Travel during adjustment of status WITHOUT AP

[bansa 4]

5 minutes ago, Georgia16 said:

It is a risk to take. So be prepared if you will not get back in. 

 

1 minute ago, neilsqueen said:

https://www.uscis.gov/archive/blog/2014/05/five-questions-about-advance-parole_9

 

As said, you might run into some troubles but you may not.  It's kind of a gamble with immigration officers.  Some seem to not know proper procedures.  You should probably just submit your paperwork for the advanced parole to be on the safe side.  If you're not planning to travel right away, it will give you more peaceful travels having the AP.  Best wishes!

thanks guys. will send AP application now knowing i don't really need a reason

[Georgia16 2,858]

Just now, bansa said:

 

thanks guys. will send AP application now knowing i don't really need a reason

Sounds like the smartest thing to do!

[bansa 4]

1 minute ago, Georgia16 said:

Sounds like the smartest thing to do!

do you reckon the wait time will still be 90 days?

[Georgia16 2,858]

Just now, bansa said:

do you reckon the wait time will still be 90 days?

Yeah I thing you will wait about that time so you might get lucky and have your GC before that you could also be lucky they will just use the bio you already have and that way save some time.

but I would still apply because it could be way longer if you need an interview and you are in NJ. 

[bansa 4]

Just now, Georgia16 said:

Yeah I thing you will wait about that time so you might get lucky and have your GC before that you could also be lucky they will just use the bio you already have and that way save some time.

but I would still apply because it could be way longer if you need an interview and you are in NJ. 

Yup NJ takes forever, will send the application ASAP

[NYCruiser 423]

1 hour ago, NDB052714 said:

HI. I don't understand why you are advising not to visit Hawaii and Alaska? I understand an Alaskan cruise could be a problem cause of Canada...but flights to/from Hawaii from the mainland do not require any immigration procedures. And neither do flights to/from Alaska from the lower 48. 

Agreed. AK and Hi are part of the USA. In their advertisements USVI/Guam and PR stress, 'no passport' needed as they are also the US. However, I would'nt believe them. 

AK and HI are fine. However, best to apply for an AP. You don;t have to pay anything, but make sure in the application you include a copy of the NOA1 so that they don't return the application saying you haven't paid the fee

[Mollie09 1,543]

I traveled to PR too, no issues.

USVI is tricky because I hear it's possible to end up in the BVI accidentally.

[puppalo 5]

Last time I was in PR (7-8 years ago?) it was just like any domestic flight - only show your drivers license. Oddly you got to shop duty free, though. There was no clearing customs. I think there might have been an ag check.

 

https://www.uscis.gov/archive/blog/2014/05/five-questions-about-advance-parole_9

 

As shown previously, the USCIS is quite explicit about this. Puerto Rico, Guam, etc., ARE the US, so you're not leaving the US by going there. This is exactly like traveling in the Shengen zone once you've entered it. People are overthinking this.

[Transborderwife 4,666]

The big reason why people advise not to go to any of the territories or non Intercontinental USA are 1) if a flight needs to be diverted say to Vancouver because of a snowstorm, you will have to go through customs again, bye bye greencard application.  And 2) occasionally there are cbp officers that will do visa checks (I've experienced this twice myself) even on domestic flights to areas like these.  Low chance but it happens.

[Dashinka 24,505]

2 hours ago, Transborderwife said:

The big reason why people advise not to go to any of the territories or non Intercontinental USA are 1) if a flight needs to be diverted say to Vancouver because of a snowstorm, you will have to go through customs again, bye bye greencard application.  And 2) occasionally there are cbp officers that will do visa checks (I've experienced this twice myself) even on domestic flights to areas like these.  Low chance but it happens.

I agree.  When you travel to areas that may unexpectedly put you in a foreign country one may run into major US immigration problems unless they have proper documentation.  It's best to avoid this if possible.

[puppalo 5]

3 hours ago, Transborderwife said:

The big reason why people advise not to go to any of the territories or non Intercontinental USA are 1) if a flight needs to be diverted say to Vancouver because of a snowstorm, you will have to go through customs again, bye bye greencard application.  And 2) occasionally there are cbp officers that will do visa checks (I've experienced this twice myself) even on domestic flights to areas like these.  Low chance but it happens.

#1: A very small chance, and one that has nothing to do with the fact that you were flying to Puerto Rico/Guam/etc. It happened on 9/11, and sure, I can see it happening in rare circumstances, but it could happen flying NYC-SEA too. It's unlikely they'd let you off the plane in most of these circumstances, since most Americans don't even have passports!

#2: CBP visa checks happen on domestic flights - rarely. However, this is no different than if you were flying from Kansas City to Houston. America is America. With a pending AOS position you are in status, and you haven't left the country - you are fine. Again, USCIS has given specific guidance indicating it is fine.

 

This is a difficult enough process - there really isn't any reason to add imagined rules when USCIS has said specifically that this isn't an issue.

[Transborderwife 4,666]

50 minutes ago, puppalo said:

#1: A very small chance, and one that has nothing to do with the fact that you were flying to Puerto Rico/Guam/etc. It happened on 9/11, and sure, I can see it happening in rare circumstances, but it could happen flying NYC-SEA too. It's unlikely they'd let you off the plane in most of these circumstances, since most Americans don't even have passports!

#2: CBP visa checks happen on domestic flights - rarely. However, this is no different than if you were flying from Kansas City to Houston. America is America. With a pending AOS position you are in status, and you haven't left the country - you are fine. Again, USCIS has given specific guidance indicating it is fine.

 

This is a difficult enough process - there really isn't any reason to add imagined rules when USCIS has said specifically that this isn't an issue.

Then it's best to advise to travel with proof of AOS and marriage certificate.  There's nobody adding imagined rules, simply those who have experienced this before.  USCIS says a lot of things aren't issues when they are at times

 

personally, I'd rather not take the risk

[Hopeful diva 99]

7 hours ago, bansa said:

Hey guys

 

I did not apply for advance parole during my adjustment. Is it possible to travel to US territories (Puerto Rico, US virgin Islands, Guam...) without this? 

 

Thanks

Better be safe than sorry. Avoid any travel that will jeopardize your AOS. I had my first AOS denied because I left the country without an AP. Looking back, I would have had my green card by now if I didn't make that trip. Had to refile again! Money and time wasted. My advice, do not travel until after your AP approval. If it's urgent, you can supposedly request emergency AP, they will just stamp it on your passport 

Edited April 20, 2017 by Hopeful diva

[mfjohnson 3]

7 hours ago, Ben&Zian said:

Without AP this is not advised. While they are a territory, going outside the actual US states (including Alaska and Hawaii) is not advised. People have run into issues trying to re-enter as you technically still have to go back through customs. Even cruises in the Carribean are not advised without proper documentation like AP.

Dunno about US territories or Alaska, but the part about Hawaii is absolute bull. I went to Hawaii from Seattle twice while my AOS was pending without any AP and had 0 issues. There are no custom checks between mainland US and Hawaii. Stop scaring people.

[Transborderwife 4,666]

20 minutes ago, mfjohnson said:

Dunno about US territories or Alaska, but the part about Hawaii is absolute bull. I went to Hawaii from Seattle twice while my AOS was pending without any AP and had 0 issues. There are no custom checks between mainland US and Hawaii. Stop scaring people.

It is possible not a guarantee