The crewman visa adjustment bar is a crucial legal restriction that impacts many maritime workers seeking to adjust status in the U.S. This bar can prevent seamen and crewmen from obtaining permanent residence through the usual Adjustment of Status process. Recent USCIS updates to Form I-485 now specifically inquire about prior crewman status, underscoring the importance of understanding the crewman visa adjustment bar. If you are affected, consulting with an experienced immigration attorney can help you explore alternative pathways like consular processing.
What Is the Crewman Visa Adjustment Bar and How Does It Affect Your Immigration Case?
The crewman visa adjustment bar is a legal provision under INA §245(c) that prohibits foreign nationals who entered the United States to serve as crew members aboard vessels or aircraft from adjusting their status while physically present in the U.S.
Understanding this bar is essential because it directly affects your ability to file for a green card through the Adjustment of Status process within the United States.
- Why does this bar exist? It is designed to prevent misuse of visas intended for temporary crew members, who typically do not have immigrant intent.
- Who does it affect? Traditionally, this bar applied to individuals admitted in C-1/D crewman visas. However, USCIS has clarified that the bar may also apply if a person was admitted under other visa categories (e.g., B-1 or B-2), but the true purpose of entry was to serve as a crewman or seaman.
This means even if your visa category was not C-1/D, your actual activity and intent at entry matter greatly.
Legal Reference: INA § 245(c)(1)(A) states:
“The adjustment of status of an alien shall not be granted if the alien… has at any time prior to admission been crewman serving aboard a vessel or aircraft engaged in foreign transportation.”
Importantly, this bar applies even if the crewman is married to a U.S. citizen. There is no exception under INA § 245(c)(1)(A) for immediate relatives such as spouses of U.S. citizens.
Understanding USCIS Form I-485 Changes Regarding the Crewman Visa Adjustment Bar
In keeping with this policy, USCIS updated Form I-485, Application to Register Permanent Residence or Adjust Status, to better identify applicants potentially barred by crewman status.
The form now asks:
- Whether the applicant last entered the United States to join a vessel as a seaman or crewman, or
- Whether the applicant entered while serving in any capacity aboard a vessel or aircraft.
This increased scrutiny reflects USCIS’s intent to enforce INA §245(c) more consistently and to prevent applicants from circumventing the bar by using non-crewman visas.
Why Prior Service on a Vessel May Disqualify You from AOS
The bar exists to prevent crew members—who are typically admitted temporarily and without immigrant intent—from circumventing immigration laws by adjusting status in the U.S. INA §245(c)(1)(A) specifically states that any alien who has been a crewman serving aboard a vessel engaged in foreign transportation is barred from adjustment of status.
Importantly, this bar applies even if the crewman is married to a U.S. citizen. There are no exceptions for immediate relatives in this context.
If you entered the U.S. on a B-1 visa but your purpose was to work aboard a vessel or aircraft, USCIS may find you barred from adjusting status in the U.S. This can have serious consequences:
- Denial of Adjustment of Status: Your I-485 application may be denied on grounds of inadmissibility due to crewman status.
- Requirement to Consular Process: You may be required to leave the U.S. and apply for an immigrant visa at a U.S. consulate abroad, which can be a longer and more complex process.
- Risk of Misrepresentation: Failure to disclose crewman status on Form I-485 may lead to findings of misrepresentation or fraud, with significant immigration penalties.
Legal Strategies to Navigate the Crewman Visa Adjustment Bar
Careful planning is critical when dealing with the crewman visa adjustment bar. Maintaining clear documentation and travel records can offset potential concerns at the border or during USCIS interviews.
Here are important steps to protect your immigration interests:
1. Answer All Questions Truthfully
Honesty on all USCIS forms is critical. Answer the new crewman-related questions on Form I-485 accurately. Misrepresentation can bar you from future benefits and may result in removal proceedings.
2. Understand the Bar’s Scope
The bar applies regardless of your visa classification if your purpose at entry was to serve as crew. Even if admitted on a B-1 visa, your actual activities and intent can trigger the bar.
3. Consider Consular Processing
If barred, your best option may be to apply for an immigrant visa via consular processing abroad rather than adjusting status within the U.S. This process requires consular interviews but avoids the ineligibility under INA §245(c).
4. Plan Travel Carefully
Travel history can affect your eligibility and admissibility. For example, leaving the U.S. and reentering under a B-2 tourist visa is possible, but your intent at entry must be temporary and consistent with the visa. Frequent or immediate reentry after working as crew may raise red flags.
5. Wait 90 Days Before Filing for Adjustment
If you reenter on a B-2 visa, USCIS applies the “90-day rule” (per the USCIS Policy Manual and Department of State guidance) to assess whether you misrepresented your intent at entry. Waiting at least 90 days before filing Form I-485 helps demonstrate your intent was not immigrant at the time of entry.
Frequently Asked Questions (FAQs)
Q1: What exactly is the crewman bar and who does it affect?
The crewman bar (INA §245(c)) prevents adjustment of status for foreign nationals who entered the U.S. as crew members on vessels or aircraft, regardless of visa type if their purpose was crew service.
Q2: If I entered on a B-1 visa but worked as a seaman, am I barred from adjusting status?
Yes, USCIS can apply the bar based on your actual purpose, not just your visa category.
Q3: What are my options if I am subject to the crewman bar?
You may need to apply for an immigrant visa via consular processing abroad. Consulting an immigration attorney is strongly recommended.
Q4: How do the new I-485 form questions affect me?
You must disclose any prior crewman or seaman entry on Form I-485. This helps USCIS identify those subject to the bar and prevent fraud.
Q5: Can I still enter on a B-2 visa if I’m married to a U.S. citizen but subject to the crewman bar?
You can, but your intent at entry must be temporary (e.g., tourism or honeymoon). Careful planning and documentation are necessary to avoid issues.
How an Immigration Attorney Can Help With Crewman Visa Adjustment Bar Cases
Navigating the intersection of crewman status and adjustment of status can be complex. At the Law Office of Olivia C. Cummings, we specialize in helping seamen, crewmen, and other maritime professionals understand their rights and options under U.S. immigration law.
If you have questions about the crewman bar, recent USCIS form changes, or your adjustment of status eligibility, contact us today for a confidential consultation.
Phone: 772-236-0148
Email: Office@CummingsLawPractice.Com
Click HERE to schedule an Initial Consultation.
Stay informed and protect your immigration future with trusted legal guidance.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized assistance, please contact our office to schedule an initial consultation with one of our experienced immigration attorneys.
