ESTA expiration date

[portorusa 431]

According to the stamp in his passport, my husband's ESTA expires 5/10. We applied for AOS but did not receive NOA yet. We will be passing through Border Patrol checkpoint the same day, 5/10.

Question: Will my husband be considered out of status on 5/10, or on the following day (5/11)? 

We are nervous...

[Lucky2Lucky 2,526]

If you applied for AOS and he does not have his AP yet he can’t leave the country. Well he can he just has to come back on a CR1 visa. One draw back of adjusting status while on a tourist visa is the inability to leave the country for a period of Time.

 

 

EDIT- I may have misunderstood this. You will be driving through a checkpoint in the US, not across the border correct? He will be considered out of status on the 11th. I would expect some questioning as well. Is it possible you can avoid traveling until you have your NOA1 which shows proof of legal (pending) status?  I highly recommend not traveling until that NOA1 is in hand especially since you live near the border; why chance it?

Edited May 8, 2020 by Luckycuds

[Lemonslice 4,563]

Is there any way your husband can stay home until he receive his NOA?  Detention is not fun.

[Just Paul 4,591]

1 hour ago, portorusa said:

We will be passing through Border Patrol checkpoint the same day, 5/10.

Question: Will my husband be considered out of status on 5/10, or on the following day (5/11)? 

5/10 in status; 5/11 out of status

[portorusa 431]

Thanks to everyone who answered! That’s right, we are not leaving the US. We live near the border, and there are checkpoints everywhere. Yes, looks like my husband has to be confined pretty much to staying put in the city until NOA is received. People who filed later than us, already got their NOAs. I have a feeling that our package going to be returned for some reason. Oh well.. 

[Tjg312 14]

when did you submit your packet? just curious because I sent mine out on 5/1 and just saw CC charges on my credit card from Chicago Lockbox but haven't received any NOAs from text or mail

[portorusa 431]

1 hour ago, Tjg312 said:

when did you submit your packet? just curious because I sent mine out on 5/1 and just saw CC charges on my credit card from Chicago Lockbox but haven't received any NOAs from text or mail

We submitted on 4/24. It was received on 4/28. Still no charges, nothing.