Al Dukor

Hello,

My girlfriend entered the USA 2 years ago as a visitor. We plan to marry
soon. She is also currently out of status and "unlawfully present" more than
180 days because her B-1 extension was denied last April. We realize she
shouldn't travel anywhere that would require re-admission or re-inspection
by INS because she'd likely be barred and denied entry. Considering all
this, would there be any possible risk in traveling to Hawaii? How about the
U.S. Virgin Islands? Since both are US travel I'd assume that going to
either one of those places is akin to going to Florida (i.e. no immigration,
guaranteed return). Is this correct?

Thanks,
Al

TimFountain

Jeez man, if I was you I would spend the money on an immigration lawyer rather than swanning off to Hawaii or USVC. I think you need to re-evaluate your priorities. If the BICS catch up with her, she will be on the next plane home, 1 way ticket....

- Tim

L D Jones

Al Dukor wrote:
    > Hello,
    >
    > My girlfriend entered the USA 2 years ago as a visitor. We plan to marry
    > soon. She is also currently out of status and "unlawfully present" more than
    > 180 days because her B-1 extension was denied last April. We realize she
    > shouldn't travel anywhere that would require re-admission or re-inspection
    > by INS because she'd likely be barred and denied entry. Considering all
    > this, would there be any possible risk in traveling to Hawaii? How about the
    > U.S. Virgin Islands? Since both are US travel I'd assume that going to
    > either one of those places is akin to going to Florida (i.e. no immigration,
    > guaranteed return). Is this correct?

What if the plane is diverted to a non-US destination?

belindapearl

according to an immigration lawyer that I got advise from apprx. 1 year ago, as my husband was considering staying "longer" than allowed in the USA, was NOT TO DO IT! depending on the time she has over-stayed she can be barred to anywhere to 3 years or 10 years!

Plus, we were well advised NOT to travel to hawaii, in actual fact since I live in San Diego, CA. that we should not even travel on the I-5 or I-15 as both these highways have INS officers posted..!

I would not go to either Hawaii, or V.I's not even Tijuana! But rather see an immigration lawyer!

Degten

On Fri, 11 Mar 2005 05:15:17 -0500, "Al Dukor" <[email protected]>
wrote:

    >Hello,
    >My girlfriend entered the USA 2 years ago as a visitor. We plan to marry
    >soon. She is also currently out of status and "unlawfully present" more than
    >180 days because her B-1 extension was denied last April. We realize she
    >shouldn't travel anywhere that would require re-admission or re-inspection
    >by INS because she'd likely be barred and denied entry. Considering all
    >this, would there be any possible risk in traveling to Hawaii? How about the
    >U.S. Virgin Islands? Since both are US travel I'd assume that going to
    >either one of those places is akin to going to Florida (i.e. no immigration,
    >guaranteed return). Is this correct?
    >Thanks,
    >Al

You have to pass through immigration in the USVI. Don't go there.
Try Florida Keys instead I would say, or San Diego.

Joe Feise

belindapearl wrote on 03/11/05 13:28:

    >
    > Plus, we were well advised NOT to travel to hawaii, in actual fact since
    > I live in San Diego, CA. that we should not even travel on the I-5 or
    > I-15 as both these highways have INS officers posted..!


That has never been INS. These checkpoints are inland-checkpoints from
the Border Patrol.

    >
    > I would not go to either Hawaii, or V.I's not even Tijuana! But rather
    > see an immigration lawyer!

There are no immigration checks going to or from Hawaii, as far as I
know. Hawaii is a US state. Travel there is the same as within the
continental US. Same for Alaska.
From Tijuana, you have to show your passport and I-94, so yes, if you
are out of status, don't go there.
For US Virgin Island, and for Puerto Rico, I have heard that there is a
Customs check. I don't know if there also is an immigration check.

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

crg

The checkpoints had always been INS employees. The border patrol was part of the INS, sort of like how the marines are part of the navy. Neither liked to admit it. Now they are CBP since INS has been abolished.

As for state to state travel, immigration authorities can check almost anywhere they wish. They usually choose not to but sometimes they do check domestic flights.

See this link:
http://www.wnyc.org/news/articles/39272

<<<<SNIP>>>>
Domestic Flights Met By Immigration Officials
NEW YORK, NY, May 12, 2004 — Last month, 5 domestic flights originating in Los Angeles were met by immigration officials at Newark and JFK airports. Dozens of undocumented immigrants, mostly from Mexico, were arrested.
.......
295 people were arrested in total. 130 were stopped just prior to boarding New York City bound planes in Los Angeles. And 165 were arrested after they had arrived at Newark and JFK airports. The arrests were part of ongoing investigations into smuggling operations. John Torres is with Immigration and Customs Enforcement , also known as ICE, an agency within the Department of Homeland Security.
<<<<SNIP>>>>

R. Carvish

Joe Feise ([email protected]) writes:
    > That has never been INS. These checkpoints are inland-checkpoints from
    > the Border Patrol.

They have these guys outside of Van Horn Texas and in the Las Cruces New
Mexico area (both ways to get out of El Paso), if you so much as admit
you're not born in the US, they demand paperwork to prove your status. I
had to show them a valid I-94w to satisfy their check. There is a
likelyhood these guys hang out in many places along the Mexican border, or
anywhere that might be used as a land passageway for illegals to continue
into the US from Mexico.

Joe Feise

R. Carvish wrote on 03/12/05 06:20:

    > Joe Feise ([email protected]) writes:
    >
    >>That has never been INS. These checkpoints are inland-checkpoints from
    >>the Border Patrol.
    >
    >
    > They have these guys outside of Van Horn Texas and in the Las Cruces New
    > Mexico area (both ways to get out of El Paso),


Yup, I have come across them near Las Cruces as well as in San Diego
county. They also have mobile inland checkpoints, e.g., in Arizona.
One correction to my statement above (crg pointed that out): the border
patrol infact used to be part of legacy INS. They are now separate from
CIS, they are now part of BCP.

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.