Friday, 21 March 2014

My husband and I want to go on a cruise to Bermuda, but he doesn't have a green card. We haven't started the process of that yet, but he has...

Question

My husband and I want to go on a cruise to Bermuda, but he doesn't have a green card. We haven't started the process of that yet, but he has a passport and a ssn card and a workers permit. He came to the US legally when he was 10 on a tourist visa, but it expired and he is now under the dream act. We want to go on a cruise for our honeymoon. I called Royal Caribbean Cruise line and they said he only needs a passport that is valid. Would he have trouble getting back into the US?



Answer

Yes, I think that would be a distinct possibility, i.e. trouble for the

bridegroom in getting back into the country under the facts as described (in my opinion).



Answer

If he is out of status (i.e., in the U.S. illegally), I would not recommend that he leave the country. Even if you file the I-130/I-485 now, he cannot travel on advance parole because he has accrued too much unlawful presence & will be barred from re-entering the U.S. for 10 years. He should not depart the U.S. until he has a greencard. You should file asap!



Answer

Hello - please call my law office at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM



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