AUTHORITY: The provisions of this Part 251 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply secs. 212, 231, 251, 252, 66 Stat. 182, as amended, 195, 219, 220; 8 U.S.C. 1182, 1221, 1281, 1282. § 251.1

Arrival manifests and lists.

(a) Presentation. The master or agent of every vessel arriving in the United States from a foreign port, from an outlying possession of the United States, or from Guam, Puerto Rico, or the Virgin Islands of the United States shall present to the immigration officer at the port of first arrival a manifest of all crewmen on board on Form I-418 in accordance with the instructions contained thereon. A manifest shall not be required for crewmen aboard a vessel of United States, Canadian, or British registry engaged solely in traffic on the Great Lakes, or the St. Lawrence River, and connecting waterways herewith designated as a Great Lakes vessel, except crewmen of other than United States, Canadian, or British citizenship and, after submission of a manifest on the first voyage of a calendar year, a manifest shall not be required on subsequent arrivals unless there is employed on the vessel at the time of such arrival an alien crewman of other than United States, British, or Canadian citizenship who was not aboard and listed on the occasion of the submission of the last prior manifest. The master or agent of every aircraft arriving in the United States shall present to the immigration officer at the port of first arrival a manifest on the Bureau of Customs' Form 7507 or on the International Civil Aviation Organization's General Declaration of all crewmen on board, except that a manifest shall not be required of an aircraft arriving in a State of the United States directly from Canada on a flight originating in that country.

(b) Additional documents. The master or agent of every vessel or aircraft

arriving in the United States from a foreign port, from an outlying possession of the United States, or from Guam, Puerto Rico, or the Virgin Islands of the United States shall prepare as a part of the manifest when one is required for presentation to the immigration officer, a completely executed set of Forms I-95 for each alien crewman on board, except (1) an alien immigrant crewman in possession of a valid immigrant visa, reentry permit, or alien registration receipt card on Form I-151; (2) a Canadian or British citizen crewman serving on a vessel plying solely between Canada and the United States; or (3) a crewman seeking conditional landing privileges under section 252(a)(1) of the act who is in possession of an unmutilated alien crewman landing permit and identification card (Form I-184) or an unmultilated conditional landing permit (Form I-95) with space for additional endorsements previously issued to him as a member of the crew of the same vessel or an aircraft of the same line on his last prior arrival in the United States, following which he departed from the United States as a member of the crew of the same vessel or an aircraft of the same line.

[23 F.R. 9124, Nov. 26, 1958, as amended at 24 F.R. 6477, Aug. 12, 1959; 28 F.R. 13741, Dec. 17, 1963]

§ 251.2 Notification of illegal landings.

As soon as discovered, the master or agent of any vessel from which an alien crewman has illegally landed or deserted in the United States shall inform the immigration officer in charge of the port where the illegal landing or desertion occurred, in writing, of the name, nationality, passport number and, if known, the personal description, circumstances and time of such illegal landing or desertion of such alien crewman, and furnish any other information and documents which might aid in his apprehension, including any passport surrendered pursuant to § 252.1(d) of this chapter. Failure to file notice of illegal landing or desertion and to furnish any surrendered passport within 24 hours of the time of such landing or desertion becomes known shall be regarded as lack of compliance with section 251(d) of the Act. [28 F.R. 209, Jan. 9, 1963]

§ 251.3

Notification of changes in crew.

(a) Added crewmen. The master or agent of every vessel departing from the United States shall submit to the immigration officer at the port from which such vessel is to depart directly to a foreign port or place a list on Form I-418 of the alien crewmen on board, other than lawfully admitted permanent residents of the United States, who were not members of the crew and manifested as such on the occasion of the vessel's arrival in the United States. Such list of names shall be headed by the legend "Added Crewmen-Arrival Crewlist filed at ----- ," and there shall be attached to such list the nonimmigrant form given to the alien on the occasion of his last arrival in the United States, if such form is available; otherwise, a newly executed Form I-95 shall be prepared by the master or agent for attachment to the list.

(b) Separated crewmen. The master or agent of every vessel departing from the United States shall submit to the immigration officer at the port from which such vessel is to depart directly to a foreign port or place a list on Form I-418 of the alien crewman, other than alien permanent residents of the United States, who were members of the crew and manifested as such on the occasion of the vessel's arrival in the United States who are not departing with the vessel. Such list of names shall be headed by the legend "Separated Crew

men-Arrival Crewlist filed at____ and shall contain, in addition, the nationality, passport number, and port of separation of each such crewman as well as the reason for separation. The lists required by paragraph (a) of this section and this paragraph may be incorporated in a single Form I-418, if space permits; the required lists need not be submitted for Canadian or British citizen crewmen of Great Lakes vessels.

(c) No changes in crew. When there are no added and separated crewmen as described in this section, the master or agent of every vessel departing from the United States shall submit to the immigration officer at the port from which such vessel is to depart directly to a foreign port or place an executed Form I-418 bearing the notation “Arrival crewlist filed at No changes in nonresident alien crew upon departure."

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[22 F.R. 9803, Dec. 6, 1957, as amended at 23 F.R. 9124, Nov. 26, 1958]

§ 251.4 Notification of changes in employment (aircraft).

The agent of the air transportation line shall immediately notify in writing the nearest immigration office of the termination of employment in the United States of each alien crewman employee of the line, furnishing the name, birthdate, birthplace, nationality, passport number and other available information concerning such alien crewman. [22 F.R. 9803, Dec. 6, 1957]

§ 252.1

Examination of crewmen.

(a) Detention prior to examination. All persons employed in any capacity on board any vessel or aircraft arriving in the United States shall be detained on board the vessel or at the airport of arrival by the master or agent of such vessel or aircraft until admitted or otherwise permitted to land by an officer of the Service.

(b) Classes of aliens subject to examination under this part. The examination of every alien crewman arriving in the United States shall be in accordance with this part and not otherwise except that the following classes of persons employed on vessels or aircraft shall be examined in accordance with the provisions of Parts 235, 236, and 237 of this chapter: (1) Aliens in possession of an immigrant visa, reentry permit, or a Form I-151 alien registration receipt card, applying for admission as immigrants; (2) Canadian or British citizen crewmen serving on vessels plying solely between Canada and the United States; or (3) Canadian or British citizen crewmen of aircraft arriving in a State of the United States directly from Canada on flights originating in that country. The crew of a vessel arriving at a United States port which may not require inspection by or clearance from the Bureau of Customs is, nevertheless, subject to examination under this part; however, the master of such a vessel, is not required to present Form I-95 for any crewman who is not an applicant for a conditional landing permit.

(c) Requirements for admission. Every alien crewman applying for landing privileges in the United States must make his application in person before an

immigration officer, present whatever documents are required, and establish to the satisfaction of the immigration officer that he is not subject to exclusion under any provision of the law and is entitled clearly and beyond doubt to landing privileges in the United States.

(d) Authorization to land. The immigration officer in his discretion may grant an alien crewman authorization to land temporarily in the United States for (1) shore leave purposes during the period of time the vessel or aircraft is in the port of arrival or other ports in the United States to which it proceeds directly without touching at a foreign port or place, not exceeding 29 days in the aggregate, if the immigration officer is satisfied that the crewman intends to depart on the vessel on which he arrived or on another aircraft of the same transportation line, and the crewman's passport is surrendered for safe keeping to the master of the arriving vessel, or (2) the purpose of departing from the United States as a crewman on a vessel other than the one on which he arrived, or departing as a passenger by means of other transportation, within a period of 29 days, if the immigration officer is satisfied that the crewman intends to depart in that manner, that definite arrangements for such departure have been made, and the immigration officer has consented to the pay off or discharge of the crewman from the vessel on which he arrived. A crewman granted a conditional permit to land under section 252(a)(1) of the Act and clause (1) of this paragraph is required to depart with his vessel from its port of arrival and from each other port in the United States to which it thereafter proceeds coastwise without touching at a foreign port or place; however, he may rejoin his vessel at another port in the United States before it touches at a foreign port or place if he has advance written permission from the master or agent to do so.

(e) Conditional permits to land. Unless the crewman is in possession of Form I-184 and is landed under paragraph (d) (1) of this section, the immigration officer shall give to each alien nonimmigrant crewman permitted to land a copy of the Form I-95 presented by the crewman, endorsed to show the date and place of admission and the type of conditional landing permit.

(f) Change of status. An alien nonimmigrant crewman landed pursuant to the provisions of this part shall be ineligible for any extension of stay or for a change of nonimmigrant classification under Part 248 of this chapter. A crewman admitted under paragraph (d) (1) of this section may, if still maintaining status, apply for a conditional landing permit under paragraph (d) (2) of this section. The application shall not be approved unless the master or agent of the vessel on which the crewman arrived consents in writing to his discharge and evidence is presented by the agent or the master of the vessel to which he will transfer that a specific position on that vessel has been authorized for him or that arrangements have been completed for his repatriation. If the application is approved, the crewman shall be given a copy of a new Form I-95 endorsed to show landing authorized under paragraph (d) (2) of this section for the period necessary to accomplish his scheduled reshipment, which shall not exceed 29 days from the date of his landing, upon surrendering any conditional landing permit previously issued to him on Form I-95.

[23 F.R. 2788, Apr. 26, 1958, as amended at 27 F.R. 11875, Dec. 1, 1962; 29 F.R. 13243, Sept. 24, 1964; 29 F.R. 14432, Oct. 21, 1964]

§ 252.2

Revocation of conditional landing permits; deportation.

An alien permitted to land conditionally under § 252.1(d) (1) may, within the period of time for which he was permitted to land, be taken into custody by any immigration officer without a warrant of arrest and be transferred to the vessel upon which he arrived in the United States, if such vessel is in any port of the United States and has not been in a foreign port or place since the crewman was issued his conditional landing permit, upon a determination by the immigration officer that the alien crewman is not a bona fide crewman or that he does not intend to depart on the vessel on which he arrived in the United States. The conditional landing permit of such an alien crewman shall be taken up and revoked by the immigration officer, and a notice on Form I-259 to detain and deport such alien crewman shall be served on the agent for the vessel, and if they are available, on the owner and the

master or commanding officer of the vessel. Form I-99 shall be served on the crewman when he is taken into custody or as soon as practicable thereafter. On the written request of the master of the vessel, the crewman may be detained and deported, both at the expense of the transportation line on whose vessel he arrived in the United States, other than on the vessel on which he arrived in the United States, if detention or deportation on such latter vessel is impractical. [29 F.R. 15253, Nov. 13, 1964]

§ 252.3 Great Lakes vessels; special procedures.

An immigration examination shall not be required of any crewman aboard a Great Lakes vessel arriving at a port of the United States for a period of less than twenty-four hours, who (a) has previously been examined by an immigration officer as a member of the crew of the same vessel and (b) is either a British or Canadian citizen or is in possession of a Form I-95 previously issued to him as a member of the crew of the same vessel during the same calendar year, and (c) does not request or require landing privileges in the United States during the time the vessel will be in ports of the United States before returning to Canada.

[23 F.R. 2788, Apr. 26, 1958]

§ 252.4 Permanent landing permit and identification card.

(a) Eligibility. An alien crewman who seeks to land temporarily in the United States as provided in § 252.1(d) (1) shall apply on Form I-174 to the immigration officer for a permanent type landing permit and identification card which will be valid indefinitely for an unlimited number of conditional landings without endorsement on each arrival. The applicant shall be photographed and fingerprinted. Upon establishing his status to the satisfaction of an immigration officer, a laminated Form I-184 landing permit and identification card may be issued to the applicant. An application for a Form I-184 shall not be required or accepted from a Canadian or British citizen crewman serving on a vessel plying solely between Canada and the United States, a crewman serving on a vessel which does not ordinarily call