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Expert James
Expert James, Immigration Attorney
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I want to go on a cruise in Feb leaving from Miami to Nassau,

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I want to go on a cruise in Feb leaving from Miami to Nassau, Half Moon Cay and Grand Turk. I live in NY. However I had a felony DUI about 5 years ago, and I am still on probation. Probation is OK with me going, however I am worried about going and coming back with the felony. I am a canadXXXXX XXXXXving in the US and I have a permanent green card and valid passport.
Will this be a problem for me?
Hi there! Thank you for using this service. My name is XXXXX XXXXX I'll be helping you with your questions today.

A felony in state law does not necessarily make one inadmissible to the US. But I would need more information about the felony DUI. Can you please provide me with the offense code for which you were charged and convicted, pleaded or otherwise admitted to committing?
Customer: replied 3 years ago.

The codes are:


VTL 1192 03 E F 0


and:


VTL 0511 01A U M 3


I opted for drug court, so I was not incarcerated.

Deborah,

Why drug court? What was the substance? Was there a controlled substance involved? Or just alcohol? Was anyone hurt/injured or killed?

 

Also, you were driving on a suspended license? Why was it suspended? And was it suspended as a result of the DUI case above? Or some other, unrelated case, and you were caught when you had the above DUI?

Customer: replied 3 years ago.

It was actually treatment court, just alcohol and my license was suspended because I had a former DUI a year before, hence the felony. No one was hurt, in fact my BAC was .09.

Hi Deborah,

So you actually have two DUI's and one driving on a suspended license?
Customer: replied 3 years ago.

No a total of 3 DUI's and the suspended license charge.

Hi Deborah,

My apologies for the delay. It's been a very busy morning working with customers in the order their questions are received. Thank you for your patience and understanding.

As to your question, I'm afraid I don't have very good news to share at this time. Unfortunately, with 3 DUI's (felony DUI) you have an aggravated felony on your record, and with the driving on a suspended license on your record, that can be considered a crime involving moral turpitude. With these two things, you are at risk of being found inadmissible to the US once you leave.

As such, I would no recommend that you travel abroad with this on your record. You can choose to do as you wish, but it is my job to tell you that this on your record could be a problem if you choose to leave the US at this time.

Please know that while I always do my best to assist customers with coming up with a good solution to their situation, from time to time, the law does not provide a good solution to every situation. Please do not hold bad news against me by giving me a negative rating.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

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If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Expert James and 3 other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

I totally understand. I do not blame the messenger! I realize there are issues about leaving the country, but I specified the cruise because I was wondering if they do actual criminal checks when returning to the US. I have never seen them do this.


Also, would going to US Virgin islands be OK, even though I will be traveling over international water?


Thanks so much for your time

Deborah,

QUESTION: I totally understand. I do not blame the messenger! I realize there are issues about leaving the country, but I specified the cruise because I was wondering if they do actual criminal checks when returning to the US. I have never seen them do this.

ANSWER: You don't have to see them do the check. With your information (green card, fingerprints, etc.), they can potentially look up your immigration history and your criminal record. Everything is held electronically.

QUESTION: Would going to US Virgin islands be OK, even though I will be traveling over international water?

ANSWER: Yes, because that is not an international destination.

 

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!

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