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If someone is waiting for their green card in the USA, could they travel to Puerto Rico since it is a territory. Under a green card application one is not allowed to leave the USA, if they do it is seen as abandoning my application. However if the flight is domestic it assume there would be no problem as there is no immigration.

Vagish
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  • If you have a state ID, just use that one. I flew to Puerto Rico few years ago as F-1 student. – mlt Aug 11 '14 at 18:38
  • @mlt What state ID did you use? – Vagish Aug 11 '14 at 18:45
  • You can fly domestic airlines with ID of any state. I had MN driver's license that time. – mlt Aug 12 '14 at 20:00
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    @mlt Not all US state identifications are valid for flying as of 2020-10-01. See the TSA Identification page. – Basil Bourque Jan 03 '20 at 22:05
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    FYI if you apply for a reentry permit prior to leaving the US you can stay outside of the country for up to 2 years without you been deemed as abandoning your LPR status. But I'd be consulting an immigration lawyer before I did that. – Peter M Sep 24 '20 at 22:15

3 Answers3

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Flights to Puerto Rico are considered domestic flights, and US Citizens do not need a passport to travel between the US and any US territories. However, foreign citizens do need a passport to travel between the two, (see answers.usa.gov) so I can't say for certain how a trip like that will affect your Green Card eligibility. Your best bet is to check with an immigration official.

LessPop_MoreFizz
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  • What ID do US citizens take? Would an Ohio driving licence suffice? – Vagish Aug 11 '14 at 12:49
  • @Vagish: That should be asked as a separate question. – Flimzy Aug 11 '14 at 17:52
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    @user102008 I've added a link to a citation. (It will appear when the edit is approved.) – Alan Munn Aug 11 '14 at 21:56
  • @Vagish You should take your passport with valid U.S. visa, and any additional paperwork. While Puerto Rico is a domestic flight, CBP does briefly talk to passengers on flights departing Puerto Rico, asking citizenship. This works similarly to the CBP checkpoints seen on U.S. highways in some states, though obviously without the highway or vehicles. – Michael Hampton Aug 11 '14 at 23:40
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    But how do they know you are not a U.S. national if you just use another photo ID? – user102008 Aug 12 '14 at 00:33
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    I've been to PR twice as a non-US citizen, both times traveling from the mainland. On neither occasion did I need to talk to CBP, and on neither occasion did I need to show my passport (I have a US drivers license). However, any non-Citizen should always travel with their passport, especially when travelling to areas like PR or the border states. Regardless, none of this is relevant for the original question. – Doc Aug 12 '14 at 01:05
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    @Doc There is a distinct gap between "you must show these documents" and "you must be able to show these documents upon request". – LessPop_MoreFizz Aug 12 '14 at 01:27
  • I've flown from the US mainland to PR and back using nothing but a driver's license from a US state. Nobody batted an eye or asked to see anything else. While CBP may speak to some passengers, it is not done universally - so you might be on a flight where no one is selected or where you are simply waved through. – Robert Columbia Oct 17 '16 at 15:07
  • The link showing that foreign citizens is no longer functional. United disagrees with you and doesn't list anything special for foreign citizens. Likewise I cannot find any official US government pages making such a statement. I strongly suspect that this answer is therefore incorrect. – JonathanReez Sep 24 '20 at 23:22
  • There is a requirement to carry your Green Card with you at all times though. As far as US authorities are concerned you never need your passport if you have a Green Card. – JonathanReez Sep 24 '20 at 23:24
  • The link in the answer appears to be dead. – Michael Hampton Sep 25 '20 at 02:31
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Note: This answer was written specifically for green card holders and may not be entirely applicable to US citizens, visitors, or temporary residents.

Yes, Puerto Rico is part of the USA for immigration purposes, as is every US territory and possession. You can stay there as long as you wish. In fact, many green card holders live in Puerto Rico and other US territories.

From the USCIS document M-618 (rev. 09/15) Welcome to the United States A Guide for New Immigrants:

The United States now consists of 50 states; the District of Columbia (a special area that is the home of the federal government); the territories of Guam, American Samoa, and the U.S. Virgin Islands; and the Commonwealths of the Northern Mariana Islands and Puerto Rico.

There are a few other minor outlying possessions (such as some protected Pacific islands) which are also part of the USA but traveling to such places requires special permission. They aren't mentioned because travel to them is extremely rare, and in most cases no one at all lives there, but as they are part of the USA they still count.

Note that many US territories and possessions have different customs and agriculture/biosecurity rules than the mainland US, but this does not affect your immigration status. American Samoa, however, has different immigration rules and while you can visit you cannot reside there without permission.

Note also that you need to bring your green card if you travel to or from Puerto Rico or the US Virgin Islands. I also recommend that you (and everyone else) bring your passport. While this is a purely domestic flight, and it is not required for you to have your passport, if the flight has an emergency or there is bad weather at the destination it may need to divert to an airport at an island which is not part of the USA. It will be helpful to have your travel documents if this happens.

Michael Hampton
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  • "You will need your travel documents if this happens" -> what do US citizens do if this happens? Most would only have their driving license on this flight. – JonathanReez Sep 24 '20 at 22:31
  • @JonathanReez Good point. I tried to find out, but I wasn't able to locate an actual flight in the last few decades that did have to divert in this manner. I suppose it also depends on what country the plane actually lands in. Though being American I would absolutely have my passport on this flight regardless. – Michael Hampton Sep 24 '20 at 22:57
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    I'd remove it from the answer though, as it makes it seem like Green Card holders need to do something that US citizens don't have to do. I also imagine that whatever Carribean island you land in will let you enter under the circumstances. – JonathanReez Sep 24 '20 at 23:07
  • @JonathanReez I'd tell an American citizen to bring their passport too, but an American citizen didn't ask the question. – Michael Hampton Sep 25 '20 at 00:57
  • I've created a question to discuss this further: https://travel.stackexchange.com/questions/159523/what-happens-if-a-domestic-flight-lands-in-a-foreign-country-due-to-an-emergency – JonathanReez Sep 25 '20 at 01:05
  • @MichaelHampton - I agree with you. Things have changed greatly between pre-9/11 and now. I have crossed both our North and South borders with nothing but a smile. I have driven a van full of passed out soldiers and college kids (some Hispanic) across the border with their only identification to border patrol being my word that they were all legal. I’ve even flown to various countries without a passport (military ID only). Now, I don’t even fly as a GA pilot in South Texas unless I have my passport. My non-Hispanic (South African) wife has been stopped on multiple occasion on domestic flights. – Dean F. Sep 25 '20 at 02:44
  • My personal opinion based on personal experience (through my wife), don’t leave CONUS (Lower 48 states) without your resident alien ID or “greencard”. Even if the flight would not normally require a passport. A flight to the PR or Hawaii might still give CBP reason to detain you. While there is little to fear besides a tongue-lashing if you are otherwise legal. It is still a major inconvenience. And yes, even traveling to and from border cities within the US poses this risk. – Dean F. Sep 25 '20 at 02:49
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    @DeanF. Green card holders are required to carry their green card at all times as per UCIS https://www.uscis.gov/green-card/after-we-grant-your-green-card – Peter M Sep 25 '20 at 13:38
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    "Puerto Rico is part of the USA for immigration purposes, as is every US territory and possession." Not every territory. American Samoa is not part of the "United States" for immigration purposes. It has its own entry and residence permit system. INA 101(a)(38) defines the "United States" for the purposes of the INA as "the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands." – user102008 Sep 25 '20 at 18:56
  • @user102008 How are green card holders living there, then? – Michael Hampton Sep 25 '20 at 19:04
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    @MichaelHampton: Green card holders from elsewhere in the US can visit American Samoa if they get an entry permit like any other foreigner, but they cannot stay there long term without a residence permit; and stays in American Samoa count as absence from the US so I believe they would be at risk of abandonment of green card if they stay there too long. – user102008 Sep 25 '20 at 19:34
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It's domestic, period, so no passport control. Never heard of CBP officials doing spot checks for flights to/from Puerto Rico but if they do, you could explain your Status to them in case you don't bring your passport. They will be able to check it out

Btw, once you get your Green card it's all you need even when entering the US from overseas. For example if you go to Europe, although a passport is needed for entry over there, once you get back to the US you simply present the Green Card.

Crazydre
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    CBP does random checks of flights from Puerto Rico to the mainland, due to the high incidence of illegal immigrants from the Dominican Republic or elsewhere. Legally this is similar to the highway checkpoints in the southwestern US. – Michael Hampton Apr 27 '16 at 01:14
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    I see! However, seeing as passports aren't required for the travel itself, surely one should be able to board without unless the officer smells something fishy? – Crazydre Apr 27 '16 at 01:21
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    Right. They aren't looking for the people with visas or green cards. They're looking for people who got illegally smuggled into the country. – Michael Hampton Apr 27 '16 at 01:22
  • @MichaelHampton is it Border Patrol agents or CBP field agents? What would they do if they found a noncitizen who did not have a passport? – phoog Oct 10 '18 at 19:43
  • @phoog Having a valid passport isn't per se a prerequisite for being legally in the US. Unlike in most countries, whether you're legal is determined by your registered status, not by what documents you hold (other than the physical I-94 if your entry wasn't electronically recorded). To gain entry is another thing – Crazydre Jan 07 '19 at 22:20
  • @Crazydre I'm well aware of that, as you probably know, but there is a legal requirement for most aliens to carry their "registration documents," which for most visitors will be the stamp in their passport. This requirement is widely misunderstood, especially by US Border Patrol (N.B. not CBP), and I suspect that most prosecutions would fail to stand up to an aggressive challenge. Furthermore, see https://help.cbp.gov/app/answers/detail/a_id/980/~/needing-a-passport-to-enter-the-united-states-from-u.s.-territories, especially the paragraph about non-US citizens. – phoog Jan 07 '19 at 22:34
  • @phoog Yep, but the worst thing that's likely to happen (if the foreigner can present some government-issued ID) is them checking them against the I-94 record. Of course, if the entry isn't registered, it's crucial to have the paper form – Crazydre Jan 07 '19 at 22:39
  • Worst thing that's likely to happen, perhaps, but there have been prosecutions under that section. The paragraph about having to have your passport doesn't make sense in light of the regulations, which treat a flight between Hawaii and California the same as one between Puerto Rico and Florida, or the US Virgin Islands and Florida, whereas CBP does not treat them the same. But the fact that CBP maintains that foreigners need a passport implies that one without a passport would likely face trouble. A pending green card application should as a matter of law be unaffected, however. – phoog Jan 07 '19 at 22:44
  • @phoog Mind sharing a link to one such case about a non-immigrant? – Crazydre Jan 07 '19 at 23:34
  • @Crazydre I had in mind https://attorneypages.com/law-questions/What-is-the-penalty-of-fai-257262.htm, though this is an immigrant. But it looks like a state or local cop wrote the ticket, which they really have no business doing, and they would presumably be even more likely to misunderstand how the law applies to nonimmigrants than a federal immigration officer. – phoog Jan 08 '19 at 03:57