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Would a person who entered the US on a Seaman's VISA back in…

Hi. Would a person who...
Hi. Would a person who entered the US on a Seaman's VISA back in December but overstayed his VISA have an I-94 record number? The reason why I am asking is because my friend is currently completing the I-485 Green Card Application and it asks for his I-94 record number (if any). He is wondering if he would have one since he is currently "out of status"?Thank you.
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Answered in 2 minutes by:
8/15/2017
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,983
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

It's probably going to be bad news, not because there won't be an I-94 record because there will be, but because a person that comes on a ship or plane as a crew, or comes to meet a ship or plane that he will be crew on cannot Adjust Status normally. Is that how they entered the U.S.? And how are they adjusting status?

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Customer reply replied 10 months ago
Through marriage to a US Citizen.

That's not going to work if he came to the U.S. as crew or came to the U.S. to be crew. Is that what happened?

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Customer reply replied 10 months ago
No. And I'm not sure we are on the same page because he told me he already went to a lawyer before me and he said he can do it? He just said the lawyer was too expensive for him.
Customer reply replied 10 months ago
I thought anyone who marries a US Citizen and has bona fide marriage can apply, sir?

No, that is not true at all. First, you have the millions of people that entered illegally. Next, you have people that entered on a K-1 fiancee visa or K-3 spouse visa and did not get Residency through the U.S. Citizen that sponsored them and they decided to stay and even getting married to another U.S. Citizen nor having U.S Citizen children will not help them. Third you have persons that entered on a J-1 that has the requirement that the person go home for 2 years before they can get Residency. And last, you have the crewmen. Some people dabble in immigration law and they don't really know what they are doing. They see someone that entered legally, married a U.S. Citizen and has money and they assume that it will work out and don't bother to do more research. That's why you come here. My question to you (and you may have to ask him), did he come on a ship or plane that he was a crew on, or did he come to meet a ship or plane that he was a crew on and never left, OR did he come as a transit, just passing through the U.S.?

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Customer reply replied 10 months ago
Well I really appreciate your help on this way. He was very angry when I phoned him. Apparently someone told him otherwise, and he is still going to do it but without me now. Thanks
Customer reply replied 10 months ago
I can give you the 5 stars now but its not allowing me to rate.

But the question still stands. There is one exception. I need you to be clear. How did he come to the U.S.?

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Was he crew on a cruise ship or something and he came on that cruise ship? That's the most common.

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Customer reply replied 10 months ago
he was crew on a cruise ship. That was his employment. I don't know if he came on that particular ship though. He said he had a Seaman's VISA.

I'll explain the exception. I had a client once that had a C-1/D. This is crewman/transit (the D is actually the crewman part of the visa). He flew from El Salvador to Miami and was supposed to transit through Miami to London to meet a ship in London that he was a crewmember of. So because he did not come to the U.S. on the ship and he did not meet the ship in the U.S., they admitted him as C-1 which is the transit. He was not admitted as D-1 which is crewman. Because of that, I was able to get him Residency. Here are a few articles:

http://www.khurgel.com/immigration-options-for-crewmen/

https://asl-lawfirm.com/adjust-status-c1-d-crew-visa

https://www.avvo.com/legal-guides/ugc/adjustment-of-status-and-the-c-1-visa

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,983
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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