Advanced Parole - Hawaii Cruise

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UnionJax

Registered Users (C)
Hi All

I wondered if anyone here can help me with something thats been playing on my mind for a few weeks. I am like most people here, applying for my Green Card through marriage to my US citizen wife. I have overstayed my travel visa and I realize that I may get in trouble for that.

My wife and I were fortnuate enough to be invited on an all expenses paid cruise to Hawaii by my mother last week. Being this seems like the vacation of a lifetime I really don't want to turn it down. (my mum lives in the U.K)

My only problem is the cruise line keeps asking my mother all these various questions about my country of citizenship and to "make sure we have all the relevant visa's before we board the cruise. All this talk of visa's and citizenship is making me abit concerned. The ship as far as I have checked does not leave US waters, but im still worried about being inspected by immigration as I am a foreign citizen.

Does anyone here think I should apply for AP?, the cruise is in September 2006.

Thanks for your time.
 
Hawaii is still part of the US so you would not need AP... However, the cruise might stop in another country or go outside US waters (not sure about outside US waters part)... If that is the case, then you might be inspected by USCIS and be subject to exclusion if you do not have AP and also subject to a 3-10 year ban depending on how long you overstayed.

If you are worried, go to your DO with your cruise tickets and they might issue you an emergency AP that same day. However, with the cruise being in September, if you filed your regular AP, it will get it in time. BUT... You did not say how long you are out of status. That is very important if you travel on AP.
 
Thanks for the quick reply, can you get AP no matter what the overstay is? or is there a certain rule when it comes to that? My overstay is a long story thats involved marriage, divorce and re-marriage.
 
I'm pretty sure that you need a valid visa to reenter U.S. regardless of where the cruise goes (I asked travel agency exactly the same question before).

Since you overstayed, it would be risky if you travel with AP. Where is your DO and when is your RD? Take a look at "AOS Interview Timeline" thread and estimate how long approx. it'll take to process your AOS at your DO. If you filed your AOS recently then most likely you can't get the interivew by Sept 06.
 
princesskate said:
I'm pretty sure that you need a valid visa to reenter U.S. regardless of where the cruise goes (I asked travel agency exactly the same question before).

Since you overstayed, it would be risky if you travel with AP. Where is your DO and when is your RD? Take a look at "AOS Interview Timeline" thread and estimate how long approx. it'll take to process your AOS at your DO. If you filed your AOS recently then most likely you can't get the interivew by Sept 06.
Click to expand...

Its only going around the Hawaiian Islands, not going to any foreign country. Does anyone know where I can ask this question to get a definate answer, not that I dont believe you. I just really want to go on this vacation. Would calling the USCIS number help? :( :(

I only just applied for my AOS, my recieved date was 3/09/06 and my district office is Indianapolis, although I had to send it to the Chicago lockbox. So I doubt I'll get my interview before Sept like you stated.
 
I understand your concerns, but this is just a little bit risky I'd say. As I know, passengers from cruise are treated as "international", you need not only a driver license like when you take a domestic flight, but also a valid visa.

I doubt if the USCIS hotline rep can give you correct & firmed answer on that. Even if the rep says OK on phone, the final decision is still up to the officer when you are at POE.
 
UnionJax said:
Hi All

I wondered if anyone here can help me with something thats been playing on my mind for a few weeks. I am like most people here, applying for my Green Card through marriage to my US citizen wife. I have overstayed my travel visa and I realize that I may get in trouble for that.

My wife and I were fortnuate enough to be invited on an all expenses paid cruise to Hawaii by my mother last week. Being this seems like the vacation of a lifetime I really don't want to turn it down. (my mum lives in the U.K)

My only problem is the cruise line keeps asking my mother all these various questions about my country of citizenship and to "make sure we have all the relevant visa's before we board the cruise. All this talk of visa's and citizenship is making me abit concerned. The ship as far as I have checked does not leave US waters, but im still worried about being inspected by immigration as I am a foreign citizen.

Does anyone here think I should apply for AP?, the cruise is in September 2006.

Thanks for your time.
Click to expand...

I asked a cruise company a similar question before. The rep told me that NO cruise just stays in US waters (unless its something local on a river or something). They said all go into international waters at some point, and that's why you need to have your birth certificate, etc. I think you should apply for AP, if nothing else but to be on the safe side.
 
Ok, thank you all for your replies. I think I'm just going to have to sit this one out just to be safe =o(.
 
http://uscis.gov/graphics/services/Emergency/index.htm


Unlawful Presence
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods may be barred from admission, even if they have obtained Advance Parole. Those aliens unlawfully present in the United States for more than 180 days but less than one year and depart voluntarily before the start of removal proceedings are inadmissible for three years; those who are unlawfully present for one year or more are inadmissible for ten years.

Aliens who have concerns about admissibility should contact an immigration attorney or an immigrant assistance organization accredited by the Board of Immigration Appeals before making foreign travel plans.
 
I flew to Hawaii and back but was not asked to go through immigration. However, cruise may be different. Also, please note that if you have overstayed on your visa, AP will not even be an option. You will still be barred from entering US even if you have an AP. My suggestion is to do cost benefit analysis of this cruise :)
 
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Yes that is true, but even to fly to Puerto Rico, they advise that is good to carry an AP with you, why? because you never know if there is a diverted flight or situation in a cruise.

Good luck,
 
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