Austin, TX asked in Immigration Law, Juvenile Law and Securities Law for Texas

Q: Can a person in the process of getting their greencard travel within the states?

My family and I are planning to take a roadtrip to California and are planning on taking a friend with us who is in the process of getting his green card. He has a receipt from paying for his application. Is it okay to cross checkpoints going from state to state? Is he allowed to travel within the U.S. ?

P.S. He is under 21,unmarried, currently in public highschool and also got papers signed by a judge stating he resides in Texas and has been subjected to parental neglect and/or abandonment. The papers also state it is not in his best interest to be sent back to his or his fathers previous country of nationality, Mexico.

If it is okay to take him with us and cross borders from one state to the next, how should we approach border patrol. And would it be best to take the papers signed by the judge and the receipt from his green card application?

2 Lawyer Answers
Roger Carl Algase
Roger Carl Algase
  • Immigration Law Lawyer
  • New York, NY

A: Under what section of the law is this student entitled to get a green card? Your question does not show that he is eligible for one at all. Even if he is, merely filing for a green card does not confer any legal status in the United States unless the applicant is in this country with some other legal status. If the young man does not have any legal status and US immigration officers see a letter from a judge saying that it would not be in his best interests to be sent back to Mexico, the letter might might make the officers laugh or crack a few jokes while they are handcuffing him and putting him on the bus to Mexico. If he has applied for political asylum from Mexico, that might be different, but it would have to be a strong asylum case. You should consult an experienced deportation lawyer before taking the young man any further than.five minutes away from his home.

Tammy Lyn Wincott
Tammy Lyn Wincott
  • San Antonio, TX
  • Licensed in Texas

A: I absolutely agree.

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