Travelling to Puerto Rico and Back without an AP
- Thread starter Flyer729
- Start date
I had a fab-u-lous time in Puerto Rico May 2005!!
I used my drivers license to enter and leave. Come to think of it I don't think they are a port of entry so they shouldn't require any "special pass/documents".
I don't think you need advance parole because Puerto Rico is a part of the US.
I used my drivers license to enter and leave. Come to think of it I don't think they are a port of entry so they shouldn't require any "special pass/documents".
I don't think you need advance parole because Puerto Rico is a part of the US.
Hello flyer,
I would not push it if I were you. I had a colleague that was from a different country, working in mainland US, but having a house in PRm who would travel back and forth on a H1 and then while adjusting status, every month. This colleague told me that most of the times there are no checks or anything like that. But once a rare while immigration sets up a check point and randomly stops people. This colleague always travelled with her immigration and AP papers and never had any problem.
So if you intend to travel without AP, please make sure you will not have any problems and check with the right authorities (lawyers, immigration etc). Esp if you have been out of status here while adjusting, the consequences of neglecting due diligence will be very high. Please know what you are getting into, if you dont want to apply for an AP.
My two cents
I would not push it if I were you. I had a colleague that was from a different country, working in mainland US, but having a house in PRm who would travel back and forth on a H1 and then while adjusting status, every month. This colleague told me that most of the times there are no checks or anything like that. But once a rare while immigration sets up a check point and randomly stops people. This colleague always travelled with her immigration and AP papers and never had any problem.
So if you intend to travel without AP, please make sure you will not have any problems and check with the right authorities (lawyers, immigration etc). Esp if you have been out of status here while adjusting, the consequences of neglecting due diligence will be very high. Please know what you are getting into, if you dont want to apply for an AP.
My two cents
phila_babu
Registered Users (C)
Puerto Rico is a US territory. There is no customs. I have been there many time and never to carry anything but my driver's licence.
Flyer729 said:
Well seems like opinion is mixed on what you should do. Here is another good link for you -
http://www.visajourney.com/faq/k1k2visa-enter.html#5.12
From this FAQ, which has two answers, one not recommending and one saying there is no problem
-
5.12)...Is it okay for us to go to the US Virgin Islands or Puerto Rico on our honeymoon without Advance Parole?
A...Maybe not a wise thing to do. Even though these islands are US territories or possessions, you may have to deal with Immigration and Customs to get back to the United States. You might have trouble getting back home if you encounter an insane USCIS (INS) inspector, plus, there are too many opportunities to "technically" leave US jurisdiction (by visiting the adjacent islands, for example). Best to take the honeymoon somewhere in the 50 States, where there is plenty to see and do.
A..(newsgroup)..Let me make it as clear as it was explained to me and which the regulation bears out: So long as the K-1'er does not depart ("depart" is also defined in the reg.) the US after making a legal entry s/he can travel to any other location which includes the USVI, PR, Guam, Hawaii, and Alaska.
The inspector I spoke to gave clear examples. (My alien fiancée) can enter the US and we can fly directly from the mainland to the USVI. We can go wherever we want on the islands so long as we don't "touch" ground or water not under US jurisdiction. When we leave she shows her K-1 and I-94 to immigration (which shows she legally entered the US) and off we fly directly to the mainland. However, if while we are there (USVI) we decided to take a trip to the British islands then she would be denied re-entry. I know I used "directly" in this example but we could fly "outbound" mainland-PR-USVI and "inbound" USVI-PR-mainland without fear because in this case she never "departs" the US.
Inspectors (both mainland and USVI) told me that this is not an unusual occurrence. They see K-1'ers all the time.
note that this context if for a K1 visa holder, so use you wiser judgement in interpreting.
hope this helps. If you do land up going, let us know how it went.
all the best.
http://www.visajourney.com/faq/k1k2visa-enter.html#5.12
From this FAQ, which has two answers, one not recommending and one saying there is no problem
- 5.12)...Is it okay for us to go to the US Virgin Islands or Puerto Rico on our honeymoon without Advance Parole?
A...Maybe not a wise thing to do. Even though these islands are US territories or possessions, you may have to deal with Immigration and Customs to get back to the United States. You might have trouble getting back home if you encounter an insane USCIS (INS) inspector, plus, there are too many opportunities to "technically" leave US jurisdiction (by visiting the adjacent islands, for example). Best to take the honeymoon somewhere in the 50 States, where there is plenty to see and do.
A..(newsgroup)..Let me make it as clear as it was explained to me and which the regulation bears out: So long as the K-1'er does not depart ("depart" is also defined in the reg.) the US after making a legal entry s/he can travel to any other location which includes the USVI, PR, Guam, Hawaii, and Alaska.
The inspector I spoke to gave clear examples. (My alien fiancée) can enter the US and we can fly directly from the mainland to the USVI. We can go wherever we want on the islands so long as we don't "touch" ground or water not under US jurisdiction. When we leave she shows her K-1 and I-94 to immigration (which shows she legally entered the US) and off we fly directly to the mainland. However, if while we are there (USVI) we decided to take a trip to the British islands then she would be denied re-entry. I know I used "directly" in this example but we could fly "outbound" mainland-PR-USVI and "inbound" USVI-PR-mainland without fear because in this case she never "departs" the US.
Inspectors (both mainland and USVI) told me that this is not an unusual occurrence. They see K-1'ers all the time.
note that this context if for a K1 visa holder, so use you wiser judgement in interpreting.
hope this helps. If you do land up going, let us know how it went.
all the best.
Thanks everybody for their response.
I guess my situation is a little different from a K-1 since I came with an F-1 which expired in 2003. Although it expired, I stayed an extra year on my OPT. At the end of my OPT, before I had to go back I applied for a H-1 visa. Then stayed in the states while the application was being processed. Six months later I received a notification that my application (H-1) was denied, at the same time I got married and applied my GC process. I have all my receipts and my EAD, but no AP. I guess I will have to decide with the information given to me, if it is worth the risk (probably not). Thanks for the info everybody, and if you have additional info let me know, I will greatly appreciate it.
Flyer
I guess my situation is a little different from a K-1 since I came with an F-1 which expired in 2003. Although it expired, I stayed an extra year on my OPT. At the end of my OPT, before I had to go back I applied for a H-1 visa. Then stayed in the states while the application was being processed. Six months later I received a notification that my application (H-1) was denied, at the same time I got married and applied my GC process. I have all my receipts and my EAD, but no AP. I guess I will have to decide with the information given to me, if it is worth the risk (probably not). Thanks for the info everybody, and if you have additional info let me know, I will greatly appreciate it.
Flyer
When I called the USCIS (like 3-4 months ago and 2 times to check the answers) both replies were "we are telling people to get their AP when they are living US mainland even probably they don't use it but is better to have it". The other situation is that if a plane is diverted for whatever reason then you will need an AP. At the end is your call, but some inspectors make an issue about US mainland and territories.
Good luck,
Good luck,