i am an illegal alien and married to a US soldier, my paperwork is in process and my I130 was recently approved and now working on my I485. ...

Question

i am an illegal alien and married to a US soldier, my paperwork is in process and my I130 was recently approved and now working on my I485. We want to travel home in Texas but there is a check point a US customs & border patrol check point, would I be arrested if I say I am not a citizen and just show my military ID n the paper that says its in process?

Answer

You always run the risk of being placed in removal proceedings, but it's unlikely in this scenario. Make sure you have your I-485 pending receipt, and your I-130 approval notice.

Best of luck.

Verdin Law Firm, LLC

Dallas, TX

Answer

I do want to be clear that your travel would not include leaving the US - doing so would put you in a difficult situation, to say the least. If your travel is limited to within the US, and you have the I-130 approval and I-485 receipt notice, you should be fine when traveling.