Legal Question in Immigration Law in Virginia

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?

Asked on 8/17/14, 4:54 pm

3 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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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).

Answered on 8/17/14, 8:48 pm

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Marlene Hemmings Marlene Hemmings, Attorney at Law

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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!

Answered on 8/18/14, 10:22 am

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