Dehai Tao - Law Firm - US Immigration Law

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This land flourished because it was fed from so many sources – because it was nourished by so many cultures and traditions and peoples. - Lyndon B. Johnson

"A simple way to take measure of a country is to look at how many want in.. And how many want out." ― Tony Blair

"We came to America, either ourselves or in the persons of our ancestors, to better the ideals of men, to make them see finer things than they had seen before, to get rid of the things that divide and to make sure of the things that unite." Woodrow Wilson

"The bosom of America is open to receive not only the Opulent and respected Stranger, but the oppressed and persecuted of all Nations and Religions; whom we shall welcome to a participation of all our rights and privileges…" George Washington

"We are a nation of immigrants. We are the children and grandchildren and great-grandchildren of the ones who wanted a better life, the driven ones, the ones who woke up at night hearing that voice telling them that life in that place called America could be better."

You can go to live in France, but you can’t become a Frenchman. You can go to live in Germany or Italy, but you can’t become a German, an Italian or for that matter any country in the world. But anyone, from any corner of the world, can come to live in the United States and become an American

"Let the poor the needy and oppressed of the Earth, and those who want Land, resort to the fertile lands of our western country, the second land of Promise, and there dwell in peace, fulfilling the first and great commandment." -George Washington

"It says something about our country that people around the world are willing to leave their homes and leave their families and risk everything to come to America. Their talent and hard work and love of freedom have helped make America the leader of the world. And our generation will ensure that America remains a beacon of liberty and the most hope fill society this world has ever known." ..... George W. Bush

"When my family came from England during the war, people said, "You are welcome here. What can we do to help?" I am a beneficiary of the American people’s generosity"..Madeleine Albrighth

"Yes, they broke the law, but it’s not a felony. It’s an act of love, it’s an act of commitment to your family" -- Jeb Bush

What is D-1 crewmen visa?

The D-1 crewmen visa is a nonimmigrant visa which allows foreign nationals, crewmen, serving aboard a vessel or aircraft in any capacity that will land in the U.S. to enter into the U.S.

Note: Crewman may obtain an individual visa, or may be included in a crew list visa.

Who are eligible for D1 visa?

All foreign crew members are eligible for D1 visa. Crew members may include pilots, airhostesses, flight attendants, stewards, seamen, or employees on board a ship whose services are required for normal operation traveling to the U.S., as passengers to join a vessel or aircraft.

What are the limitations of D-1 visa?

On D-1 visa, you:

May not be involved in fishing, and the ship's homeport must be in the U.S.
Must land in and depart from the same port as part of your crew duties

Can I extend my stay in the U.S. on D-1 visa?

No, you may not apply for extension of stay on D-1 visa. To re-enter the U.S. you have to re-apply for the visa after six months.

Can I change status while on D-1 visa?

No, you may not apply for change of status while on D-1 visa.

Are there any travel restrictions on D-1 visa?

The D-1 crewmen visa is a non immigrant visa which allows foreign nationals, crewmen, serving aboard a vessel or aircraft in any capacity that will land in the U.S. to enter into the U.S.

Can I study or work on D-1 visa?

No, you may not study while on D-1 visa. You are authorized to engage in employment in the U.S. only for the vessel for which you have got visa.

Can I bring my dependents on D-1 visa?

No, you may not bring your dependents on D-1 visa. However, you may bring your spouse and unmarried children who are under 21 to stay along with you on C-1 or B-2 visa.

What is the processing time for D-1 visa?

The processing time required for D-1 visa is normally three working days. However, because of heavy demand for visas, you should apply at least six to nine business days in advance, giving the Consulate enough time to process your application.

How do I apply for D-1 visa?

You should file your D-1 visa application before you start your duties on the vessel. While applying for landing privileges, you should:

Submit your visa application in person, offer all necessary documents
Be photographed and fingerprinted
Establish that you are admissible under all relevant immigration laws
Prove entitlement to landing privileges in the U.S.
Show copies of employer work records to the immigration officer

Where should I submit my D-1 visa application?

You should submit your D-1 visa application in the American Consular office where you reside

Can I obtain a crew list visa?

For a crew list visa the master or agent of any vessel arriving in the U.S. should fill in Form I-418 which lists the names of all crew members who do not have individual visas or alien registration cards.

Can I apply for Green Card while on D-1 visa?

No, you may not apply for a Green Card while on D-1 visa.

What additional or necessary information is applicable for D-1 visa holder?

A crew list visa is obtained by filling out Form I-418 in duplicate. The copy of Form I-418 should be filled in completely with columns 4 and 5 completed. Completed forms will be accepted even if the captain has not signed them
If the vessel plans to make two or more calls in the U.S, you should submit an additional copy of Form I-418 for each entry into the U.S. If additional crewmen are signed on after the original list is issued visas, a supplemental crew list should be prepared and submitted

What is a D-1 crew member certification?

Performance of long shore work at U.S. ports by D-1 crew members on foreign vessels is generally prohibited with a few exceptions. One such exception requires an employer to file an attestation stating that it is the prevailing practice for the activity at that port, there is no strike or lockout at the place of employment, and that notice has been given to U.S. workers or their representatives.

What is a Port of Entry?

To carry out USCIS's inspection requirements, the Attorney General, through the USCIS Commissioner, has designated ports of entry for foreign nationals arriving by vessel or by land transportation.

What are the classes of ports of entry?

Class A ports of entry are ports at which any foreign national may apply for entry
Class B ports of entry are ports designated for foreign national's who at the time of applying for admission are permanent residents in possession of a foreign national registration receipt card (Form I-151 or I-551; 'Green Card'), a valid nonresident foreign national border crossing card, or who are admissible without documents under documentary waiver provisions
Class C ports of entry are ports designated for foreign nationals arriving in the U.S. as a vessel or aircraft crewmen