Adance Parole Question

[3-4D 7]

This is just a general question. Before we get our Adance parole when the time comes. We plan to go on a trip to U.S Virgin airlines. Will it be an issue for the beneficiary to come back to the U.S since the AP has been approve/ U.S Virgin technically being part of the U.S.( I am thinking U.S Virgin islands is exempt from living the U.S without AP. Can someone correct me on this?

[rocks 494]

I remember reading about this before in this post. You may want to confirm this information with CBP.

TBone - took your advice and contacted CBP. Here is their exact response (to my question):

Customer07/29/2009 08:21 AM

For non-citizens/non-LPRs traveling to US posessions: Can a K1 visa holder travel to the US Virgin Islands and return to the US mainland without advanced parole? The K1 is a single entry visa, so the real question is: does travel to the US Virgin Islands count as a "departure" from the US and then a "reentry" upon return or not?

Response (Nicole)07/29/2009 11:25 AM Not for immigration purposes. The K1 visa holder would still go through Customs clearance but that is just for goods entering the mainland U.S. The K1 visa holder needs to fly directly to the US Virgin Islands and can not go anywhere else. No day trips to the British Virgin Islands, do not go on a boat that takes you outside the territorial waters of the United States. If you want to these things you will need to obtain the Advance Parole.

Thank you for contacting Customs and Border Protection's Customer Service Center.

In conclusion:

K1 visa holders who have entered the US on their K1 visa can travel to the US Virgin Islands without advanced parole as long as they fly directly to the USVI and do not visit any non-US territory while there (i.e. you cannot take a boat into international waters or visit the British Virgin Islands).

The reason: The US Virgin Islands are part of the US: going there does not constitute "departing" the US and returning to the mainland does not count as "entering" the US.

Source of confusion: Given the location of the USVI, travelers to the mainland US from the USVI do go through customs and will have their status in the US checked to verify that they are legally in US territory (the K1 visa holder shows their passport, their 194 and their visa). But upon arriving back to the mainland they are not "entering the US", they are simply going between two US territories. Think of it like a flight from New York to South Dakota, just with tighter customs and ID checks. It is still true that if, after entering on a K1, you depart the US you need to apply for advanced parole first or you abandon the immigration process by default upon exit and will not be allowed to reenter. The point of clarificaiton is that going to the USVI is not departing the US, and therefore coming back to the mainland does not violate the "single entry" K1 visa.

I'd still love to hear from anyone who had done it though, if anyone has?

Edited June 11, 2012 by rocks

[3-4D 7]

I remember reading about this before in this post. You may want to confirm this information with CBP.

Thank you rocks. Just what I was thinking but the source of confusion is still getting me confuse. So even if the beneficiary do not apply for AP, the beneficiary will not abandon the status. is that correct?