C1D visa to green card
It is not easy to overstay in the US on a C1D crew visa and try to obtain a green card. By law, crew members are prevented from overstaying in the US and obtaining green cards (or other immigration benefits) as a means of discouraging violation of the crewman rules. C1-D crew members are supposed to depart the US on time once the work comes on a plane or ship comes to an end. So, any bending of the rules would encourage a crew member to jump ship.
Unintentional Overstay
A problem for many C1D crew members is that the overstay was not intentional. Something happened when they entered the US. Some arrive in the US by plane and are not met at the airport by an employee to take them to the cruise ship. The person who enters does not have much money or a SIM card for a cell phone to make a call. Some clients stay at the airport for many hours looking to make contact before giving up. In one case, the client met a friend while waiting for a 3 hour layover for the next flight. They drove around just to see a bit of New York and then got stuck in traffic, missing the flight. Consequently, the connection with the cruise ship is lost and the crew member remained in the US.
No matter what happens, when you enter the US you still are required to depart on time. Often, a crew member wants to work in the US long enough to save money for the ticket to return home. One thing leads to the next, and they never depart. An overstay of more than 180 days results in a bar from the US upon departure. A bar waiver for good cause is possible, but not easy to obtain.
Misrepresentation
There is the problem of the overstay, but also a question whether you misrepresented your intentions when you entered the US. You didn’t join the ship or plane, so your actions are suspect. Excuses are not easily accepted. There is not much you can do to become legal again. You need a strategy.
Marriage to a US Citizen or Green Card Holder
Most clients contact us because they met a US citizen and want to marry. They want to know how to obtain a green card. It takes some digging and they discover that even marriage to a US citizen will not help them much. Nothing is easy. The C1D visa interferes with all attempts to try and become legal in the US. If it were any other way, many more foreign crew members would jump ship.
C1 Status, Maybe Helps
Our law firm has helped hundreds of C1D crew members become legal. Yes, there is the issue of the C1 transit stamp in the passport, but really, the C1D visa and your contract with a ship spells crew member, not merely transit. Immigration agencies are up on the rules and have taken steps to try and limit your options. Of course, we have many strategies to work through issues effectively and put you together as a family in the US.
There is great value in reaching out to us to try and help solve the problem with a C1D crew member overstay and obtain a green card. We can help if you have a serious romantic relationship and want more information. Our legal fees are reasonable, and we can work with payment plans. There is no charge to call and inquire.
Call Us for a Free Immigration Consultation / Case Assessment
1-888-483-0311
U.S. TOLL FREE
+1 212-483-0311
OUTSIDE U.S.
If you have an interest in working with us on case processing, please complete our free consultation form, and we’ll give you personal attention.
Hello I entered with a C1D visa In 2022 Im married with a citizen American husband and I have a baby he is one year old .I want to fix my status what process should I take ?I don’t have any criminal record or past crimes and the only thing is my entry and overstayed with the crewman visa we are having financial hardships because I’m unable to work I’m a stay at home with my baby and doing some tutoring (not a salary) just little income my husband works and he is really worried for what’s happening with this administration he fears for me he is vulnerable to bad situations and depression he is back smoking cigarettes because he feel the situation is out of hands we are really having a hard time in all aspects, I don’t want to be separated from him or my baby will be devastating for us .He was born here and all his family relatives are from here (US) he doesn’t speak my language we communicate in English only he never went to my country help please what is the process recommendable for me and if it’s ok start a process now or wait ? Help I started a petition called I130 was approved this year 2025 based on my marriage and I heard that I need a waiver , should I apply for that waiver? What is the possibility to have problems when I go back to my country for an interview? I heard someone was denied his visa and had to stay in his country for one year and a half to be able to get his approval, advice please
Estephany, It sounds as if you were already in the U.S. more than one year after the status of your C1-D entry expired. A departure from the U.S. would likely result a 10 year bar for unlawful presence. There is also the possibility of a misrepresentation bar, depending on how you entered the U.S. in 2022. A misrepresentation bar is permanent. The other person who waited 18 months outside the U.S. likely pursued a bar waiver, which is what you would likely need as well. The time you would be outside the U.S. depends on what bars you have for inadmissibilities and the strength of obtaining a bar waiver due to extreme hardships. Not all bar waiver applications are granted. Your nationality has a bearing on how a bar waiver is processed. You are welcome to call to discuss if you like. We would not want you to depart the U.S. without planning and it would only be if the likelihood of a bar waiver was great. Please consider. More information helps make things clear for you and this should help lower stress. Kind regards, Allan