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C-1  ALIEN IN TRANSIT d-1 crewman

An alien admitted as a “C-1 alien in transit” who is not entering to join a vessel is eligible for adjustment of status and is not barred by INA 245(c)(1). They are referred to as “pure C-1s.” But sometimes crewmen enter on C-1  even though admitted as C-1 aliens in transit, if they are entering to join a vessel they are crewmen and can’t adjust their status.

 D-1  CREWMAN

A D-1 or D-2 is a crewman and they are barred from adjustment of status under INA 245(c)(1).

HOW TO DECIDE IF  C-1 AND D-1 CAN ADJUST HIS STATUS.

The visa and the I-94 don’t control whether an individual can adjust his status. Eligibility for adjustment of status depends on whether the alien is a crewman under the statutory definitions. Often aliens have the combination “C-1/D visa.” 

So, in addition to checking the visa, the I-94, of should carefully review the facts to determine eligibility, to determine whether the alien is a crewman under the statutory definitions. 

Frequently asked question: What if I get married?

Mr. Colgate had a C1/D visa. He worked on cruise ships that often docked at U.S. ports of entry. During his last entry, he decided to quit his job and was given a D2 I-94 for purposes of going from the ship to the airport to make his way home to Slovenia. On the way to the airport, he changed his mind and decided to visit Chicago. after been in Chicago for 3 months he met the love of his life and decided to get married to U.S. Citizen. Can he adjust his status based on marriage?

 No. INA 245(c)(1) precludes crewman to adjust status. Moreover,  according to 8 C.F.R. § 252.2(b) “A crewman who was granted landing privileges … and who has not departed … shall be removed from the United States without a hearing….”