I-485 Pending. Can I fly domestic?

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GoDogs

Registered Users (C)
Hi everyone -

My spouse and I would like to go to Hawaii. We had our interview in March. The I-485 is still pending since we need the State Department's endorsement. The I-130 has been approved. But no greencard as of yet.

The question is, can I fly to Hawaii or any other domestic destination while my I-485 is pending? I do have a driver's license.

Thanks all.
 
GoDogs said:
Hi everyone -

My spouse and I would like to go to Hawaii. We had our interview in March. The I-485 is still pending since we need the State Department's endorsement. The I-130 has been approved. But no greencard as of yet.

The question is, can I fly to Hawaii or any other domestic destination while my I-485 is pending? I do have a driver's license.

Thanks all.
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You can fly domestic without any problems.
 
You can fly to other US states, but you should carry evidence of legal status like the I-485 receipt or EAD, because there are immigration agents at the airports who may ask you to produce immigration documents.
 
An EAD is not evidence of legal status, and I believe says so on the card.

While a DMV employee might accept it, a Border Patrol officer certainly won't.
 
TheRealCanadian said:
An EAD is not evidence of legal status, and I believe says so on the card.
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It doesn't say that on the card. It says "This card is not evidence of US citizenship or permanent residence", and "Not valid for reentry to US".

It also says "The person identified is authorized to work in the US for the validity of this card."

While a DMV employee might accept it, a Border Patrol officer certainly won't.
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Border patrol won't accept it because it is not an entry document. But internal enforcement should accept it.
 
Uh, Hawaii IS the US.

atlanta123 said:
Do not attempt to fly out of the US to hawaii unless you have a physical green card, approved AP or I-551 stamp in your passport. If you use your EAD you will not be allowed back.

Not worth the risk! Even if your application is approved and you don't have your card yet....
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paranoia here you go

it is exactely the same as going from Miami to New York, you do NOT need a green card nor a EAD to go to hawaii, just an ID....I've been to hawaii several times and all you need is an ID.....have a few friends who overstayed their visas and went to Maui without issues...

Aloha..
 
guacho said:
it is exactely the same as going from Miami to New York, you do NOT need a green card nor a EAD to go to hawaii, just an ID....I've been to hawaii several times and all you need is an ID.....have a few friends who overstayed their visas and went to Maui without issues...

Aloha..
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My Bad...You were right...Just need your Driver's license or state issued ID.....
 
guacho said:
it is exactely the same as going from Miami to New York, you do NOT need a green card nor a EAD to go to hawaii, just an ID....I've been to hawaii several times and all you need is an ID.....have a few friends who overstayed their visas and went to Maui without issues...
Click to expand...
Your friends apparently were not asked for their immigration papers. Normally a driver's license or state ID is good enough, but sometimes there are immigration agents roaming around the airport doing spot checks. It happened to me a few years ago in Puerto Rico when I was at the gate waiting to board a flight back to the mainland US. Others on this forum have also reported being asked for their immigration papers when they were about to take a domestic flight, and one guy's wife was even detained because she didn't have hers.
 
GoDogs said:
Hi everyone -

My spouse and I would like to go to Hawaii. We had our interview in March. The I-485 is still pending since we need the State Department's endorsement. The I-130 has been approved. But no greencard as of yet.

The question is, can I fly to Hawaii or any other domestic destination while my I-485 is pending? I do have a driver's license.

Thanks all.
Click to expand...


Hey GoDogs,

I am in a somewhat similar situation. I had my interview in April of 09, my I-130 was approved a week after the interview but my I-485 is still pending. Can you explain what does "State Department's endorsement" mean?


P.S. I went to Hawaii last month without any problem. But I did take all my USCIS reciepts, IDs, and marriage certifate with me.
 
Hi OnlyRiz -

I had a visa that required me to fill out form I-566 and the State Dept needs to sign off on it. Actually, I am trying to track it down since my interview was on Jan 2009 and I already received the I-130 approval, but for the I-485 I need the State Dept's ok.
 
Jackolantern said:
Your friends apparently were not asked for their immigration papers. Normally a driver's license or state ID is good enough, but sometimes there are immigration agents roaming around the airport doing spot checks. It happened to me a few years ago in Puerto Rico when I was at the gate waiting to board a flight back to the mainland US. Others on this forum have also reported being asked for their immigration papers when they were about to take a domestic flight, and one guy's wife was even detained because she didn't have hers.
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that is actually a very common thing in Puerto Rico,about 60% of friends who have traveled there have been asked for proof of status but not when traveling within the 50 US states, has that happen?? of course....but it is rare, what I mean is I would not cancel a trip to HAWAII just because I only have an ID and my GC is in process.

Thanks for the reply
 
guacho said:
that is actually a very common thing in Puerto Rico,about 60% of friends who have traveled there have been asked for proof of status but not when traveling within the 50 US states, has that happen?? of course....but it is rare,
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It is not as rare as you think.
what I mean is I would not cancel a trip to HAWAII just because I only have an ID and my GC is in process.
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Nobody is suggesting to cancel the trip to Hawaii. Take the trip, just bring immigration paperwork like the I-485 receipt and/or the EAD. Airports and border towns are two places that have the highest concentration of immigration agents ... if you go there, make sure to take your papers with you.
 
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Jackolantern said:
It is not as rare as you think.

Nobody is suggesting to cancel the trip to Hawaii. Take the trip, just bring immigration paperwork like the I-485 receipt and/or the EAD. Airports and border towns are two places that have the highest concentration of immigration agents ... if you go there, make sure to take your papers with you.
Click to expand...


that's the best thing to do....nothing to worry about if you keep proof of your pending application, you are not leaving the country....
About not being as rare as I think...I would like to see statistics or any other info about this, i used to work at the archdiocese of NYC in the refugees and immigration office and I dealt with literaly thousands of refugees and asylees afraid of travel within the US with their ID's while their case was pending, I always asked them about that since I was an asylee myself and was somehow worry it could happen to me......never saw a single case where they were questioned by USCIS at the airports.
Puerto Rico however is different and for a good reason ( tons of illegal immigrants arriving from Cuba, Dominican Republic and Haiti ), you have all these people trying to come to mainland US.
I still think from experience that it is rare and highly unlikely when you carry proper and valid ID.

Thanks for your reply...

Guacho
 
I have been traveling domestically for 10 years. Of those 10 years I spent 6-7 years flying pretty much every week. And never, and I mean not one time have I been asked for immigration papers. Nor have I ever seen anyone from INS/USCIS hovering around the gate area.

I've never been to Puerto Rico so I can't comment about that. But that is not a US state and so there are different rules applicable.
 
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