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Asylum, Business Visas, Q&A

Q&A Post from Avvo.com – Can I Adjust Status of my C1 Crewmember Visa?


PUBLIC’S QUESTION: I was admitted in country on C1 visa on I-94, in my passport i have comination visas c1/d,b2 visas…

Asked 3 days ago – Miami, FL
Practice area: Immigration

my sister i u.s. citizen,my parents will receive paperwork to immigrate-with 10yr green card any minute-right now they still overseas in a process-my mom got it already -didnt wont to leave my dad behind while he’s still waitting for his , so they can come TOGETHER, since they are married , it was unneccesery delayed to my father same way it was done to another girlfriend of her famillies, what a COINCIDENCE ! ,not one to 2 of her girlfriends share the same Delay story, they got it after multiple inquairy letters, which is my sister doing now,she wrote a third one already, ins got time to answer – Long time, anyways,i read that i AM eligible to adjust my status since i was admitted as C1 allien -not d1, or some other , is it truth ? btw i am overstayed 20 yrs,no criminal record, plz help!

ANSWER:

Answered 7 minutes ago. Immigration Attorney in Miami, FL.
Hello,In general, a person on a C1/D visa should be admitted into the U.S. up to 29 days, while a person on a D2 may stay up to 6 months. Many attorneys seem to agree that C1 visas as particularly strict, and that you cannot apply for a change of status or adjustment of status while on a C1/D visa, even if you are an immediate relative of a U.S. Citizen.

As it sounds like you may have come on a C1 visa, you were likely only allowed to stay 29 days. It also appears that you have overstayed beyond 180 days (you indicate 20 years?). At this stage, it does not seem likely that you can adjust your status. There are some cases wherein a crewman can adjust his or her status under the benefit of section 245i of the Immigration and Nationality Act (INA). However, the deadlines for such amnesty have long-since passed and thus may not apply to you.

Some attorneys believe that where an alien has a C1 visa, was admitted as a C1 alien and issued an I-94, then such alien is “in transit” and may be eligible for adjustment of status. However, it again appears that you may have overstayed this option. You may wish to go home and try for a waiver, although the success of the same is very uncertain. You may wish to consult an attorney to further discuss the details of your case.

Most immigration attorneys will provide a consultation free or for a limited fee to discuss your case in more detail.

Best of luck.

Regards,
Miami International Attorneys, P.L.
abernhard@miapl.com
P.O. Box 191057
Miami Beach, FL 33119
Tel: 786-566-1969.

For more answers to your questions, contact MIA at abernhard@miamivisahelp.com or Miami International Attorneys at www.miamivisahelp.com.

Miami International Attorneys, P.L.

About Miami International Attorneys, P.L.

Miami International Attorney

Discussion

2 thoughts on “Q&A Post from Avvo.com – Can I Adjust Status of my C1 Crewmember Visa?

  1. Hello I filed for AOS in June 2 2011(my wife has CU6 residence) , had my interview in Miami on September 20 2011, since then no update or answer has been received, have made already three infopasses and always get the same answer “your case is being processed”, 3 weeks ago made a service request and received a letter saying that my background check is not completed yet. Why is this taking so long? Or this is the “normal time” and I am just a little impatient?

    Thank you!

    Posted by Robert | April 17, 2012, 9:37 pm

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Welcome to MiamiVisaHelp.com’s law blog … discussing everything visa from the perspective of those that have a need, desire, or tendency to move from country to country for the purpose of work, survival, education, living, play, and everything in between. Please feel free to send Andrew John Bernhard, Esq. a message! We are always trying to enhance your experience, and help all of us movers, migrators, immigrants, ex-pats and travelers have an easier, happier, and more satisfying experience in the often confusing world of U.S. Immigration. Please feel free to visit our friends at USImmigrationMiami.wordpress.com and TheMitochondrialMigrator.wordpress.com to see more from similar minded people like yourself! Most of all…ENJOY! - Andrew John Bernhard, Esq.

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