Asylum applicants can travel to Hawaii legally while their case is pending. Any asylum applicant can travel to any state within the United States, as well as to any US territory. This includes places or locations under the full control of the U.S. federal government. Asylum applicants should not travel internationally without proper, official permission. Any asylum applicant who is considering domestic, and/or international, travel should consult an immigration attorney to discuss all relevant details regarding their intended travel.

Requirements for Seeking Asylum in the United States

Asylum seekers must meet certain requirements, detailed below, to be granted asylum status. This means any non-citizen who arrives in the U.S., either with a visa or undocumented, may request asylum if they fear returning to their country of origin due to persecution. Asylum seekers must, however, be physically present in the U.S., or must be at a U.S. port of entry, at the time of their application. Individuals are required to apply for asylum within one year of entering the country. An applicant who files after the 1-year bar must demonstrate that there were “extraordinary circumstances” that excuse the delay of the application. In such cases the applicant must show that the extraordinary circumstances directly related to the reason for the late application and that the applicant did not directly cause the extraordinary circumstances 

Eligibility Criteria for Asylum Applications

Foreign nationals applying for asylum in the U.S. are seeking protection due to having suffered past persecution or they have a fear of future persecution due to one or more of the following reasons:

  • Race
  • Religion
  • Nationality
  • Membership in a particular social group
  • Political opinion

How Asylum Applicants Can Safely Travel to Hawaii

Traveling to Hawaii as an asylum applicant is perfectly legal. Hawaii is a state within the U.S. and all rights and legal regulations are the same as on the mainland. All individuals who have applied for asylum are allowed to freely travel to any US state or US territory.

Essential Documents And Details for Hawaii Travel as an Asylum Applicant

Although travel within, and between, all US states and territories is allowed, there are some important precautions to consider when making plans to travel to Hawaii, as follows:

  • Fly or travel domestically
  • Travel directly (non-stop) to Hawaii
  • Travel directly (non-stop) back to any other U.S. state (if Hawaii is not the final destination)
  • Do not take any flights with any international transit stops. 
  • Bring a copy of the Application for Asylum and for Withholding of Removal (Form I-589) receipt notice and an approved Employment Authorization (EAD) card, in case a U.S. Immigration and Customs Enforcement (ICE) asks any questions
  • Obtain an Application for Travel Document (Form I-131) in the event that a flight makes an emergency landing in another country

Important Re-Entry Considerations for Asylum Applicants

Though it is highly unlikely that a flight would have to make an emergency landing in a foreign country when flying to Hawaii, travelers without authorized Advance Parole may not be allowed to re-enter the U.S. This is because landing in a third, or foreign, country is considered as having left the U.S., which is not allowed while an asylum application is pending without proper authorization.

While an asylum applicant can freely travel to Hawaii with no problems, no international travel is recommended as an asylum applicant until your case has been decided. Any asylum applicant who leaves the U.S. while seeking asylum, even for short trips or vacations, can be considered as having abandoned their asylum application.

Advance Parole Requirements for Asylum Applicants

In addition, anyone who leaves the U.S. without proper authorization can be denied re-entry to the U.S., which may lead to withdrawal of your asylum application.

If international travel becomes a serious and critical necessity, an asylum applicant should request Advance Parole, which is the official authorization allowing an asylum applicant to leave and return the U.S. It is however, important to remember that even with Advance Parole, a U.S. border agent has the authority to deny entry if he so wishes. While this does not happen often, it remains a risk that any asylum applicant must consider before undertaking any international travel.

Frequently Asked Questions

Can I use my pending asylum application documents as identification when traveling to Hawaii?

Yes, you can use your pending asylum application documents as identification when traveling to Hawaii. It's recommended to carry your Form I-589 receipt notice and your Employment Authorization Document (EAD) card if you have one. These documents serve as proof of your legal status in the United States. However, for air travel, you'll also need a government-issued photo ID that meets TSA requirements, such as a foreign passport or a state-issued ID card.

Are there any special security procedures for asylum applicants at Hawaiian airports?

There are no special security procedures specifically targeting asylum applicants at Hawaiian airports. The standard TSA screening process applies to all travelers. However, it's always advisable to arrive early at the airport, carry all your documentation, and be prepared to answer basic questions about your travel purposes if asked by immigration officials. Remember that Hawaii, despite being geographically separated from the mainland, follows the same federal immigration regulations as any other U.S. state. Learn more about benefits available to asylum seekers while traveling domestically.

What happens if my flight to Hawaii has an emergency stop in another country?

If your flight to Hawaii makes an unexpected emergency landing in another country, it could potentially complicate your asylum case. Without Advance Parole, this unplanned international stop might be considered as leaving U.S. territory, which could jeopardize your pending asylum application. This is why it's crucial to select direct flights to Hawaii whenever possible. As a precaution, some immigration attorneys recommend obtaining Form I-131 (Application for Travel Document) even for domestic travel to remote locations like Hawaii.

Can my family members travel with me to Hawaii while our asylum case is pending?

Family members included in your asylum application can travel with you to Hawaii, subject to the same restrictions and recommendations. Each family member should carry their own documentation, including copies of the asylum application receipt and any work authorization documents. If some family members were not included in your original asylum application, consult with an immigration attorney before planning travel to understand their specific legal situation and documentation requirements. If considering marriage during the asylum process, learn how this might affect your application.

 
 

Wrapping Up

Asylum applicants can legally travel to Hawaii without jeopardizing their application status, as long as they remain within U.S. territories. While enjoying the freedom to explore all 50 states, it's crucial for asylum seekers to carry proper documentation, avoid international connections, and understand re-entry requirements. Consulting with an immigration attorney before planning any trip to Hawaii is highly recommended to ensure compliance with current regulations. Remember that domestic travel within the United States is permitted, but international travel without Advance Parole could result in serious consequences, including abandonment of your asylum application. By following these guidelines, asylum applicants can safely experience Hawaii's beautiful landscapes while maintaining their legal standing throughout the asylum process.