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Thread: Can I go to Puerto Rico with expired I-94 and I-485; I-130 pending?

  1. #1
    Can I go to Puerto Rico with expired I-94 and I-485; I-130 pending? I am a Polish citizen living in US. I came to the US in 1997 as a tourist (visa B2) and never left the country. In May, 2004 I got married to US citizen and in October we filled forms I-485; I-130; I-797 with USIC. The form I-797 was approved (I have Employment Authorization Card and Social Security) and forms I-485 and I-130 are still pending. On April 2, 2005 we had an interview with USIC officer and it went well accept that we had to show joint tax return for 2004 witch we are still waiting for IRS to send them to us (certified copies take at least 60 days). My question is. I would like to go for vacation to Puerto Rico with my husband, our 6 months old daughter and my parents in-law. I don't think I will get my green card before that because we just got a letter from USIC that the officer who was previously assigned to work on our case is no longer with UCIS and that the case is being re-assigned to anther officer for completion. On airline website there is a statement: "for Puerto Rico exit Requirements, Immigrations pre-inspection may take place prior to departure requiring customers to provide proof of their legal right to enter the U.S. "I called Airlines, USIC customer service and US customs. I got the same answer from everybody "Yes we think you can go as long as you have Government Issue ID (that would be my EAC, but on the card there is a note "not valid for reentry to US") because Puerto Rico is a US Territory and I am not living the Country. I am still not sure if I can go because they weren't sure. I do not want to take a chance that I will be separated from my 6 months old daughter (us citizen) and my husband. I would really appreciated you answer on this matter. My trip to Puerto Rico is booked for July 3, 2005. Thank you very much for your time.

  2. #2
    Can I go to Puerto Rico with expired I-94 and I-485; I-130 pending? I am a Polish citizen living in US. I came to the US in 1997 as a tourist (visa B2) and never left the country. In May, 2004 I got married to US citizen and in October we filled forms I-485; I-130; I-797 with USIC. The form I-797 was approved (I have Employment Authorization Card and Social Security) and forms I-485 and I-130 are still pending. On April 2, 2005 we had an interview with USIC officer and it went well accept that we had to show joint tax return for 2004 witch we are still waiting for IRS to send them to us (certified copies take at least 60 days). My question is. I would like to go for vacation to Puerto Rico with my husband, our 6 months old daughter and my parents in-law. I don't think I will get my green card before that because we just got a letter from USIC that the officer who was previously assigned to work on our case is no longer with UCIS and that the case is being re-assigned to anther officer for completion. On airline website there is a statement: "for Puerto Rico exit Requirements, Immigrations pre-inspection may take place prior to departure requiring customers to provide proof of their legal right to enter the U.S. "I called Airlines, USIC customer service and US customs. I got the same answer from everybody "Yes we think you can go as long as you have Government Issue ID (that would be my EAC, but on the card there is a note "not valid for reentry to US") because Puerto Rico is a US Territory and I am not living the Country. I am still not sure if I can go because they weren't sure. I do not want to take a chance that I will be separated from my 6 months old daughter (us citizen) and my husband. I would really appreciated you answer on this matter. My trip to Puerto Rico is booked for July 3, 2005. Thank you very much for your time.

  3. #3
    You may apply for Advance Parole. This is the site:

    http://uscis.gov/graphics/howdoi/travdoc.htm

    Try to visit ur nearest USCIS and see if they could automatically issue u an advance parole than waiting for the whole process (30-90 days) base on ur situation.


    Good luck.

  4. #4
    When you apply for advance parole, u must of course bring proof and documentation, ticket, receipt of pending I-485, etc. In ur case, they might give you an advance parole right away because of the situation. Or worse, you will have to file it and wait 30-90 days.

  5. #5
    Ola: You are not eligible to use Advance Parole, as you were illegally in America for more than 365 days. It is best that you don't leave the country at all before you receive your Permanent Residency (Green Card).

    If you leave the country before receiving your Permanent Residency...even with Advance Parole...you will be denied reentry, as you are currently inadmissible for a period of ten years.

    I'm not sure of the exact immigration situation as it pertains to Puerto Rico, but it just doesn't seem to be worth the risk. Puerto Rico is a territory of the United States, but it is NOT the United States.

  6. #6
    Oh gosh, illegal for some years? expired I-94 on tourist visa?

    My bad, i didnt pay attention to the details. Sure wouldnt be a good idea to leave the USA even IF you get an advance parole.

    Wait for I-485 to be approved.

  7. #7
    even though if u get advance parole u will be banned for 10 years. It is adviced for people who have done overstay not to apply for advance parole and stay in the country till u get ur actual greencard.

  8. #8
    OLA! you will have to wait to aos is approved after interviwed ect. trip to puerto rico is consid. as a trip to outside territory of u s a . even that puerto rico is in common law part of us territory . you as forain nationnal will have to go to us custom and border prot. and thay you get a problem . just hold up with this plan

  9. #9
    Advance parole is not required to visit Puerto Rico.

    As per the Immigration and Nationality Act.

    (38) The term "United States", except as otherwise specifically herein
    provided, when used in a geographical sense, means the continental
    United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin
    Islands of the United States.

  10. #10
    Oh wow, thats something new!!! I didnt know that.

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