DEAR Atty. Gurfinkel:
I entered the U.S. on a C–1 transit visa, but I am not a crewman, nor was I joining any ship. I was simply passing through the U.S. to another country. However, I remained in the U.S. and am out of status. I just got married to a U.S. citizen, and was told I would not be able to adjust status (get a green card) in the U.S. because I entered on a C-1 transit visa. Is there any hope for me to adjust status in the U.S. through a marriage petition, without having to go back to the Philippines?
Very truly yours,
M.B.
Dear M.B.:
A C-1 visa is issued to aliens in “immediate and continuous transit through the U.S.” Such visas are typically issued to crewmen seeking to join a ship. However, a C-1 visa can also be issued to other people transiting through the U.S. to another country. These non-crewman C-1 entrants could possibly be eligible to adjust status in the U.S. (For crewmen to adjust status in the U.S., they would need the benefit of Section 245(i), by having been previously petitioned before April 30, 2001. However, non-crewman transits would not necessarily need Section 245(i) to adjust status in the U.S.)
In fact, my office has handled several cases involving non-crewmen C-1 transits, and we successfully secured their green card in the U.S. through adjustment of status. In one case, the person entered on a C-1 visa, going to Guantánamo Bay to work. In another case, the person was transiting through the U.S. to work on an oil platform off the coast of Louisiana. Since they were not crewman, we succeeded in having them adjust status in the U.S. versus having to go back to the Philippines via provisional waiver.
If you entered the U.S. on a C-1 visa and were not a crewman, you should consult with an attorney, who can evaluate your case and determine your eligibility for adjustment of status (assuming you have been petitioned and your priority date is current). If you are a C-1 crewman, you would either need the benefit of Section 245(i) or consider a provisional waiver.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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