What is my immigration status if I do not return to the US ship after leave is up? 10 Answers as of August 31, 2011

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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All American Immigration
All American Immigration | Tom Youngjohn
If you stay in the US in a "crewman" status, then you are out of luck, even if you marry and have children. But it's always smart to get a second opinion.
Answer Applies to: Washington
Replied: 8/31/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
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.
Answer Applies to: California
Replied: 8/31/2011
Reza Athari & Associates, PLLC | Gregory Stark
If you do not have a visa to stay in the United States, I suppose you would be out of status. Would need more details to give you a better answer.
Answer Applies to: Nevada
Replied: 8/31/2011
Law Offices Of Steve Paek
Law Offices Of Steve Paek | Steve S Paek
You will violate the terms of your visa and therefore you will be out of status.
Answer Applies to: California
Replied: 8/30/2011
The Law Office Kevin L. Dixler
The Law Office Kevin L. Dixler | Kevin Lawrence Dixler
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.
Answer Applies to: Illinois
Replied: 8/30/2011
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    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.
    Answer Applies to: Nevada
    Replied: 8/30/2011
    Joseph Law Firm
    Joseph Law Firm | Jeff Joseph
    It depends on whether you are admitted on a visa or I-94 or not admitted at all. Either way, it would be an immigration violation that could subject you to removal from the United States.
    Answer Applies to: Colorado
    Replied: 8/30/2011
    Kriezelman, Burton & Associates | Matthew Scott Kriezelman
    I am assuming that you have a C visa. You would be out of status if you did not return to your ship.
    Answer Applies to: Illinois
    Replied: 8/30/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    You would have no lawful US immigration status.
    Answer Applies to: Texas
    Replied: 8/30/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You would have no immigration status whatsoever. You would be considered out of status and could be placed in removal proceedings. In addition, entry as a crewman limits the types future immigration benefits you may wish to seek. If you have a reason for not wishing to return to your ship, you should speak with an experienced immigration attorney as soon as possible.
    Answer Applies to: New York
    Replied: 8/30/2011
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