Can My Spouse Travel Without Advanced Parole?

[A & Y Morocco 8]

Hello,

 

I filed for AOS for my husband in May. We would like to go to on a honeymoon on the other side of the US. Is he able to get on a plane and return home without issues?

 

Best,

A

[Ontarkie 13,957]

~~Moved to Working and Traveling, from AOS Family K1/K3 P&P - The op is asking about traveling while waiting for AOS~~

He should not have any issues traveling inside the US. Always good to carry copies of the NOA's just incase. 

[A & Y Morocco 8]

What does he need to travel?

[Boiler 43,720]

Ticket

Passport

I would take NoA.

[A & Y Morocco 8]

Do you guys suggest I hold off on the honeymoon or is it relatively safe for him to travel with his passport?

Thank you for your answers. 

[HRQX 4,145]

8 minutes ago, A & Y Morocco said:

What does he need to travel?

Valid ID. For example, he can use his foreign passport.

16 minutes ago, A & Y Morocco said:

on the other side of the US.

Not an issue as long as he doesn't leave the US (e.g. via a foreign transit airport) https://web.archive.org/web/20190824072204/https://www.uscis.gov/archive/blog/2014/05/five-questions-about-advance-parole_9

Do I need advance parole if I am flying from the continental United States to Puerto Rico?  What about Hawaii, Alaska, Guam, or the Commonwealth of Northern Mariana Islands?

No, advance parole would not be needed if you travel directly between parts of the United States, which includes Guam, Puerto Rico, U.S. Virgin Islands, American Samoa, Swains Island and the Commonwealth of the Northern Mariana Islands (CNMI), without entering a foreign port or place.

Edited July 30, 2021 by HRQX

[Adventine 3,187]

I am also going through AOS and flew domestic last month using my foreign passport. No issues at all.

 

[Pinkrlion 2,611]

As long as ticket name and passport name match, you can travel within the US without any issues.  

[Mike E 11,726]

21 hours ago, A & Y Morocco said:

Hello,

 

I filed for AOS for my husband in May. We would like to go to on a honeymoon on the other side of the US. Is he able to get on a plane and return home without issues?

 

Best,

A

Not sure what “other side of US” means as the US is rather wide, spanning Guam to USVI.  
 

Thus it depends on the risk of flight being diverted to another country.  
 

I would avoid nonstop flights between

 

* The rest of the USA (TROU) and PR/USVI

 

* Alaska and TROU

 

* San Diego / Seattle and Hawaii / Guam / CNMI

 

* Texas /  Florida and Guam / CNMI 

 

Note that American Samoa is a US territory only in name.  It has its own immigration system and so should be avoided. Fortunately airlines are unlikely to board a Moroccan citizen to American Samoa.   USCIS apparently claims otherwise but USCIS (as well as CBP and ICE) have no authority in AS.  

 

Basically plot the Great Circle between the two airports and decide on the risk of diversion to a foreign country.  
 

Regardless he should carry the I-485’s NOA1 with him when traveling. 

 

 

 

Edited July 30, 2021 by Mike E

[Skyman 289]

I'm pretty sure a scheduled domestic flight that is diverted to a foreign country would not be a problem. 

[Mike E 11,726]

1 hour ago, Skyman said:

I'm pretty sure a scheduled domestic flight that is diverted to a foreign country would not be a problem. 

I can’t find any case that assures me this is accurate.  The nearest I found was that of a flight attendant who traveled to Mexico on Mesa airlines without AP and ended up in an ICE box for a month.  It would have surprised me that Mesa said the FA could do it because she never actually left the aircraft when in Mexico. 
 

As this is well outside  from DIY territory (pun intended) I thus advise @A & Y Morocco to consult an competent attorney specializing in adjustment of status cases what happens when a domestic flight it diverted to a foreign country.  

Edited July 30, 2021 by Mike E

[HRQX 4,145]

4 hours ago, Mike E said:

but USCIS (as well as CBP and ICE) have no authority in AS.

That is correct. But OP's husband can travel between Hawaii and AS. Doing so does not abandon his pending I-485; see 8 CFR § 245.2(a)(4)(ii) and 8 CFR § 235.1. "United States" in those sections is based on INA 215(c)

Quote

The term “United States” as used in this section includes the Canal Zone, and all territory and waters, continental or insular, subject to the jurisdiction of the United States. The term “person” as used in this section shall be deemed to mean any individual, partnership, association, company, or other incorporated body of individuals, or corporation, or body politic.

AS is an "insular area" of the US and the U.S. secretary of the interior has "jurisdiction" over AS since 1951.

 

If in need of further clarification, here is the meaning of INA 215(c) spelled out in crystal clear terms: https://www.federalregister.gov/documents/2006/08/11/06-6854/documents-required-for-travelers-arriving-in-the-united-states-at-air-and-sea-ports-of-entry-from "includes Guam, Puerto Rico, the U.S. Virgin Islands, American Samoa, Swains Island, and the Commonwealth of the Northern Mariana Islands."

Edited July 31, 2021 by HRQX

[Mike E 11,726]

12 hours ago, Mike E said:

I can’t find any case that assures me this is accurate.  The nearest I found was that of a flight attendant who traveled to Mexico on Mesa airlines without AP and ended up in an ICE box for a month.  It would have surprised me that Mesa said the FA could do it because she never actually left the aircraft when in Mexico. 
 

As this is well outside  from DIY territory (pun intended) I thus advise @A & Y Morocco to consult an competent attorney specializing in adjustment of status cases what happens when a domestic flight it diverted to a foreign country.  

I believe CBP disagrees:

 

https://help.cbp.gov/s/article/Article-1772?language=en_US

 

 Can Deferred Action for Childhood Arrivals (DACA) individuals travel to U.S. territories (other than American Samoa) without Advance Parole?

 

…

 

Please be aware that for travelto any location other than the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, or the Commonwealth of the Northern Mariana Islands, you must have advance parole from USCIS prior to departure,

Even though the specific context is DACA,  I would not advise anyone with AP to try it.  Even if CBP permitted it (which I doubt), it would not surprise me if an airline refused to board.  Given the dearth of flight options between AS and the USA, I put this one in the category of not worth it.  
 

Also, @A & Y Morocco  this reminds me that some locations within border states   are treated by CBP as international locations.  I know specifically of just one, Hyder Alaska.  One can legally enter Hyder from Canada without going though a CBP check point as CBP stopped staffing its check point.  When flying from Hyder to the rest of the USA, CBP treats the flight as international arriving flight.  So take Hyder off the list too.  (Canada btw does staff this check point for crossing into Canada).  
 

It would not surprise me if there are other quasi exclaves of the USA with similar treatment.  

Edited July 31, 2021 by Mike E

[flicks1998 1,044]

On 7/30/2021 at 7:56 PM, Mike E said:

I can’t find any case that assures me this is accurate.  The nearest I found was that of a flight attendant who traveled to Mexico on Mesa airlines without AP and ended up in an ICE box for a month.  It would have surprised me that Mesa said the FA could do it because she never actually left the aircraft when in Mexico. 
 

As this is well outside  from DIY territory (pun intended) I thus advise @A & Y Morocco to consult an competent attorney specializing in adjustment of status cases what happens when a domestic flight it diverted to a foreign country.  

I was once on a flight that was diverted to another country.  We were not allowed to leave the aircraft.  It was a full flight and we were grounded for around 7 hours before we flew to the original destination.  Typically passengers wont be allowed to disembark in these instances or at least pass through immigration.  Some airports where flights are diverted to may not even have an immigration to go through. 

 

If by some chance, passengers had to disembark and went through a 3rd country immigration, I believe it could be problematic for when that person re-enters the US without the Advance parole though.

 

 

Edited August 4, 2021 by flicks1998