Legal Question in Immigration Law in Texas

Out-of-state Small Claims Court

1. I was denied boarding to a cruise ship on December 20.

2003, at Houston, Texas. I live in Dallas, Texas. The

cruise company's headquarter is in Miami, Florida.

2. I lost my passport and certificate of naturalization

but I do have official letter from State Dept.,

says I am a US citizen and original passport application

3. Do I have a case to sue the cruiseship co. to get my

money back and cost of rearrangemeat/travel plan.

4. If I have a case, can I sue the cruiseship co. and let

them come to Houston without traveling to Miami in

a Small Claims Court? or it better be handled by a

lawyer. What is my chances of wining?


Asked on 2/21/04, 11:04 am

2 Answers from Attorneys

Elizabeth Schaefer SCHAEFER LAW FIRM

Re: Out-of-state Small Claims Court

I see Ms. Goldfarb answered the immigration portion of your question. Whether you have a cause of action for moneys paid depends on the terms of your contract with the cruise company.

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Answered on 2/21/04, 5:21 pm
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Out-of-state Small Claims Court

Since this is an immigration forum, I will try to answer the immigration portion of you question. I suggest you post the rest of your question elsewhere. When a carrier takes passengers internationally, they have to make sure that the passenger has the proper immigration documents to enter various ports-of-call and to re-enter the US. When you re-enter the US, if a US passport is required under the cirumstances, you must have a US passport. (Check 22 Code of Federal Regulations Part 53 for particulars). A copy of an application with a letter stating you are a citizen won't cut it. If a carrier brings you to the US with deficient documents, the carrier gets fined by Customs and Border Protection, a separate govt bureau within the Department of Homeland Security which is not part of the Department of State which issues passports.

Prior to 9/11, legacy INS was liberal in issuing document waivers to enter the US. Now, these types of waivers are almost possible to get.It has to be signed off by people in high places.

That being said, you should post in another section to see if you have a cause of action against the cruise line either in contract or in tort and if so, in what forum you can sue them.

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Answered on 2/21/04, 1:35 pm


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