carry the NOA for the I-485 as well.