Legal Question in Immigration Law in Florida

Travel

Hello, my fiance is a non-citizen but legal resident of the US. He has a felony on his record that happen more than 10 years ago. It is a aggravated battery charge. Can he travel out the country and back with no problems? He is afraid he wont get back into the country if he travels. Please help.


Asked on 9/10/08, 11:51 am

2 Answers from Attorneys
Johm Smith tom's

Re: Travel

Be safe and don't travel out until the process is complete and he is a citizen. It just isn't worth the risk.

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Answered on 9/14/08, 5:43 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: Travel

My recommendation is that he not travel outside of the U.S. He will be referred to inspection. How long ago was the conviction? I presume you are a U.S. citizen. Do you and he have any plans to marry? I will tell you this: he will have no problem getting into the country, but he will surely be detained and, likely, end up before the immigration court. Depending on the seriousness of the charge, and the state in which he was convicted, he may or may not be able to apply for cancellation of removal in the event he is before an immigration court. Prior to that, he should not travel.

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Answered on 9/11/08, 5:52 pm


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