A C1-D visa is used to enter the U.S. by foreign cabin or ship crew members. The USCIS will not allow a foreigner to change status while in the U.S. The problem is that the foreigner did not depart the U.S. more than one year after his stay on the C1-D Visa expired. The marriage is acceptable, but the 10 year bar is applied due to unlawful presence in the U.S.
Question
My husband from Peru came to this country in August 2001 from a cruise ship where he was working. His experience with the work environment was not good and he decided to stay. He has been in this country for almost 10 years we have been married for almost a year. He pays taxes and has never been convicted of a crime. His visa was a class CD-1. We have been told that his chance of getting a green card or any kind of legal documentation is almost impossible. Are you able to help us?
Answer
Your husband cannot remain in the U.S. and be put into another status because he entered the U.S. on a C1-D crewman’s visa. He is illegal now that his stay on that visa expired. The only way to make him legal would be to have him depart the U.S. and reenter on another type of visa, in your case a spousal visa based on your marriage. However, when he departs the U.S. he will be barred from coming back for 10 years. The bar is triggered when he sets foot outside the U.S., and the bar is unavoidable. The only way to lift the bar would be to prove convincingly you are unable to reside with him in Peru due to a serious and permanent medical condition or some other such combination of extreme hardships. A bar waiver based on extreme hardships to the U.S. citizen is possible. For more information concerning bar waivers based on hardships, read I-601 Immigration Visa Waiver and Proving Extreme Hardship.
Anonymous says
I just have the same issue with her husband but I've a part twins of 6 years old. one of them is cp child (special-needs) and the another child is hyperactive. do I be eligible to cancellation of removal.
Allan Lolly says
Cancellation of removal relates to removal (deportation) proceedings, such as when a foreigner is picked up and held in custody. Cancellation of removal proceedings is possible if you are unable to reside with your husband outside the U.S. Once proceedings are cancelled, your husband can be in the U.S., but would still not have an immigration status in the U.S. because he entered on the C1-D visa. The C1-D prevents it.
What you should consider is having him voluntarily depart the U.S. and reenter as your spouse on a spousal visa based on a hardship waiver. When he departs the U.S. he will trigger a bar due to his overstay on the C1-D visa.
Having children is not sufficient by itself to waive a bar. A special needs child can be a good reason to waive it and bring your husband back to the U.S. You must show you are unable to reside abroad with your husband due to the needs of your child. Very shortly, it may even be possible to obtain advance approval of a bar waiver even before your husband departs the U.S. If so, this will greatly increase assurance that when he leaves he can very likely return to the U.S. in lawful status based on your marriage. For more information concerning a proposed change in rules regarding bar waiver processing, please see: Obama New Rule Concerning Illegal Aliens is Not Amnesty
Your case requires further analysis. If interested, you are welcome to call to discuss at 1-888-483-0311 (toll free from the U.S.). I will be glad to answer any questions you have.
Kind regards, Allan
jorgo says
I came in USA in 2001 under c1d. Got wittholding of removal in 2004 and curently married with us citizen almost 3 years. What I do now? I can not go back to my country to apply for different visa or waiver and can not crow border without re entry permit? Maybe Canada ? Anybody can help? Contact me at gam1711@yahoo.com. Thanks.
Class D says
My boyfriend came into the country on a class D visa which is a crewman visa but he was has never worked on a ship nor a airline. He has been in the United states since 2001. If we get married can he change his status?
raj says
i was working on a cruise line for 7 yrs now 2 yrs back when i had finished my contract and going back home i stayed with my friends and worked in US for 2 yrs, then i came back home but while coming back they didn’t stamp my visa as cancelled or so. now i’m planning to go back again. do u think i will have any sort of problem when i enter in us. plllss help me.
Allan Lolly says
Raj, Yes, there will likely be a problem. The U.S. government is good at tracking movement in and out of the U.S., particularly if you flew out of the U.S. If there is even suspicion you overstayed your welcome on a visa, it will be up to you to prove you departed on time. If you must apply for a new visa to the U.S. you will likely be asked about time spent in the U.S. Any misrepresentation on a visa application is grounds for a permanent bar from the U.S. The bar for overstay of more than one year as an adult is 10 years. The bar took effect when you depart the U.S. I wish I could give better news.
Kind regards, Allan
Aleihs matienzo says
last 2009 i came to the united stated of america using C-1 or transit visa. and now im working as a caregiver. my only question is is it possible to change my status here? what if my employer wants to fixed my papers and she wants to make a petition. is it possible? or if not i think i should go back to my country. thanks!
Allan Lolly says
You cannot fix your papers given you entered on a C1-D visa. If you remained in the U.S. illegally for more than one year after the age of 18, then when you depart the U.S. you will be barred from returning here for 10 year. Unfortunately, it is not possible to apply for a waiver of the bar based on a work visa application. Your choice is to depart or remain in the U.S. illegally. Regrets, Allan
sankbka says
I had to join a ship from Jamaica, to get a transit i came US by flight and US immigration issued me i94, i was cheated by my agent and i couldn’t join the ship, then i overstayed i94, now am in US more than one year, i have C1/D visa for end of next year, is there any possibility to become a legal in US?
Allan Lolly says
Not based on what you wrote. The rules are clear. The expiration of the visa is not important. What is important is the expiration date on the I-94 card. If you are over 18 and remained in the U.S. beyond that date, then when you depart the U.S. you will be barred for 10 years. A bar waiver is possible based on marriage to a U.S. citizen, but difficult to obtain and you have to qualify for a bar waiver. The U.S. citizen must be unable to reside in Jamaica due to a serious and permanent medical condition or some combination of hardships that amount to the extreme. Marrying a U.S. citizen alone is not enough. Regrets, Allan
declan says
I applied for a B1/B2 visa just before my admission in sept 04 and was granted one additonally i had a C visa. when i entered they stamped me as a C visa eventhough i told i was going to massachusets to visit with my friend . I am married and have an approved 1-130 but now they are saying i can not adjust because i came in a C eventhough i intended and did visit with my firend.
Allan Lolly says
Declan, The result is correct. Many people try to misuse the B visitor visa as a means of immigrating to the U.S. The B visitor visa is for visiting only. The immigration border agent had a choice to allow you into the U.S. on the C1-D visa and that’s what he chose in order to prohibit you from remaining in the U.S. and trying to adjust to another status such as permanent resident status based on marriage. You’re trapped essentially.
Has your C status expired? At some point you must depart the U.S. and you may be subject to a bar for overstay if you did not leave on time. Here is a helpful blog post regarding those who are in the U.S. unlawfully: Illegal Entry – 601 Bar Waiver
After reading up on your situation, you are welcome to contact me as needed for further assistance at 1-888-483-0311 (toll free from the U.S.).
Kind regards, Allan
SHEKY says
i have a pending petition n ins for i.535 for exten. visa. it was approved, then 2nd i applied for another ext. because im pregnant & cant travel back home but didn’t received the noticed till i stayed in d u.s. for another 6 months. dec 3, 2003 then go back to europe then dec. 12, 2003 the noticed arrived & i got denied but i don’t overstay, i just kept on waiting for the noticed until when were allowed to stay legal. then now i applied to foia/uscis to retrieved the doc. i need to get a c1-d visa since i’m a cabin stewardess in a cruise ship with u.s. ports but the thing i was denied by the consular – i told herthe truth that i don’t received the noticed so i decided to left the states. my question if i applied to embassy again for the c1-d visa & i show the denial card only w/c written the date when they send & to show my airline ticket when i left the states u think they will give me c1-d visa anyway i have a lot from my employer.
thank you sir for the help!
Allan Lolly says
Sheky, It’s generally a mistake to apply for an extension of a visa status in the U.S. What you did was perfectly legal and it does seem that you followed the law. The problem is that you applied for an extension with the USCIS, which is the proper place. However, now you are applying for a new visa at a U.S. consulate. The U.S. consulate and the USCIS are different agencies and they do not always agree. You can receive permission from the USCIS, but the consulate never gave its permission for you to stay longer. This is often a problem with visitor visas as well. A foreigner applies for an extension of the visitor status and then later a border agent will block entry because the CBP never gave its permission to extend stay.
I think that when you apply for an extension of a status in the U.S. you run the serious risk that your C1-D visa will not be reissued and this seems to be the case for you. You mention a pregnancy. I wonder if your child was born in the U.S., making the child a U.S. citizen. IF so, this event would be further reason to reissue a C1-D visa now.
If you want help in reapplying for a C1-D visa so you can join the cruise ship, I am glad to help, but things don’t look so good for you. Regrets, Allan
Mahesh Yolmo says
Good Day,
My C1/D visa is getting expired can I still fly out from other country with my expired visa?
Allan Lolly says
Yes, you can fly out of the U.S. whether your C1-D is expired or not. It is better to depart the U.S. before your status on the C1-D has expired. Allan
bonjour says
I entered with C1-D visa in 1999 and Did not join the ship. married a naturalized us citizen in 2005. is misrepresentation is a lifetime ban on my case? i’m waiting for provisional waiver to take effect.
Thank you!
raj says
i have a valid c1d visa but i didn’t joint the ship atlis 1 year, so is mty visa the same or how can i chak my status
Allan Lolly says
Raj, I am sorry, but I do not understand. Are you in the U.S. currently? Please email me at allan@asl-lawfirm.com so I can better understand your situation. Allan
Allan Lolly says
Yes, misrepresentation is a lifetime ban. It appears you may have a ban for the unlawful presence and also for any misrepresentation. Please let me know if you would like assistance with an application for a bar waiver. My email is allan@asl-lawfirm.com.
Kind regards, Allan
collin says
sir. i am collin selvaraj i came to u s a 1993 c1d visa. i am sri lankan immigrant. then same year i applied asylum. bec sri Lanka had bloody civil war more than a 2 decade. i was really effected. particular my community. then my case was rejected bec of need more evidence. then i don’t have choice i stay usa. then i was got married Jamaican citizen year 2000 month dec. then i apply for marriage and i got I-30 approval letter. the letter says apply for adjustment status. so my lawyer told me not apply for that wait till removal of deportation. sir i already in this country 20 years i paid tax too. i don’t have any crime . what i will do. i cant go to sri lanka its still problems their. pls reply me. i am still married almost now 12 years and i don’t have kinds bec my wife cant have kids its medical problem
please reply me sir thank u.
Collin
Shybel says
My husband is currently working on a ship and has a valid D visa and I’m a born us citizen. We married in the states, are pregnant and are ready to file a petition. However, in looking up d visa info on uscis d visa is not eligible for change of status. Are i129 and i130 petitions a change of status? Is there a bar if he returns to india when his contract ends? I need him here for pregnancy and forever.
Faithfully curious,
Bel
Allan Lolly says
Collin, Your attorney is correct. You entered the U.S. on a C1-D visa so in all likelihood you cannot adjust status stateside. It does not matter that you applied for political asylum or not. The best you can hope for is to try and cancel removal proceedings in order to remain in the U.S. lawfully.
Another choice would be to apply for a provisional hardship waiver if your wife is unable to reside together with you in Shi Lanka at this time due to serious hardships that are unique to your situation and not common to all. If you are able to obtain a provisional waiver, then you can process through Sri Lanka on a spouse visa and return to the U.S. green card approved. This method requires proving your case first, then departing the U.S. and reentering on the proper visa. Your basic problem is that you entered on the C1-D and did not depart on time.
Please discuss with your attorney the possibility of a provisional waiver. If you believe you qualify and need my assistance, you can follow up with me at allan@asl-lawfirm.com. You will need to explain things again since I do not have your full name and no way to keep notes of this exchange. Kind regards, Allan
Allan Lolly says
Shybel, If he is in status on his C1-D, the single most important thing he should avoid is violating the terms of that C1-D status, pregnancy or not. If he tries to remain in the U.S. after his stay on the C1-D expires he will very likely have serious immigration troubles. Your marriage and the child will not necessarily save him.
If your pregnancy has complications, it may be possible for him to remain in the U.S. for the birth before departing the U.S. to return to India.
If you have an interest in working with me on your immigration filings, you are welcome to call me at 1-888-483-0311 (toll free from the U.S.), or email allan@asl-lawfirm.com.
Kind regards, Allan
Pam says
I have c1-d transit visa I been here in u.s 11years married a citizen can I adjust my status?
Karthik says
Hi Allan, I am Karthik from India. I did overstay with my C1D for 2 years and 3 months. But my visa has valid for further one more year. Is there any possible way for me to get back in to USA through any visas in a legal status.
Allan Lolly says
Pam, It may be possible. This is an area of law that has some new rules that came out over the past year, and attorneys are working through the issues. There are various rules that need to be read together. These cases are also fact specific. I would like to know what happened at the port of entry when you arrived on the C1-D. What sort of status were you given on your I-94 card and what was said between you and the border agent? Where you were coming from can also make a difference. If you have an interest in possibly working with me, I encourage you to please call me to discuss at 1-888-483-0311 (toll free from the U.S.). It will help to have your entry documents and passport with you when you call.
Kind regards, Allan
Allan Lolly says
Karthik, The validity of the visa is entirely separate from your authorized stay in the U.S. Your white, I-94 card will indicate the period of authorized stay. If you stayed beyond the exit date noted on your I-94 card, then you are unlawfully present in the U.S.
It can be possible to legalize your status if you have a U.S. citizen fiance or husband. It is not always possible to work things out, but it can be possible depending on the particulars of your case. There is not enough information to decide. I will want to focus on the details of your entry and what is in your passport. In your case, it seems you do not have a U.S. citizen fiance or spouse. If so, I cannot help in your case.
Kind regards, Allan
Sam says
Hi I came in the states 4 yrs on a c1d visa and I’m out of status now even my passport is expired along with my visa. Is there any way to get a id done or get my papers done threw any source. I did reg my car on my passport b4 it got expired. And have my insurance and bank account.
Need some suggestion on how and if possible to get my papers done.
Thank you for your time.
Allan Lolly says
Sam, You would go to your the nearest consulate of your country, or perhaps your embassy in Washington D.C. to renew your passport. There is not much you can do to obtain immigration benefits, unless perhaps married to a US citizen. Most states will not allow you to obtain State ID if you do not have lawful status in the US. Allan
Amrinder gill says
Hi Allan,
I am Amrinder from India my c1d visa was issued on feb 2013 and its expires on 2018, i joint cruise lines and i worked only 7 days in a ship, due to some emergency i want to come back to my home country, they allowed me to go. But my contract was of 9 months unfortunately as in emergency i need to come back, while coming back the CUSTOM officer revoked my visa and mentioned VOLUNTARY DEPARTURE on my passport but still 4 years visa was left. As i want to join again,so for that i need valid visa.
Will i get visa if i apply again. Please help.
Allan Lolly says
Amrinder, The CBP officers at the port of entry have independent jurisdiction to cancel any visa. In this situation, you need to reapply for a C1-D visa at a U.S. consulate post, likely in India if that is where you now reside. There is a good chance the CBP wants you to represent evidence to the consulate that you are still working for the cruise line since your abrupt departure may have interrupted your employment. I hope this helps.
Kind regards, Allan
Victor says
Hi Allan,
I attain US in feb 2003 with C1 visa but never join the cruise ship!! I am living with my girlfriend which is US citizen last 7 years but knowing that I can not change a status of my visa and become legal, we never got married! Is there any changes lately in policies and law that can help me to get a green card thru the marriage with a US citizen, because by the time it is getting more and more frustrating and without any hope to fix my status here! Thanks a LOT and in advance I appreciate your response!
praveen says
hello allan,
i’ve stayed in USA for 5yrs illegally on c1d visa, came back home 2 months ago. i’ve changed my passport with new name. can i apply for f1d visa. i’m afraid of biometrics. i’m so Americanized not able to stay in my home country wanna go back to usa badly. plz help
thank you
praveen.
Allan Lolly says
Victor,
There are times when someone on a C1-D visa can obtain a green card based on marriage despite the fact that they are unlawfully present in the U.S. I need to know details about the exact manner of entry, so it helps to call me and have your passport, visa, and entry stamps with I-94 card in front of you when you call. Often, attorneys and “advocates” get it wrong and so I want to examine the situation myself to see what is possible.
Keep in mind that if lawful stateside adjustment on a C1 status is not possible, there are also other considerations: https://asl-lawfirm.com/entered-the-us-illegally/
Let me know if you see opportunities on that link. I hope this helps.
Kind regards, Allan
Allan Lolly says
Praveen, If you were unlawfully present in the US more than one year after the age of 18, then when you departed the US you triggered a 10 year bar. A bar waiver is possible, but generally only if there is a US citizen or US permanent resident green card holder who would suffer extreme hardships if that person were required to reside together with you outside the US. Please use the contact information on this blog to let me know if you have a US citizen or LPR fiancee or spouse so we can discuss further.
Kind regards, Allan
mahesh says
hi my visa status is c1d i enter USA on 2012 m about to get married to us citizen, on the other side, i have applied for political asylum and my case is still pending, my life has been threatened if i go back home i can’t even go back to my country cuz of my political involvement on past, so is there any way that i will be able to get green card if i get married?
Janet says
I came in the us with c1d visa. Finish my contract for one year in the cruise ship. While on the ship I got pregnant and decided to stay in us. I joined the ship 1995. Then leave the ship 1996 but didn’t go back home bec. Of my pregnancy… Then I met my husband and were married 1997 of April. Got my petition approve unfortunately the marriage lasted for 18 months and we got divorce. At that time I don’t have a lawyer. Then I got married to my second husband April 2001 the petition got approved I hired a lawyer but the marriage lasted only three year. We got divorce… Then 2005 my employer petition me as a caregiver. Hired a lawyer. It was approved but then because of my two previous marriage when I’m adjusting my status they denied my permanent visa because of the insufficient evidence. Everything in my two marriage was come in a good faith. And because it was a bad memory everything was thrown away. My two marriage happen in Florida. And because of my past I decided to move in California to start my new life again. I hired an attorney. On this case. But the only way to pursue my status if I will reopen it again. What happen if I reopen it. They will ask for more evidence which I can’t provide anymore. For the past year. I was a good tax payer and don’t commit crime. I know that there is a law under INA 245i that was spplicable to my case. I was approved on the marriage that was happen before that law was implement. Please advise me… My son is with me he’s 17 year old and planning to go in service. What is the possible thing to do to before I reopen or should I reopen my case? My first husband was contacted by the immigration consulate. Because in the letter of the notice of denial there were some question that are not matching to my anwer as per comparison… You think they will contact my second husband if I reopen my case. Because I don’t have any contact with them anymore.
Noma Mpofu says
Hi. I am Zimbabwean and a crew member in a relationship with a US citizen for the past year. We want to get married what should we do so that we can live together.
jay says
Hi Allan,
I have a fiance on a cruise ship with a d-visa. She will be ending her contract in February and we would love for her to NOT have to go back to Serbia. She will be arriving at the port of Tampa, going thru customs and immigration, from there,led to a bus, driven to TPA and flown back to Serbia. I am not for sure of the exp. date of her d-visa and not sure what “stamp” they will be putting on her i-94 card. I have heard that she now, is not “technically” a “crewman” anymore, albeit we can marry that day and apply for adjust? plan b, marry her in the states (being that her d visa still valid) have her leave on time, then apply for spouse entry. Are there any factors that I can look for (such as i-94 stamp) that may allow us to manipulate this situation, that will allow us to marry and prevent her from having to fly out on february?
thanks SO MUCH,
Jay.
Allan Lolly says
Mahesh, There is a chance to process stateside on a green card, but the way it is done is unusual and requires a phone conversation. I need to pick over issues and see if I can work out an immigration plan. Since you have political asylum pending, there may also be a way to process you at a U.S. consulate abroad without triggering a bar for unlawful presence. If you have an interest in possibly working with me on your immigration filings, can you please contact me directly off-post and we can discuss further?
Kind regards, Allan
Allan Lolly says
Jay, Yes, there are things that can be done, but a written exchange like isn’t suitable. Essentially, you want to set up a misuse on the D visa, and this is not permitted by the rules. Each visa has a specific purpose, so how communications are handled is important. The point is that she must enter the U.S. based on the intended purpose of the visa. Let her come to the U.S., and then call me once she arrives. I will be glad to see what is possible and discuss with you the risks of the various choices you have. It may or may not be possible to keep her in the U.S. Also, it may be possible, but not worth the risks. Each case turns on its own set of facts, so for right now please just let her transit as normal and then call me once she arrives, o.k.?
Kind regards, Allan
Allan Lolly says
Noma, Can you please call me or have your U.S. citizen fiancee call me at 1-888-483-0311 to discuss options?
Kind regards, Allan
Allan Lolly says
Janet, You need to first have a petitioner who can start the process to help you obtain US immigration benefits. Based on everything you’ve said so far, I do not see a current husband or any other petitioner. Perhaps when your child is 21 years old he can be your petitioner as his parent. Even then, you need to work with a competent attorney. I am and may be able to help, but there is not enough information. Please have a petitioner first and then we can discuss.
Kind regards, Allan
Haiti Puccino says
HELLO Allan,
I have my brother live in Colorado. he was in transit in America.
he took a flight from Dominican rep to get off at 12:30 and take another flight in the same day at 5 pm to Jamaica. the second flight was cancelled, suddenly he went to baggage claims. the baggage’s claim staff told him that his suitcase was sent to Europe. they make mistake. his suitcase got clothes, ipad, and his medical heath to give to the ship. then he discussed with them after he called this company to let them know the flight was cancelled. after he was going to the hotel. he should take a flight tomorrow afternoon at 3 pm. the company text him to let him know without the paper medical he can start working. then he tried to take a taxi to go early to talk to the main luggage staff, they said sorry what happen then they asked him to fill a paper to give him back everything. he as proof of the paper. proof of the flight cancel. proof of the hotel he spent 3 days. now he stays here to live. can he get adjustment status with c1. cause his I 94 is C 1. he just marry. he come here in 2011
Powell says
Hi Allan!
I came here an a crewman visa in the US landed with my i94 card is it possible I can adjust my status here in the US without going back to my home country Jamaica.
paty says
hi i entered the us with an c1d visa i was there as an illegal for 4 years and in may 2012 i left the us an came back to my home town now i plan again to go back and work in the usa. can i go back it is more than a year now can i apply for any type of visa or do i have to submit a i212 form, help me i don’t know what to do. thanks
Allan Lolly says
Haiti, Can you please contact me off-post to see what is possible? I need some more information to decide. There should be contact information on this page. I hope to hear from you. Kind regards, Allan
Allan Lolly says
If you recently arrived, you should not try to stay. Your chances of success are not good. I work with people who are in a desperate situation because they violated the rules and have no other choice. If you have the choice to depart on time without penalty, you should not stay. You should go. Allan
Allan Lolly says
Paty, You are likely barred from the U.S. for 10 years due to unlawful presence in the U.S. for more than one year after the age of 18. You would likely need to have a U.S. citizen fiance or spouse in order to try and obtain a hardship waiver: https://asl-lawfirm.com/i601-waiver/
Kind regards, Allan
igor says
Hi Allan. I came to US 2005 with C1D visa but never join the cruise ship. Can I change my status if I get married to US citizen?
thank you
rodiny jean baptiste says
Hi Allen,
I was in transit in America then the flight was cancelled due to the weather problem. I was coming here in 2012. I have I 94 stamps C1. I suppose to travel in the same day to go to London. Can I adjust status here? I already married, do I go by waiver?
Allan Lolly says
Igor, It’s unclear. I need to know the details regarding your entry. You are welcome to contact me off-post to discuss if interested in possibly working with me on your immigration filings.
Kind regards, Allan
ksue says
I over stayed on my c1d visa, been here for 6 months now. Can my husband file a I-130 for me and if it will not help. If i leave now will i be banned for 10 years if i go home now. My husband is a permanent resident.
Allan Lolly says
Rodiny, Thank you for your inquiry. There is not enough information to decide. I will want to know more about the details of your transit. To be successful, there is a difference between having a strong case and having a viable argument. Sometimes, having a viable argument can be enough to legalize your status, but this depends on very particular facts. A phone discussion is needed.
If you have an interest in possibly working with me, can you please contact me off-post and I will be glad to assess and help?
Kind regards, Allan
Allan Lolly says
Ksue, You should please call me at 1-888-483-0311 quickly to discuss possibilities. Please only call if you have an interest in possibly working with me.
Kind regards, Allan
volkan says
I come here on ship 2002 from new Orleans and first day custom border or I dont what is name they give me landings pass its says on it d-1 Authorized december 2th 2002 5 months ago I did file 601 A provisional waiver its dined beacuse later say you h on December 5th 2002 you were issues a final deportation by immigration judge of us department of justice the record shows that you subject final order deportation cfr.212 7 (e)(4)(vi) this dined later. How this is possible. I dont signed anything I have no address I come new york next day and also idid finger printed FBI results come clean its not showing anything
Allan Lolly says
Volkan, This is a problem when you are working on your own. If you simply want information, I can offer a paid consultation so we both receive something from the exchange. If you hire me to assist you, then I will consider applying a portion of the consultation fee toward work on the case. Please contact me off-post to discuss further.
Kind regards, Allan
Carmen says
Hi,
I am a green card holder and my fiance is working on ship with C1 D visa.
We want to get married and I would like to know how it is better: to get married outside the US and then I come bk and file the petition for him? He will still be able to work on C1 D while waiting for the Form I-130 and maybe visit me in US on a B2?
Allan Lolly says
Carmen, Yes, since you are a green card holder, it’s important to marry and immigrate him as your spouse. There will be a case delay since you are not yet a U.S. citizen. In the meantime, he can try to continue using his C1-D visa to port into the U.S. enroute. He should not violate the terms of his C1-D. Also, the C1-D can be subject to cancellation once you start petitioning to immigrate him, but in my experience I’ve not yet seen a border agent cancel the C1-D. It can happen. I do not believe a B2 visa would be viable given the marriage. Please call me to discuss further if you have an interest in working with me on his immigration processing based on your marriage. Kindly, Allan
Min says
My fiancee is a flight attendant on a C1-D visa. We plan to file a K-1 visa. Will she be able to continue her flights in and out of the US for work? We have no plans on violating the terms of the C1-D visa. And I am a US citizen.
Allan Lolly says
Min, Whether or not you intend to violate immigration rules is not relevant to her ability to enter on a C1-D while a K1 is in process. The border agents look at the general circumstance and make decisions based on statistics and training. There is a conflict of intent between those two visas, but I’ve had many clients travel on C1-D visas while the K1 is in process. Certainly, there are things to know in case she is stopped. Generally, there are many issues that can come up during case processing. If you have an interest in working with me on her immigration process, please call me at 1-888-483-0311 and I will be glad to discuss services. Kindly, Allan
James says
Hii
I was recruited by cruise line and I got c1d visa. Before joining date I can’t join due to some circumstances so the company has cancel my c1d visa. So after cancellation of my visa if I have to work in a another cruise line when can I apply.
Allan Lolly says
James, The answer depends on the reason for denial. If the reason is due to cancellation of your employment by the ship, then you should be able to reapply once you have a new job offer. Kindly, Allan
JOseph says
Hi good day, ask about my brother have c1d visa he jump ship and visit me in USA I would like to process him legal visa if posible? What I’m gonna do I’m green card holder my husband US citizen thank you
Allan Lolly says
Joseph, There is no legal basis to issue him a green card based on what you wrote. There is also a government policy to prevent him from obtaining legal status because he jumped ship. He has a real problem. If some day he has a U.S. citizen spouse or some other valid basis for a green card, please let me know and we can discuss an immigration strategy. Kindly, Allan
Johnson says
Hi,I’m entered in US just weak ago by C1/D visa, and immigration officer told me why you come to US I say I’m on vacation so that why I’m visit US to enjoy my vacation so then immigration officer stamped a 30days entry on my passport. So, now tell me before these 30 days there is any chance political stay if I put case in court or if I married here in these 30 days so there should be any chance getting green card here or work permit.
With regards, Johnson
Allan Lolly says
Johnson, It might be possible, but there is not enough information to decide. Please contact me at 1-888-483-0311 if you have an interest in perhaps working with me on your immigration process. Of course, this assumes you have a sincere relationship with a U.S. citizen or green card holder. Kindly, Allan
Deepak says
Hello sir, I got c1d visa.bt I couldn’t join on ship.I went to my recruiting office fr get back passport.they said they have to cancel the visa.first how many days wil take to cancel it.and can I apply for same visa after 2 years.recruiting agent have the power to cancel visa or not..
Allan Lolly says
Deepak, A private company recruiting agency does not have the power to cancel a U.S. visa. The U.S. government owns the passport and visa. It is likely that the company does not want to get into trouble with the U.S. government if you violated immigration rules. They may be asking the U.S. to cancel the visa.
You can apply again anytime if you have a good reason why you violated U.S. immigration rules. The idea behind waiting for a time is that the U.S. may be more open to reissuing your visa once time has passed. However, I don’t generally find that to be the case. Once you violate U.S. immigration rules, you must have a compelling reason for it. If not, then there is no incentive to issue a new visa at all. If you have a compelling reason, then you can press your case during your next C1-D visa appointment. I simply am not aware of a 2-year wait rule. Kindly, Allan
Jamaica Smith says
Hi, my now husband entered here on a c1d visa 5/2015. I am a US citizen. He decided not to go back because we got married and I am applying for him. I have a down syndrome baby that has grown attached to him. She knows him as daddy. He keeps her while i am working. What are the chances of him staying here without being banned for the 10 year period? Is there a possibility that he will be sent back to Jamaica? Please help
Allan Lolly says
Jamaica, Yes, there is a strong possibility he can be sent back. Also, it may be a good idea for him to go back and return on a proper visa. There is not enough information to decide. When he violates immigration rules, you cannot expect the U.S. government to be sympathetic. It’s unfortunate about your baby and you should be together as a family. However, immigration is a battleground. You should not proceed on your own in my opinion. You need to stay safe. If interested in working with me, please call me at 1-888-483-0311 and we can discuss. Very kindly, Allan
Mark Baluyut says
I have a B1B2 visa. I am a crew member of RCL. I am from philippines. Now, I am from the sales department and we are doing Australian sailing. Since winter is coming we have to leave Australia doing the re-position going to Asia, since the demographic of the guest now are chinese they decided to transfer me in Seattle, Washington. I don’t have a C1D visa. Is my B1B2 visa is enough to get into ship in Seattle.
Allan Lolly says
Mark, You are not work authorized on a B1 business visa. Check with your employer to determine your responsibilities while in the U.S. There are a variety of work visas. Your possibilities depend on your nationality, the nationality of the ownership of RCL, and your position with the company. Please contact the employment immigration attorney for RCL to discuss. Kindly, Allan
punjit s says
Sir I have USA C1 visa. And flight layover at Houston airport for 20 hours. Going to Trinidad and Tobago . is immigration send back me or can traveltravel..
Pl reply urgent
Thanks
Allan Lolly says
Punjut, You may remain in the U.S. for as long as the border agent indicated you can stay. Sometimes, they allow a one month stay. Here is information I give clients:
Electronic I-94 Process – Customs and Border Protection (CBP) now issues electronic I-94 cards at air and sea ports of entry along with an admission date stamp in the passport. Be sure to print off your electronic I-94 as soon as you arrive in the U.S. Here is a link to the electronic I-94: https://i94.cbp.dhs.gov/I94/
Kindly, Allan
MARIKANNAN says
Hai I come on the c1d visa and overstayed five months in USA now I want to apply for B1 visa in my country do they ban me for 3 years Please help me
Allan Lolly says
Marikannan, You are banned for 3 years once you overstay 180s or longer. You should not be banned based on what you wrote. However, it is difficult to obtain any visa to the U.S. because you violated the C1-D visa terms. Kindly, Allan
Joe fds says
Hello sir, I entered USA on c1d visa in 2007, got arrested in 2016 for a misdemeanor and got case dismissed. However I got in trouble with immigration and got a bond from the immigration judge. I understand very well that I cannot adjust my status on my visa and I have to go back to my native country and apply for a spousal visa through marriage to a US citizen. my question is is it possible while I stay in this country to apply for 601 waiver and wait to get approved? What are the chances of getting the waiver approved for me to avoid the 10 year ban? please advice
Allan Lolly says
Joe, There is no way to predict chances of success without a case screening. Also, you indicate it is not possible to remain in the U.S. to adjust status stateside. Generally, this is true, but it is not always true. I’d need to collect information from you and consider. Are you working with an immigration attorney on your removal proceedings? Please contact me if you have an interest in working together on obtaining a green card for you. Very kindly, Allan
Shane says
Hi just came through this page. I just need enlightenment. I am currently a cabin crew in the middle east, I am filipino. I got denied of a tourist visa twice before I have a pending petition. Currently, I have a pending immigrant petition which is already approved since 2011 and just waiting for the next procedure which I understand takes years. Do I still have a chance of being approved of a C1/D (crew visa) if I apply even with my previous denial and my pending record?
Allan Lolly says
Shane, It is possible because the crewman visa has serious restrictions. Perhaps the consulate will determine you cannot overstay your welcome as a crewman and you cannot adjust status stateside based on it. However, they also know people try to play tricks and could deny to avoid a hassle. I think it o.k. to apply and see what happens. Just don’t plan to adjust status stateside. You must depart the U.S. on time as a crewman. Kindly, Allan
Stuart I says
Hi Allan,
I have been working at sea for 22 year, the last 8 of which have included sailing in and out of the USA using my B1/B2 visa. I am married to an American citizen and we have a 6 year old child. I am still resident of the UK but had hoped to apply for Adjustment of Status and get my greencard.
I have just been told by a local immigration lawyer that I cannot apply for AoS while in the USA using my B1.
My question is – Could I leave the USA, return to the UK and after a period of time come back to the USA using the B2 portion of my visa, THEN apply for AoS?
If not, is my only other option Consular Processing?
Many thanks,
Stuart.
Shahbaz says
Hi, I am shahbaz, I have a c1/d visa and I have jumped the ship four months back. Now, i am living in us with my friends. I don’t want to go back to my country. i fear of persecution of religion. But, i don,t have any proof that i had tortured. Is there any possibility to file a Asylum case.
Allan Lolly says
Shahbaz, You can file and perhaps lose the case, be put into removal proceedings, and ordered deported. In addition, you would have lost the money to pay the attorney. If you have a legitimate fear, then you are welcome to contact me to discuss. However, it is not enough to have small grievances that are not persuasive. Asylum cases are serious business. Very kindly, Allan
Allan Lolly says
Stuart, The B visa is for visiting only, not for immigrating. The adjustment of status process is intended for temporary residents of the U.S, not visitors. Some immigration officers are friendly while others are unfriendly. When you bend or break the rules, you can run into serious trouble if you are unlucky enough to be confronted with an unfriendly immigration officer. It is best to play it safe. When problems arise they tend to get very serious fast.
I’m available to help clients with case processing. If you have an interest in perhaps working with me on your case, please call and I would be glad to discuss. I hope to hear from you. Very kindly, Allan
Rachel K says
Hi,
My boyfriend currently is employed by Norwegian cruise line. He will sign off his ship in December in San Juan, Puerto Rico. Of course working on the ship he has his C1-D visa but he also has his B1/B2 tourist visa. Since Puerto Rico is a US territory does he need to book flights that fly him out of the USA first and then re-enter on the tourist visa? Or can he just fly from San Juan to Ohio direct? And does he need to have his flight back to the Philippines as well?
Allan Lolly says
Rachel, The answer depends on how he enters the U.S. If he wants to enter as a visitor, then each time he speaks to an immigration border agent, he should show his documents and indicate he would like to visit the U.S. Allow the border agent to designate the entry. It can happen that a border agent will not allow entry as a visitor and designate crewman. Either way, he simply departs the U.S. within the allotted time he has on the visa status. If you want to immigrate him based on marriage, he will need either a fiance or marriage visa. Please call to discuss if you have an interest in perhaps working together with me on his case. Very kindly, Allan
Rakshat says
My question is I am in c1d visa since 2014 I suppose to disembark from ship and leave to my country India but cause of money problems I stayed in USA and my c1d visa will be expire in 2018 I am trying to be legal here so need your help any chance to make it legal or something? waiting for you answers thank you
Allan Lolly says
Rakshat, Your status in the U.S. likely expired in 2014 and you are illegal. Let me know off-post if you have a fiancee or spouse who is a U.S. citizen or green card holder, and I will be glad to determine chances of success. Very kindly, Allan
Sankar says
Hello sir, am Sankar I have c1d visa almost four years I over stay in US last month I went back to my country is it any possible to enter US again.
Allan Lolly says
Sankar, Yes it is possible. However, once you violate immigration rules, a CBP border agent will likely cancel your visa. You need to justify the reason for overstay. In all likelihood, the border agent will not allow you to enter because you are no longer trusted. Kindly, Allan
roger says
I came over in the USA since 1996 with C-1 visa but my I-94 it’s says D-2 stamp on it 29 days allowed to stay in the us I stay anyway and got married to us citizen now it’s Over 20 yrs ago I got married 2012 , any hopes of my status not being deported , I need to get legal and work normal , pls help
Allan Lolly says
Roger, In all likelihood you cannot remain in the U.S. and obtain a green card. There are some exceptions, but they are rare. It can still be possible to immigrate you through consular processing, but a discussion is required. Can you please call me to discuss if you have an interest in working with me on case processing? Kindly, Allan
Kamal says
hi shankar ,can you tell me how you depart to India after over staying crew visa .I am in the same situation as you and want to return back home country India.will I face problem while returning to India at USA Airport?please tell me the procedure how I should leave USA without any problems with immigration authorities at Airport.
Thanks Shankr.
Allan Lolly, Esq. says
Kamal, If you overstayed your welcome on a C1-D crewman visa, then it is very likely you will be denied entry on that visa or on another non-immigrant visa. You are not trusted to follow the rules. There can be opportunities for you if there is a way for you to immigrate to the U.S. with a green card and not just try to enter on any visa. Kindly, Allan
Kamal says
hi Allan Lolly,
Good day,
I want to ask I entered in USA three months ago on C1/d visa.but didn’t join the ship and started working on Land illegally.But know I changed my mind and decided to return back to home country.will there be any problems with immigration authorities at Airport while leaving the USA.can I just buy a ticket and board the plane?
Many thanks sir
Allan Lolly, Esq. says
Kamal, You can just buy a ticket and depart the U.S. ICE will not hold you up if you are departing. Kindly, Allan
Nehs says
Hello. I am outside the States right now working for an airline as flight attendant, my question is if I am a C1D holder and get married to a USC then the USC will petition me for AOS,is it a must to withdraw my C1D visa in order to get petitioned? How possible is it for me to withdraw my C1D visa by myself? Also should I withdraw it before marriage or after? I want to know if I can be petitioned while I’m still working at my current profession.Thank youu
Allan Lolly, Esq. says
Nehs, While a CBP port inspector can cancel your C1-D crew visa due to immigrant intent, that’s not been my experience. Normally, our crew member clients have been able to work while going through immigrant processing based on marriage to a US citizen or LPR. It makes sense that a foreigner who is getting married, but still must work, should be given permission to keep the C1-D visa throughout case processing. Congratulations on your engagement. Allan
rajesh naik says
hi Allan
i have c1d visa valid but am not working on cruise ship anymore,
is there will be any issue for me applying B1 B2 visa?
Allan Lolly, Esq. says
It can be reasonable to apply for a B visitor visa if you did not violate any US immigration rules and you can satisfy the US governmental interests in granting a B visitor visa. The US government policy is to favor visitors who will spend money on the US economy and have a strong incentive to depart the US on time. Part of what a consular officer considers is how strong your ties are to your home country given you have worked on a cruise ship. It helps if your last contract was some time ago and you are working in your home country now. Please keep that in mind when applying for a visitor visa. Kind regards, Allan
Nana says
Hi, I need recommendations to my processing. I entered the US under C1/D visa. I came here before under J1 visa twice and went home with good record 8 yrs ago. I met my boyfriend then and husband now. I cannot embark on the cruise ship because of my husband’s diagnosis of depression. Long distance of 8 years is tough for us so I decided I stay. I’ve only been here in the us for more than a month and my I-94 expired a week ago. Do I have a good chance of getting the I-601A waiver for me to apply for a I-485? Thank you
Allan Lolly, Esq. says
Nana, If you entered the US for purposes of working on a cruise ship, then you are a crew member for immigration purposes in all likelihood. Entering the US as a crew member prevents you from successfully applying for adjustment of status in the US, the I-485. You must consular process. The I-601A waiver is for inadmissibility based on unlawful presence in the US of 180 days or more. You would need such a waiver if you continue to remain in the US too long. There is also the possibility that a US consulate abroad would assert inadmissibility based on misrepresentation if you did not join the ship after passing port inspection as a crew member. It’s a separate inadmissibility that would likely need a waiver as well. It appears that you may not be able to adjust status stateside and would likely need to remain abroad for about a year or so under current circumstances in order to process a misrepresentation waiver if you continue to remain in the US. The penalties for crew members jumping ship are not easy to overcome. Immigration agencies have become more adversarial over time. It’s a bit of a pickle when a crew member does not join the ship. I hope this helps. Kind regards, Allan