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C & D visas: any exceptions to allow for change of status or adjustment of status?

C VISAS, ALIENS IN TRANSIT

C Visa holders are allowed immediate and continuous transit through the U.S. and expeditious departure without unreasonable layovers. Crewmen joining a ship are included in this category and need a letter from the employer that it will reimburse the cost of removal, if necessary. To get the visa, possession of a ticket for going abroad is necessary together with proof of sufficient funds to maintain oneself while in the U.S. and proof of acceptance by a third country to enter that country. This C status normally bars a change of status or adjustment of status.

D VISAS, CREWMEND status is for a crewman serving in good faith in any capacity for the normal operation and service of a vessel, ship or boat. This category includes concessionaires such as beauticians and trainees. Entry to the U.S. for a maximum of 29 days is allowed without extension of stay, change of status or adjustment of status. A crewman who jumps ship may be taken by the Immigration Service and deported without a hearing but this must be done within 29 days. If the D visa holder is not removed within 29 days, then the D visa holder is entitled to a removal hearing. The C or D is ineligible to apply for Cancellation of Removal.

EXCEPTIONS ALLOWING A C OR D VISA HOLDER TO REMAIN:

HUMANITARIAN PAROLEFor medical reasons, or a significant emergency or a judicial proceeding, a parole may be granted for the duration of the emergency. This would appear to allow the C and D visa holder to remain until the emergency is over.

ASYLUM APPLICANTSIn the Eisenhower Administration in the 50's, a Russian trawler came alongside a U.S. vessel to exchange some commodities on the high seas. A Russian crewman jumped off his ship onto the American vessel, asking for asylum. This created a furor on the Russian vessel, and the Captain of the Russian vessel demanded his crewman’s return. The Captain of the American ship did not know what to do, never having experienced this situation before and the U.S. Captain complied. Later the Russian sailor’s ship arrived in Russia, the sailor was arrested and put in the gulag archipelago. He was never heard from again. This incident created a huge uproar in the U.S. As a result, the immigration law was changed to allow asylum claimants if they are on U.S. soil or on a U.S. vessel to ask for asylum and the Immigration Service must consider the asylee’s request for asylum. The asylee may remain in the U.S. until the asylum claim is adjudicated and if refused, until the appeal is resolved. Thus even a C transit holder or a D crewman may make an asylum claim and may remain until such claim is adjudicated and appeals from any denials resolved.

EXTENDED VOLUNTARY DEPARTURE AND DEFERRED ENFORCED DEPARTURE

The Attorney General may bar the removal of persons who fear to return to their country because of political changes in their country or other substantive reasons. Chinese students in the U.S. after Tianamen Square were allowed to remain with deferred enforced departure. This could be extended to crewmen or transit visa holders as well.

If an asylum applicant is approved, he/she may apply for permanent residence after one year.

PAROLE ADMISSION AS A RESULT OF MARRIAGE TO A U.S. CITIZENAn alien admitted under C or D status and married to a U.S. citizen, may apply for a Parole when or after an Application for Adjustment of Status is applied for. This paroled alien is eligible for adjustment of status because of having been inspected and admitted or paroled under the Immigration & Nationality Act. Admission pursuant to a parole has been held by the Federal Courts to be a lawful admission and thereby erases the bar applicable to C or D visa holders. Parole may be granted to alien spouses of U.S. citizens. If a person is stopped at the border and found inadmissible, there is no constitutional right to entry. However, the issuance of a Parole by the Immigration Service constitutes a lawful entry. This lawful admission enables the parole holder married to

C VISAS, ALIENS IN TRANSIT
C Visa holders are allowed immediate and continuous transit through the U.S. and
expeditious departure without unreasonable layovers. Crewmen joining a ship are included in
this category and need a letter from the employer that it will reimburse the cost of removal, if
necessary. To get the visa, possession of a ticket for going abroad is necessary together with
proof of sufficient funds to maintain oneself while in the U.S. and proof of acceptance by a third
country to enter that country. This C status normally bars a change of status or adjustment of
D VISAS, CREWMEN
D status is for a crewman serving in good faith in any capacity for the normal operation
and service of a vessel, ship or boat. This category includes concessionaires such as beauticians
and trainees. Entry to the U.S. for a maximum of 29 days is allowed without extension of stay,
change of status or adjustment of status. A crewman who jumps ship may be taken by the
Immigration Service and deported without a hearing but this must be done within 29 days. If the
D visa holder is not removed within 29 days, then the D visa holder is entitled to a removal
hearing. The C or D is ineligible to apply for Cancellation of Removal.
EXCEPTIONS ALLOWING A C OR D VISA HOLDER TO REMAIN:
HUMANITARIAN PAROLE
For medical reasons, or a significant emergency or a judicial proceeding, a parole may be
granted for the duration of the emergency. This would appear to allow the C and D visa holder
to remain until the emergency is over.
ASYLUM APPLICANTS
In the Eisenhower Administration in the 50's, a Russian trawler came alongside a U.S.
vessel to exchange some commodities on the high seas. A Russian crewman jumped off his ship
onto the American vessel, asking for asylum. This created a furor on the Russian vessel, and the
Captain of the Russian vessel demanded his crewman’s return. The Captain of the American
ship did not know what to do, never having experienced this situation before and the U.S.
Captain complied. Later the Russian sailor’s ship arrived in Russia, the sailor was arrested and
put in the gulag archipelago. He was never heard from again. This incident created a huge uproar
in the U.S. As a result, the immigration law was changed to allow asylum claimants if they are
on U.S. soil or on a U.S. vessel to ask for asylum and the Immigration Service must consider the
asylee’s request for asylum. The asylee may remain in the U.S. until the asylum claim is
adjudicated and if refused, until the appeal is resolved. Thus even a C transit holder or a D
crewman may make an asylum claim and may remain until such claim is adjudicated and appeals
from any denials resolved.
EXTENDED VOLUNTARY DEPARTURE AND DEFERRED ENFORCED
DEPARTURE
The Attorney General may bar the removal of persons who fear to return to their country
because of political changes in their country or other substantive reasons. Chinese students in the
U.S. after Tianamen Square were allowed to remain with deferred enforced departure. This
could be extended to crewmen or transit visa holders as well.
If an asylum applicant is approved, he/she may apply for permanent residence after one
PAROLE ADMISSION AS A RESULT OF MARRIAGE TO A U.S. CITIZEN
An alien admitted under C or D status and married to a U.S. citizen, may apply for a
Parole when or after an Application for Adjustment of Status is applied for. This paroled alien is
eligible for adjustment of status because of having been inspected and admitted or paroled under
the Immigration & Nationality Act. Admission pursuant to a parole has been held by the Federal
Courts to be a lawful admission and thereby erases the bar applicable to C or D visa holders.
Parole may be granted to alien spouses of U.S. citizens. If a person is stopped at the border and
found inadmissible, there is no constitutional right to entry. However, the issuance of a Parole by
the Immigration Service constitutes a lawful entry. This lawful admission enables the parole
holder married to a U.S. citizen to adjustment of status.
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