21 Mar Can a C-1 visa holder adjust status?
Many Filipinos are Crewmember of a vessel whether cargo or passenger vessel. They are usually issued with C-1 visas. However, recently C-1 visa is also issued to those nonimmigrants transiting to the U.S. If they married to a U.S. citizen, then the question comes to mind is whether they can adjust their status in the U.S.
In general, C-1 visa refers to Crewmen who were barred from adjusting status in the U.S. However, C-1 visa are also issued to those non-immigrants who are transiting to the United States to go to other countries. The USCIS Policy Manual clarifies this matter as stated below:
“A nonimmigrant crewman is barred from adjusting status. This bar applies to an applicant serving as a crewman who is permitted to land as a D-1 or D-2 nonimmigrant, as shown on the applicant’s Arrival/Departure Record (Form I-94) or Crewman’s Landing Permit (Form I-95), and by the corresponding visa contained in the crewman’s passport. The bar also applies to an applicant who was admitted as a C-1 nonimmigrant to join a crew.
In addition, the applicant’s service as a crewman is controlling regardless of the applicant’s actual nonimmigrant status, if any. For example, an applicant admitted in B-2 nonimmigrant visitor status while serving as a crewman is barred from adjustment.”
To summarize, the controlling factor is the type of work the person intending to adjust status. If he is employed as a crewman regardless of the nonimmigrant visa issued, he is barred form adjusting status. On the other hand, even if the visa issued is a C-1 he can still adjust status if he is just transiting to the U.S. to go to other country, provided he is not a member of the crew intending to work in a vessel as crewman.
Note: This is not legal advice and presented for information purposes only.
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