tangodancer
Registered Users (C)
I live in SoCal near the Mexican border and any trip of more than 50 miles or so requires you to go through a border patrol checkpoint. Usually I just get waved through but this weekend I got the third degree...
I had worked on a H1B for 5 years or so and then married a US citizen in June 2002, filed for AOS in August that year. I went to the Chula Vista service centre this August to renew my work authorisation but the clerk told me that my file was marked "schedule for October" and, since I was not actually working, I might want to save $120 and just wait for the interview. I decided to do just that (and of course so far no interview letter and it is almost November).
Anyway, so the patrolman asks my citizenship, I tell him I am pending adjustment and show him my passport with the date and A number in it. Also inside the passport is an expired Advance Parole letter and the I-94 card that I was given when I used it to re-enter the country. The inspector tells me to pull over while he checks it out.
After many minutes a different guy comes over and says I have nothing which shows I am legal in the country, my I-94 has expired. I try explaining that I thought that date was just for re-entry under AP, that because my adjustment is pending I am legal to stay here. He asks how I first came to the country and I say an H1B, he says you mean a K4? I say no, an H1 and he says surely I mean a K4 not a K1. I persist and he asks me what category an H1 is for. After more questions he finally challenges me to show him proof of pending status to which I refer again to the passport. He goes off to check the computer.
Many more minutes pass and he comes out and says to me "technically you're not legal to be here but you can carry on".
I think he is wrong but I certainly wasn't going to try to correct him. They are mostly looking for illegal Mexicans, I don't think they have any idea what a legal alien looks like especially not a white professional worker.
My point of posting this is to ask if I am right or wrong? I think my mistake was to show them the expired AP and associated I-94 card, that put the thought into their head that I had overstayed my limit. I go through a different checkpoint almost weekly and from now on will show only my passport with the proof of application.
But it was a very unpleasant 15 minutes. Now, if only the clerk is right and my interview is going to be scheduled this month....
Paul
I had worked on a H1B for 5 years or so and then married a US citizen in June 2002, filed for AOS in August that year. I went to the Chula Vista service centre this August to renew my work authorisation but the clerk told me that my file was marked "schedule for October" and, since I was not actually working, I might want to save $120 and just wait for the interview. I decided to do just that (and of course so far no interview letter and it is almost November).
Anyway, so the patrolman asks my citizenship, I tell him I am pending adjustment and show him my passport with the date and A number in it. Also inside the passport is an expired Advance Parole letter and the I-94 card that I was given when I used it to re-enter the country. The inspector tells me to pull over while he checks it out.
After many minutes a different guy comes over and says I have nothing which shows I am legal in the country, my I-94 has expired. I try explaining that I thought that date was just for re-entry under AP, that because my adjustment is pending I am legal to stay here. He asks how I first came to the country and I say an H1B, he says you mean a K4? I say no, an H1 and he says surely I mean a K4 not a K1. I persist and he asks me what category an H1 is for. After more questions he finally challenges me to show him proof of pending status to which I refer again to the passport. He goes off to check the computer.
Many more minutes pass and he comes out and says to me "technically you're not legal to be here but you can carry on".
I think he is wrong but I certainly wasn't going to try to correct him. They are mostly looking for illegal Mexicans, I don't think they have any idea what a legal alien looks like especially not a white professional worker.
My point of posting this is to ask if I am right or wrong? I think my mistake was to show them the expired AP and associated I-94 card, that put the thought into their head that I had overstayed my limit. I go through a different checkpoint almost weekly and from now on will show only my passport with the proof of application.
But it was a very unpleasant 15 minutes. Now, if only the clerk is right and my interview is going to be scheduled this month....
Paul
