Advance Parole for Hawaii?
Aug 13th 2002, 6:32 pm
#1
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Advance Parole for Hawaii?
Hello all, this may be a silly question, but will my fiance (here on a K-1 fiance visa) need to get advance parole to go to Hawaii for our honeymoon? I know Hawaii is part of the United States, but since it's an island....guess I just want to be sure. Thanks!
Jenn & Ben
Jenn & Ben
Aug 13th 2002, 7:06 pm
#2
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Re: Advance Parole for Hawaii?
Originally posted by Jenn & Ben:
Hello all, this may be a silly question, but will my fiance (here on a K-1 fiance visa) need to get advance parole to go to Hawaii for our honeymoon? I know Hawaii is part of the United States, but since it's an island....guess I just want to be sure. Thanks!
Jenn & Ben
Hello all, this may be a silly question, but will my fiance (here on a K-1 fiance visa) need to get advance parole to go to Hawaii for our honeymoon? I know Hawaii is part of the United States, but since it's an island....guess I just want to be sure. Thanks!
Jenn & Ben
Since Hawaii is one of the 50 states, I can't see why one would need AP to go there (or to Alaska, either -- another state that's not part of the continental United States). Going to Hawaii should be the same as going to any other state, provided you don't stop somewhere outside of the US along the way (which you probably wouldn't).
BTW, I tried responding to your last email, but it was bounced back because it said your mailbox was full. Just thought you'd want to know!! How was the OBX?
~ Jenney
Aug 13th 2002, 7:34 pm
#3
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Posts: 49
Re: Re: Advance Parole for Hawaii?
Hi Jenney, thanks for the feedback, that's what i'm thinking too. the OBX trip was fun, good to get away. how are things with you?
Hi again -- welcome back!
Since Hawaii is one of the 50 states, I can't see why one would need AP to go there (or to Alaska, either -- another state that's not part of the continental United States). Going to Hawaii should be the same as going to any other state, provided you don't stop somewhere outside of the US along the way (which you probably wouldn't).
BTW, I tried responding to your last email, but it was bounced back because it said your mailbox was full. Just thought you'd want to know!! How was the OBX?
~ Jenney [/QUOTE]
Hi again -- welcome back!
Since Hawaii is one of the 50 states, I can't see why one would need AP to go there (or to Alaska, either -- another state that's not part of the continental United States). Going to Hawaii should be the same as going to any other state, provided you don't stop somewhere outside of the US along the way (which you probably wouldn't).
BTW, I tried responding to your last email, but it was bounced back because it said your mailbox was full. Just thought you'd want to know!! How was the OBX?
~ Jenney [/QUOTE]
Aug 13th 2002, 9:04 pm
#4
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Re: Advance Parole for Hawaii?
We went to Hawaii for our honeymoon, didn't need advanced parole. The only way you
would is if it were not a direct flight from the US mainland to Hawaii. But that's
probably not going to happen.
Meagan
<Jenn &>; "Ben" <[email protected]> wrote in message news:[email protected]...
> Hello all, this may be a silly question, but will my fiance (here on a K-1 fiance
> visa) need to get advance parole to go to Hawaii for our honeymoon? I know Hawaii
> is part of the United States, but since it's an island....guess I just want to be
> sure. Thanks! Jenn & Ben
> --
> Posted via http://britishexpats.com
would is if it were not a direct flight from the US mainland to Hawaii. But that's
probably not going to happen.
Meagan
<Jenn &>; "Ben" <[email protected]> wrote in message news:[email protected]...
> Hello all, this may be a silly question, but will my fiance (here on a K-1 fiance
> visa) need to get advance parole to go to Hawaii for our honeymoon? I know Hawaii
> is part of the United States, but since it's an island....guess I just want to be
> sure. Thanks! Jenn & Ben
> --
> Posted via http://britishexpats.com
Aug 15th 2002, 5:01 am
#5
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Posts: n/a
Re: Advance Parole for Hawaii?
NO
"Jenn & Ben" wrote:
> Hello all, this may be a silly question, but will my fiance (here on a K-1 fiance
> visa) need to get advance parole to go to Hawaii for our honeymoon? I know Hawaii
> is part of the United States, but since it's an island....guess I just want to be
> sure. Thanks! Jenn & Ben
> --
> Posted via http://britishexpats.com
"Jenn & Ben" wrote:
> Hello all, this may be a silly question, but will my fiance (here on a K-1 fiance
> visa) need to get advance parole to go to Hawaii for our honeymoon? I know Hawaii
> is part of the United States, but since it's an island....guess I just want to be
> sure. Thanks! Jenn & Ben
> --
> Posted via http://britishexpats.com
Aug 15th 2002, 5:03 am
#6
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Re: Advance Parole for Hawaii?
No.. Just don't take one of those cruise ships from Hawaii that end up at the Island
in another country. I can't recall the name, but is about 1000 miles away and is used
to meet the requirement that non-US ships can not solely cruise from one part of the
US to another.
in another country. I can't recall the name, but is about 1000 miles away and is used
to meet the requirement that non-US ships can not solely cruise from one part of the
US to another.
Aug 15th 2002, 1:50 pm
#7
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Re: Advance Parole for Hawaii?
Meagan Jaynes wrote:
> We went to Hawaii for our honeymoon, didn't need advanced parole. The only way you
> would is if it were not a direct flight from the US mainland to Hawaii. But that's
> probably not going to happen.
Or if the plane has a problem and is diverted to say Tahiti - then you might have
a problem.
> We went to Hawaii for our honeymoon, didn't need advanced parole. The only way you
> would is if it were not a direct flight from the US mainland to Hawaii. But that's
> probably not going to happen.
Or if the plane has a problem and is diverted to say Tahiti - then you might have
a problem.
Aug 15th 2002, 1:53 pm
#8
Guest
Posts: n/a
Re: Advance Parole for Hawaii?
Meagan Jaynes wrote:
> We went to Hawaii for our honeymoon, didn't need advanced parole. The only way you
> would is if it were not a direct flight from the US mainland to Hawaii. But that's
> probably not going to happen.
Or if the plane has a problem and is diverted to say Tahiti - then you might have
a problem.
> We went to Hawaii for our honeymoon, didn't need advanced parole. The only way you
> would is if it were not a direct flight from the US mainland to Hawaii. But that's
> probably not going to happen.
Or if the plane has a problem and is diverted to say Tahiti - then you might have
a problem.
Aug 15th 2002, 2:03 pm
#9
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Thread Starter
Joined: Jul 2002
Location: Richmond, VA, USA
Posts: 49
Re: Advance Parole for Hawaii?
Thanks, everyone, for all the info!
[QUOTE]Originally posted by Mrtravel:
No.. Just don't take one of those cruise ships from Hawaii that end up at the Island
in another country. I can't recall the name, but is about 1000 miles away and is used
to meet the requirement that non-US ships can not solely cruise from one part of the
US to another.
[/QUOTE
[QUOTE]Originally posted by Mrtravel:
No.. Just don't take one of those cruise ships from Hawaii that end up at the Island
in another country. I can't recall the name, but is about 1000 miles away and is used
to meet the requirement that non-US ships can not solely cruise from one part of the
US to another.
[/QUOTE
Aug 15th 2002, 5:54 pm
#10
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Posts: n/a
Re: Advance Parole for Hawaii?
Jenn & Ben <[email protected]> wrote in message
news:<[email protected]>...
> Hello all, this may be a silly question, but will my fiance (here on a K-1 fiance
> visa) need to get advance parole to go to Hawaii for our honeymoon? I know Hawaii
> is part of the United States, but since it's an island....guess I just want to be
> sure. Thanks! Jenn & Ben
An immigration lawyer comments:
The practice of the INS has been that unless you touch ground outside of the United
States, you do NOT need advance parole. There is a published case from the Board of
Immigration appeals related to this question -- two UK nationals were living in the
US illegally. They sailed from Los Angeles to Honolulu, stopping for provisions in
Ensenada, Mexico. They were placed in proceedings in Honolulu and the question was
whether or not they were making an application for entry or had they already entered
and were therefore to be deported [for technical reasons, the distinction was
important]. The BIA ruled that the stop in Ensenada meant they had left the United
States and were applying for entry.
Now to complicate matters further -- before 1996, section 101(a)(13) contained a
definition of "entry" which included "coming from a foreign port or place" or
American Samoa. This definition was the legal basis for the determination that going
from the mainland US to Hawaii was not an "entry."
However, the comprehensive 1996 legislation eliminated the long-standing definition
of "entry" and replaced it with a new term, "admission." This change was made to
define or refine many of the principles that attached over the years to the old term
of "entry." However, in doing this, the requirement of "coming from a foreign port or
place" was deleted.
I think this was inadvertant, and INS has not changed its interpretation in regards
to US-Hawaii flights -- but an argument can be made that they should.
If I were you, I would get the advance parole knowing you probably won't need it.
But I tend to be paranoid.
news:<[email protected]>...
> Hello all, this may be a silly question, but will my fiance (here on a K-1 fiance
> visa) need to get advance parole to go to Hawaii for our honeymoon? I know Hawaii
> is part of the United States, but since it's an island....guess I just want to be
> sure. Thanks! Jenn & Ben
An immigration lawyer comments:
The practice of the INS has been that unless you touch ground outside of the United
States, you do NOT need advance parole. There is a published case from the Board of
Immigration appeals related to this question -- two UK nationals were living in the
US illegally. They sailed from Los Angeles to Honolulu, stopping for provisions in
Ensenada, Mexico. They were placed in proceedings in Honolulu and the question was
whether or not they were making an application for entry or had they already entered
and were therefore to be deported [for technical reasons, the distinction was
important]. The BIA ruled that the stop in Ensenada meant they had left the United
States and were applying for entry.
Now to complicate matters further -- before 1996, section 101(a)(13) contained a
definition of "entry" which included "coming from a foreign port or place" or
American Samoa. This definition was the legal basis for the determination that going
from the mainland US to Hawaii was not an "entry."
However, the comprehensive 1996 legislation eliminated the long-standing definition
of "entry" and replaced it with a new term, "admission." This change was made to
define or refine many of the principles that attached over the years to the old term
of "entry." However, in doing this, the requirement of "coming from a foreign port or
place" was deleted.
I think this was inadvertant, and INS has not changed its interpretation in regards
to US-Hawaii flights -- but an argument can be made that they should.
If I were you, I would get the advance parole knowing you probably won't need it.
But I tend to be paranoid.
Aug 16th 2002, 1:05 am
#11
Guest
Posts: n/a
Re: Advance Parole for Hawaii?
Andrew DeFaria wrote:
> Meagan Jaynes wrote:
> > We went to Hawaii for our honeymoon, didn't need advanced parole. The only way
> > you would is if it were not a direct flight from the US mainland to Hawaii. But
> > that's probably not going to happen.
> Or if the plane has a problem and is diverted to say Tahiti - then you might have a
> problem.
Of course, that would be odd, since the plane wouldn't even be going in that
direction. If diversion was needed, it could go back to Hawaii.
> Meagan Jaynes wrote:
> > We went to Hawaii for our honeymoon, didn't need advanced parole. The only way
> > you would is if it were not a direct flight from the US mainland to Hawaii. But
> > that's probably not going to happen.
> Or if the plane has a problem and is diverted to say Tahiti - then you might have a
> problem.
Of course, that would be odd, since the plane wouldn't even be going in that
direction. If diversion was needed, it could go back to Hawaii.
