Can an I-485 filer go to Puerto Rico?

May 17, 2007 7:13 PM

Does Puerto Rico count as international travel for the purposes of a US Immigration form I-485 filer?

A good friend asked me to post this for her. Maybe y'all can help?

I am currently in graduate school on an F-1 student visa.
I recently got married to an U.S. citizen. We have filed
an I-485 application for status change. I want to know,
since my application has not been processed, am
I allowed to travel to Puerto Rico under my current visa
next month in June?
I know that once my I-485 has been processed, I am
not allowed to leave the country. Is traveling
to Puerto Rico considered "leaving the country" for F-1
students?

posted by rbs to law & government (7 comments total)

Puerto Rico is part of the United States, so this travel would not be considered leaving the country.
posted by RossWhite at 7:17 PM on May 17, 2007

RossWhite, it's my understanding that student visa holders going to PR are required to bring extra documentation, beyond that normally required for domestic travel.

Do you know for a fact, or just based (as I did, when talking to her) on the assumption that because it's part of the USA (as a territory), it's cool?
posted by rbs at 7:24 PM on May 17, 2007

I wouldn't risk it. "People have been refused entry on an F1 visa if they are married to a USC since they no longer have 'non-immigrant intent' required for the F1 visa when re-entering the country."
[here], and IANAL.
posted by Liosliath at 8:35 PM on May 17, 2007

IANAL but I've had a couple of H1-Bs. I don't believe anything about immigration unless it comes out of an immigration lawyer's mouth. The vagaries of immigration are myriad, esp post 9-11. The time and money spent on sound advice now will be less than the amount spent trying to fix a problem should you violate the terms of your visa. Unfortunate, but true.
posted by poissonrouge at 12:46 AM on May 18, 2007

Contact Homeland Security to be completely sure but all US territories are considered as "in-country". A foreigner must follow the same procedures to get a student visa to any of them so it stands to reason that it is not considered international travel.
posted by JJ86 at 5:53 AM on May 18, 2007

A danger with this plan is that if the plane has trouble and lands in the BVI or Dominican Republic or other foreign lands, you're fucked.

It wouldn't help you for June, but you can just file for advance parole. You can travel all you want then.
posted by ROU_Xenophobe at 6:17 AM on May 18, 2007

I'd also ask more than one immigration lawyer, if you can...we had a bad experience with one where he told us that direct consular filing was "impossible, couldn't be done."

I sent him a copy of my husband's new green card after we finished Mission Impossible.
posted by Liosliath at 7:10 AM on May 18, 2007