Temporary (Nonimmigrant) Visas

D Visas - Crewmembers

Crewmen are defined in the immigration regulations as persons serving in any capacity required for normal operation and service on board a vessel or aircraft, who intends to land temporarily as a crewman, and depart again from the United States aboard the same vessel or aircraft or another. It is immaterial in what occupation the alien is employed, so long as they are employed on board the vessel or aircraft. This category does not include the family of any crewmember unless they are paid to perform some function. 

Those Who Are Excluded from this Category

Long shore workers (those working in areas related to the loading and unloading cargo), however, are excluded from this classification, with certain exceptions. Immigration laws also prohibit crewmembers from being admitted to the US during a strike or lockout, unless they have been employed by the employer for at least one year prior to when the strike or lockout began. Alien crewmembers on fishing vessels having an operating base in the United States are also excluded from this category.

Entry Requirements

The owner or commanding officer of any vessel or aircraft must, upon arriving at the first port of entry in the United States, produce a list of the names of all alien crewmembers, their positions, when and where they were employed, and those who will be ending their service at that port of entry. The vessel must present a set of Form I-95s (conditional landing permit) for each alien crewmember on board except those who: 1) are documented immigrants, 2) are Canadian or British if the vessel is a Great Lakes vessel, 3) a D-1 crewmember who is still validly in status, or 4) a crewmember whose vessel is not subject to customs or does not wish to apply for a conditional landing permit.

Departure Requirements

The owner or commanding officer must also deliver to the immigration officer a list 
showing any changes in the alien crewmembers before the vessel’s departure from that port. If there are no changes, the form must still be submitted, stating that there are no changes. 

Detention of Alien Crewmembers

The owner or officer of the vessel must keep all alien crewmembers aboard the craft or in a designated site until inspection can take place or the conditional landing permit is issued.

Deportation 

The owner or officer of a vessel must deport an alien if required to do so, and the expense of this action will be incurred by the owner or officer of the vessel.

Admissibility

The general requirements of immigration laws are applicable to alien crewmembers, and so at the first port of entry, it must be determined that all alien crewmembers are admissible according to the general immigration laws. Crewmembers must be given a fair chance to show their admissibility. 
If crewmembers meet the general requirements for admissibility, shore liberty can only be refused if there is a reasonable basis for believing that the alien would not leave the United States at the end of the time for their shore leave.

Shore Leave Violations

If an alien is granted permission to come onshore the United States and he violates the terms of this parole, he will be taken into custody without a warrant, and permission is revoked. The crewmember’s deportation notice is served on the vessel on which they came, and they are required to arrange for the alien’s deportation. 

Change of Status

The alien crewmember may not apply for change of status or extensions beyond the 29 day limit imposed by that visa. However, if unforeseen circumstances  cause the alien to not be able to depart with his vessel, he may apply to change o D-2 status so that he may depart on another vessel or plane, if it is shown that arrangements have been made for his departure. This relief is discretionary.
However, an alien crewmember may apply for adjustment of status under INA Section 245(I), if they pay enhanced filing fees.