A crew-el immigration policy

Apart from its reputation as a proverbial human mill for nurses and all types of domestic workers, the Philippines is also known as a prolific exporter of crewman labor for overseas deployment.

The old US of A is no exception as an export destination.

To gain admittance into the US as a crewman/seaman, a person must possess either a D-visa or a C1/D-visa.

A D-visa is issued to those already working as a crewmember even before arriving on or disembarking from an international vessel or airplane in the US.

Common examples of D-visa holders are airline pilots and flight attendants, as well as ship captains, engineers, and deckhands. Also included are cooks, waiters and other service staff of cruise liners.

If the purpose of travel is to report for work on a commercial vessel or aircraft that is temporarily docked or parked within the US, a C1/D combo visa is issued instead, as a C-visa is specifically reserved for people arriving in the US while in transit to an outside destination.

A person entering the US on a D or C1/D visa is only allowed a maximum stay of 29 days per entry; otherwise, he/she will be deemed in violation of status.

Moreover, the issuance and continued validity of a D or C1/D visa are contingent upon the person reporting for work and continuing to work on a commercial vessel or aircraft, failing at which the D or C1/D status is automatically voided.

On its face, a D or C1/D visa seems like an attractive option for someone with temporary travel plans to the US, it being relatively easier to obtain than the other types of nonimmigrant visas. As long as the job order paperwork is in order and the overseas shipping or airline company submits a genuine attestation of need for the crewmember’s services, the issuance of the visa is almost always a given.

Nevertheless, as the title of the article implies, a crewman’s visa is far from being an ideal immigration option to the US.

Why? Because the law specifically forbids D or C1/D visa holders — except under very limited circumstances — from changing or adjusting their status in the US.

Consequently, if a D or C1/D crewmember decides that he/she wants to stay in the US on a permanent or long-term basis (for example, to work or to study or to marry an American citizen), he/she is required to leave the country in order to apply for a corresponding visa at a US consulate abroad, thereby risking a lengthy separation or absence from family or work with no guarantee of visa approval or a successful return entry to the US.

In contrast, a person who enters the US on a visitor’s visa or a student visa, for instance, is not precluded from changing or adjusting status in the country, provided all regulatory requirements are met.

Unfortunately, some C1/D visa holders — either by design or due to external causes beyond their control — do not report for work at all, electing to “jump ship” at the earliest opportunity, in the process becoming illegal aliens with suspicious fraudulent intent.

In situations of this nature, not only is the limited “in-country” adjustment of status privilege permanently foreclosed, the errant visa holder will also have to hurdle an extremely difficult waiver process in order to overcome the imputation of fraud, making the chances of getting a green card virtually nil.

Unless this crew-cial disqualifying circumstance is miraculously lifted, crewmen with status violations should always brace themselves against the crew-el impact of a sudden banishment from the US.