QUESTION

What is my immigration status if I do not return to the US ship after leave is up?

Asked on Jul 31st, 2011 on Immigration - Texas
More details to this question:
If you are in the Phillipine Navy and you do not return to your ship (while docked in the US) when leave is up, what would be the immigration status?
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6 ANSWERS

Immigration and Naturalization Attorney serving San Diego, CA
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Assuming you are on a D-1 crewman visa and do not return when the I-94 card expires then you are an overstay. This is not a good idea as there are many special restrictions on crewmen (even if you were to marry a U.S. citizen). If you want to remain in another classification best to go home and re-apply for the new classification. The consulate will see you complied with the visa as required and this will be in your favor for future applications.
Answered on Aug 31st, 2011 at 6:59 AM

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Immigration Attorney serving Los Angeles, CA at The Law Offices of Steve Paek
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You will violate the terms of your visa and therefore you will be out of status.
Answered on Aug 30th, 2011 at 3:24 PM

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Immigration Law Attorney serving Chicago, IL
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A C1/D2 crew member must return to their ship. They cannot adjust status, nor seek relief for the most part. A person who overstays a C1/D2 can be deported They usually have no right to adjust status even if they marry a U.S. Citizen. It is best to consider consular processing and leave with the ship. Should negotiation be needed, you may need an experienced Filipino licensed attorney who practices Filipino maritime or armed forces law. There has only been one exception in the history of immigration law. However, if you were not petitioned directly or indirectly for an immigration visa by January 14, 1998, then you cannot do much. I strongly recommend an appointment or teleconference to consider all of your options.
Answered on Aug 30th, 2011 at 3:14 PM

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I am assuming that you have a C visa. You would be out of status if you did not return to your ship.
Answered on Aug 30th, 2011 at 2:45 PM

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Criminal Law Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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It appears to me like a stow away. But if you have a visitors visa and go through the customs and be admitted, you will be a tourist.
Answered on Aug 30th, 2011 at 2:07 PM

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LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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You would have no lawful US immigration status.
Answered on Aug 30th, 2011 at 12:14 PM

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