Our office has handled issues for those with D Visas.  Those with D Visas are restricted in changing status, but there are some options with careful planning.

RECENT NEWS  . ELIGIBILITY . ISSUES . FURTHER RESEARCH . ADMISSIBILITY

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RECENT NEWS & REMANDS

Under development, ..

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ELIGIBILITY

1. PURPOSE . For crewpersons on foreign vessels or aircraft with stopovers in the US and origin/destination outside the US.

2. LIMITATIONS . Requires to return aboard vessel after joining it on first available transportation

3. ENTERING FOR WORK . Crewperson may be admitted or paroled in the US to perform duties under a labor dispute if employee has been with the company for at least a year and other conditions exist

4. INTENTION . Applicant has no intention of abandoning his/her foreign residence; D visa applicants cannot intend to stay in the U.S. permamently.

5. APPLICATION . application made at port of entry

6. DURATION . 29 day maximum admission upon each entry to the US.

7. ADMISSIBLE . Applicant must be 'admissible'. See Admissibility.

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ISSUES

ADMISSIBILITY . A visa applicant must be admissible in ten general, important ways to receive a nonimmigrant visa, including health, financial ability, clean criminal history, immigration history, etc. See Admissibility for more details.

NON-IMMIGRANT INTENT . It is illegal to enter the United States with a D Visa with the intent to stay for longer than allowed. Because the U.S. government cannot divine the intent of those applying for visitor visas, it looks for indications that the applicant intends to return to his/her home country, such as a job, property, family, and other obligations that would require the applicant to return to their home country.

WORK AUTHORIZATION/SCHOOL . Work is not authorized for D Visa holders, unless s/he has been with the company for more than a year and there are labor disputes that necessitate his/her work in the United States.See Work Authorization.

DURATION OF AUTHORIZED STAY . D Visa holders are eligible to stay in the United States for 29 days maximum, unless s/he has been with the company for more than a year and there are labor disputes that necessitate his/her work in the United States.

PERMANENT RESIDENCE . A D Visa holder is not eligible to make application for permanent residence in the United States, even if s/he qualifies for such, unless such application was made before April 30, 2001. All D Visa holders must leave the United States to get a change of visa classification (student, visitor, etc.). There is a limited exception, that D Visa holders may be admitted or paroled in the US to perform duties under a labor dispute if employee has been with the company for at least a year and other conditions exist.

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D VISAS . RECENT NEWS  . ELIGIBILITY . ISSUES . FURTHER RESEARCH . ADMISSIBILITY

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