Statutes (The Immigration and Nationality Act) Regulations (8 CFR and also known as administrative law )

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1 Who makes the rules? Statutes (The Immigration and Nationality Act) Regulations (8 CFR and also known as administrative law ) Policy (DHS/CBP) Judicial Rulings (Rendered Legal Opinions) Statutes Statutes are made by Congress Second only to tax law in complexity Ever-changing and fluid Subject to interpretation Regulations Regulations are created by the Executive Branch agencies Expands and interprets the statues through regulation Also known as administrative law The CFRs are published in the Federal Registry Policy Policies are made by department agencies (DHS/CBP) Federal agencies work within the statutes and regulations to form an operational framework called policy Policy can be amended or changed by agency as long as it is within regulations

2 Judicial Review Board of Immigration Appeals General Counsel Rulings reshape policy Rulings can strengthen or weaken authority C-1, C1/D, and B-1 OCS Visas What is the difference? What visa does my crew need? How do I prevent my visa from being cancelled? C-1 Visa The C-1 visa is a transit visa A C-1 cannot adjust status The duration of transit is 29 days The visa holder must conclude transit before the 29 days have lapsed C-1/D Visa A C-1/D allows the visa holder to transit and join a vessel as a crewmember A C-1/D cannot adjust status As a D-1 the visa holder can crew a vessel and be granted a 29 day shore pass As a D-2 the visa holder can sign off the vessel and be given up to 29 days to leave the United States

3 B-1 OCS Visa B-1/OCS visas are issued to crewmembers of international vessels operating on the Outer Continental Shelf or Gulf of Mexico for more than 29 days. In determining who qualifies for the B-1/OCS visa, Consular Officers take into consideration the individual s responsibilities and activities on the ship, shipyard, or platform. A B-1 OCS visa holder does not need to request landing rights (shore leave). The B-1 OCS crewmember has the same status as any other B-1 visitor for business and is admitted, not landed. Cancellation of a visa What are some of the reasons that a visa is cancelled? The subject has violated the conditions the visa Overstay Incorrect category (working on a B-2 tourist visa) Fraud or misrepresentation Statutory cancellation (intentional or unintentional violation of the visa) Key points to remember Once the status has been violated the visa is no longer valid Cancellation with or without prejudice The following is from the DOS website and pertains to visa overstays Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized, even by one day, results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S., your visa will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality. Expedited Removal limited to fraud and immigrant not in possession of an immigrant visa charges 5 or 10 year bar, lifetime bar Voluntary withdrawal No specific penalty other than cancellation of visa Voluntary departure Cancellation with or without prejudice

4 Why are crew detained on board? Lack of a valid visa Out of status Security concerns Improper documentation Parole defined: Per 8 CFR section 253.1, CBP has the option of granting paroles at their discretion. SIGNIFICANT PUBLIC BENEFIT HUMANITARIAN CIRCUMSTANCES OTHER LIMITED CIRCUMSTANCES deemed appropriate by CBP. SIGNIFICANT PUBLIC BENEFIT An alien that is subpoenaed as a witness by a local, state, or federal jurisdiction. A stowaway or other individual found inadmissible and therefore requiring entry for processing for removal from the United States HUMANITARIAN Illness or injury requiring medical attention Shipwrecked or castaway seamen rescued at sea Aliens alleging persecution Voluntary Departure DEFINITION: A voluntary departure permits an individual, who is otherwise removable, to depart from the United States at his/her own expense within a designated amount of time in order to avoid a final order of removal. Is preferable to deportation Is an adverse action

5 Is not a substitute for improper itinerary planning When a removable alien requests voluntary departure that alien has already violated the terms of his/her visa. In other words, the alien has statutatorily cancelled their visa.