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.

(g) Refusal of conditional landing permit. When an alien crewman is refused a conditional landing permit for any reason, the Form I-95 presented by him at time of examination shall be endorsed "Permission to land temporarily at all U.S. ports is refused" and the Form I-95 shall be given to the master or agent of the vessel or aircraft and, in the case of vessels, the alien crewman's name shall be listed on the Form I-410 delivered to the master of the vessel upon completion of the examination of the crew. If an alien crewman who has been refused a conditional landing permit is in possession of Form I-184, the Form I-184 shall be lifted by the examining immigration officer and, except in the case of an alien crewman who is refused a conditional landing permit solely because he is not in possession of a valid passport or visa, the Form I-184 shall be voided. In the case of an alien crewman refused a conditional landing permit because he is not in possession of a valid passport or visa, the Form I-184 shall be delivered to the master or agent of the vessel with instructions to return it to the alien crewman after the vessel has departed from the United States.

(h) Authorization to pay off or discharge an alien crewman. Application to pay off or discharge an alien crewman, except an alien lawfully admitted for permanent residence, shall be made by the owner, agent, consignee, charterer, master, or commanding officer of the vessel or aircraft on which the alien crewman arrived on Form I-408 filed with the immigration officer having jurisdiction over the area in which the vessel or aircraft is located at the time of application. The applicant shall be notified of the decision, and, if the application is denied, of the reasons therefor. There shall be no appeal from the denial of an application on Form I-408. [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; 32 F.R. 9633, July 4, 1967; 33 F.R. 9332, June 26, 1968; 33 F.R. 17137, Nov. 19, 1968]

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 condition 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.

(a) U.S. vessels. An immigration examination shall not be required of any crewman aboard a Great Lakes vessel of U.S. registry arriving at a port of the United States who has been examined and admitted by an immigration officer as a member of the crew of the same vessel or of any other vessel of the same company during the current calendar year.

An

(b) Canadian or British vessels. immigration examination shall not be required of any crewman aboard a Great Lakes vessel of Canadian or British registry arriving at a port of the United States for a period of less than 29 days who has been examined and admitted by an immigration officer as a member of the crew of the same vessel or of any other vessel of the same company during the current calendar year and is either a British or Canadian citizen, or is in possession of a valid Form I-95 previously

issued to him as a member of the crew of the same vessel or of any other vessel of the same company, and does not request or require landing privileges in the United States beyond the time the vessel will be in port and will depart with the vessel to Canada.

[31 F.R. 15322, Dec. 7, 1966]

§ 252.4 Permanent landing permit and identification card.

(a) Eligibility. A nonimmigrant alien crewman who seeks to land temporarily in the United States as provided in § 252.1(d) (1) who is employed on a passenger vessel with a complement of 100 or more alien nonimmigrant crewmen which makes regular trips to the United States may 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 Form I-184 shall not be accepted from nor shall Form I-184 be issued to a crewman whose temporary admission has been authorized under section 212(d) (3) of the Act; a Canadian or British citizen crewman serving on a vessel plying solely between Canada and the United States; a crewman whose departure has been enforced for a willful violation of the immigration laws or a crewman who has been refused a Form I-184 or whose Form I184 has been voided, except that a Form I-184 may be issued to a crewman who, after deportation, has been granted permission to reapply for admission pursuant to section 212(a) (16) or (17) of the Act or in whose case, after Form I-184 was refused or voided, he has been found to be a bona fide crewman: Provided, That, the deportation, refusal, or voidance occurred more than 1 year prior to the reapplication. An application for a new card in lieu of one lost or destroyed shall be made on Form I-174, without fee, and the crewman need not be fingerprinted. An issued Form I-184 will be held at the processing port for delivery to the crewman on the next arrival of the vessel. Any undelivered Form I-184 will be

held on file in the processing office until the close of the calendar year next following the year of processing. At the expiration of that period, the card will be destroyed.

(b) Validity and revocation. A Form I-184 is valid until revoked. It shall be revoked when an immigration officer finds that the crewman is in the United States in willful violation of the terms and conditions of his admission, or that he is inadmissible to the United States. On revocation, the Form I-184 shall be surrendered to an immigration officer. No appeal shall lie from a denial of an application for, or the revocation of, Form I-184.

[32 F.R. 13867, Oct. 5, 1967]

§ 252.5 Special procedures for deserters from Spanish or Greek ships of war. (a) General. Under E.O. 11267 of January 19, 1966 (31 F.R. 807), and 28 CFR 0.109, and E.O. 11300 of August 17, 1966 (31 F.R. 11009), and 28 CFR 0.110, the Commissioner and immigration officers (as defined in § 103.1 (i) of this chapter) are designated as "competent national authorities" on the part of the United States within the meaning of Article XXIV of the 1903 Treaty of Friendship and General Relations between the United States and Spain (33 Stat. 2105, 2117), and "local authorities" and "competent officers" on the part of the United States within the meaning of Article XIII of the Convention between the United States and Greece (33 Stat. 2122, 2131).

On

(b) Application for restoration. application of a Consul General, Consul, Vice-Consul, or Consular-Agent of the Spanish or Greek Government, made in writing pursuant to Article XXIV of the treaty, or Article XIII of the Convention, respectively, stipulating for the restoration of crewmen deserting, stating that the person named therein has deserted from a ship of war of that government, while in any port of the United States, and on proof by the exhibition of the register, crew list, or official documents. of the vessel, or a copy or extract therefrom, duly certified, that the person named belonged, at the time of desertion, to the crew of such vessel, such person shall be taken into custody by any immigration officer without a warrant of arrest. Written notification of charges. shall be served on the individual when

he is taken into custody or as soon as practical thereafter.

(c) Examination. Within a reasonable period of time after the arrest, the individual shall be accorded an examination by the district director, acting district director, or the deputy district director having jurisdiction over the place of arrest. He shall be informed that he may have the assistance of or be represented by a counsel or representative of his choice qualified under Part 292 of this chapter without expense to the Government, and that he may present such evidence in his behalf as may be relevant to this proceeding. If, upon the completion of such examination, it is determined that: (1) The individual sought by the Spanish or Greek authorities had deserted from a Spanish or Greek ship of war in a United States port; (2) the individual actually arrested and detained is the person sought; (3) this individual is not a citizen of the United States; and (4) this individual had not previously been arrested for the same cause and set at liberty because he had been detained for more than 3 months, or more than 2 months in the case of a deserter from a Greek ship of war, from the day of his arrest without the Spanish or Greek authorities having found an opportunity to send him home, the individual shall be served with a copy of the findings, from which no appeal shall lie, and be surrendered forthwith to the Spanish or Greek authorities if they are prepared to remove him from the United States. On written request of the Spanish or Greek authorities, the individual shall be detained, at their expense, for a period not exceeding 3 months or 2 months, respectively, from the day of arrest to afford opportunity to arrange for his departure from the United States.

(d) Timely departure not effected. If the Spanish authorities delay in sending the individual home for more than 3 months, or if the Greek authorities delay in sending the individual home for more than 2 months, from the day of his arrest, the individual shall be dealt with as any other alien unlawfully in the United States under the deportation provisions of the Immigration and Nationality Act, as amended.

(e) Commission of crime. If the individual has committed any crime or offense in the United States, he shall not be placed at the disposal of the consul

(a) General. When a crewman is paroled into the United States pursuant to the provisions of this part under the provisions of section 212(d) (5) of the Act, he shall be given Form I-94, reflecting the terms of parole. A notice on Form I-259 shall be served upon the agent, and, if available, upon the owner and master or commanding officer of the vessel or aircraft, which shall specify the purpose of the parole and the conditions under which the alien crewman is paroled into the United States. The Form I-259 shall also specify the Service office to which the alien crewman is to be presented for inspection upon termination of the parole. The guarantee of payment for medical and other related expenses required by section 253 of the Act shall be executed by the owner, agent, consignee, commanding officer or master on Form I-510.

(b) Aflicted crewman. Any alien crewman afflicted with feeblemindedness, insanity, epilepsy, tuberculosis in any form, leprosy, or any dangerous contagious disease, or an alien crewman suspected of being so afflicted shall upon arrival at the first port of call in the United States, be paroled to the medical institution designated by the district director in whose district the port is located, in the custody (other than during the period of time he is in such medical institution) of the agent of the vessel or aircraft on which such alien arrived in the United States and at the expense of the transportation line for a period initially not to exceed thirty days, for treatment and observation, under the provisions of section 212(d) (5) of the act. Unless the Public Health Surgeon at the first port certifies that such parole be effected immediately for emergent

issued to him as a member of the crew of the same vessel or of any other vessel of the same company, and does not request or require landing privileges in the United States beyond the time the vessel will be in port and will depart with the vessel to Canada.

[31 F.R. 15322, Dec. 7, 1966]

§ 252.4 Permanent landing permit and identification card.

(a) Eligibility. A nonimmigrant alien crewman who seeks to land temporarily in the United States as provided in § 252.1(d) (1) who is employed on a passenger vessel with a complement of 100 or more alien nonimmigrant crewmen which makes regular trips to the United States may 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 Form I-184 shall not be accepted from nor shall Form I-184 be issued to a crewman whose temporary admission has been authorized under section 212(d) (3) of the Act; a Canadian or British citizen crewman serving on a vessel plying solely between Canada and the United States; a crewman whose departure has been enforced for a willful violation of the immigration laws or a crewman who has been refused a Form I-184 or whose Form I184 has been voided, except that a Form I-184 may be issued to a crewman who, after deportation, has been granted permission to reapply for admission pursuant to section 212(a) (16) or (17) of the Act or in whose case, after Form I-184 was refused or voided, he has been found to be a bona fide crewman: Provided, That, the deportation, refusal, or voidance occurred more than 1 year prior to the reapplication. An application for a new card in lieu of one lost or destroyed shall be made on Form I-174, without fee, and the crewman need not be fingerprinted. An issued Form I-184 will be held at the processing port for delivery to the crewman on the next arrival of the vessel. Any undelivered Form I-184 will be

held on file in the processing office until the close of the calendar year next following the year of processing. At the expiration of that period, the card will be destroyed.

(b) Validity and revocation. A Form I-184 is valid until revoked. It shall be revoked when an immigration officer finds that the crewman is in the United States in willful violation of the terms and conditions of his admission, or that he is inadmissible to the United States. On revocation, the Form I-184 shall be surrendered to an immigration officer. No appeal shall lie from a denial of an application for, or the revocation of, Form I-184.

[32 F.R. 13867, Oct. 5, 1967]

§ 252.5 Special procedures for deserters from Spanish or Greek ships of war. (a) General. Under E.O. 11267 of January 19, 1966 (31 F.R. 807), and 28 CFR 0.109, and E.O. 11300 of August 17, 1966 (31 F.R. 11009), and 28 CFR 0.110, the Commissioner and immigration officers (as defined in § 103.1 (i) of this chapter) are designated as "competent national authorities" on the part of the United States within the meaning of Article XXIV of the 1903 Treaty of Friendship and General Relations between the United States and Spain (33 Stat. 2105, 2117), and “local authorities" and "competent officers" on the part of the United States within the meaning of Article XIII of the Convention between the United States and Greece (33 Stat. 2122, 2131).

On

(b) Application for restoration. application of a Consul General, Consul, Vice-Consul, or Consular-Agent of the Spanish or Greek Government, made in writing pursuant to Article XXIV of the treaty, or Article XIII of the Convention, respectively, stipulating for the restoration of crewmen deserting, stating that the person named therein has deserted from a ship of war of that government, while in any port of the United States, and on proof by the exhibition of the register, crew list, or official documents. of the vessel, or a copy or extract therefrom, duly certified, that the person named belonged, at the time of desertion, to the crew of such vessel, such person shall be taken into custody by any immigration officer without a warrant of arrest. Written notification of charges. shall be served on the individual when

he is taken into custody or as soon as practical thereafter.

(c) Examination. Within a reasonable period of time after the arrest, the individual shall be accorded an examination by the district director, acting district director, or the deputy district director having jurisdiction over the place of arrest. He shall be informed that he may have the assistance of or be represented by a counsel or representative of his choice qualified under Part 292 of this chapter without expense to the Government, and that he may present such evidence in his behalf as may be relevant to this proceeding. If, upon the completion of such examination, it is determined that: (1) The individual sought by the Spanish or Greek authorities had deserted from a Spanish or Greek ship of war in a United States port; (2) the individual actually arrested and detained is the person sought; (3) this individual is not a citizen of the United States; and (4) this individual had not previously been arrested for the same cause and set at liberty because he had been detained for more than 3 months, or more than 2 months in the case of a deserter from a Greek ship of war, from the day of his arrest without the Spanish or Greek authorities having found an opportunity to send him home, the individual shall be served with a copy of the findings, from which no appeal shall lie, and be surrendered forthwith to the Spanish or Greek authorities if they are prepared to remove him from the United States. On written request of the Spanish or Greek authorities, the individual shall be detained, at their expense, for a period not exceeding 3 months or 2 months, respectively, from the day of arrest to afford opportunity to arrange for his departure from the United States.

(d) Timely departure not effected. If the Spanish authorities delay in sending the individual home for more than 3 months, or if the Greek authorities delay in sending the individual home for more than 2 months, from the day of his arrest, the individual shall be dealt with as any other alien unlawfully in the United States under the deportation provisions of the Immigration and Nationality Act, as amended.

(e) Commission of crime. If the individual has committed any crime or offense in the United States, he shall not be placed at the disposal of the consul

(a) General. When a crewman is paroled into the United States pursuant to the provisions of this part under the provisions of section 212(d) (5) of the Act, he shall be given Form I-94, reflecting the terms of parole. A notice on Form I-259 shall be served upon the agent, and, if available, upon the owner and master or commanding officer of the vessel or aircraft, which shall specify the purpose of the parole and the conditions under which the alien crewman is paroled into the United States. The Form I-259 shall also specify the Service office to which the alien crewman is to be presented for inspection upon termination of the parole. The guarantee of payment for medical and other related expenses required by section 253 of the Act shall be executed by the owner, agent, consignee, commanding officer or master on Form I-510.

(b) Afflicted crewman. Any alien crewman afflicted with feeblemindedness, insanity, epilepsy, tuberculosis in any form, leprosy, or any dangerous contagious disease, or an alien crewman suspected of being so afflicted shall upon arrival at the first port of call in the United States, be paroled to the medical institution designated by the district director in whose district the port is located, in the custody (other than during the period of time he is in such medical institution) of the agent of the vessel or aircraft on which such alien arrived in the United States and at the expense of the transportation line for a period initially not to exceed thirty days, for treatment and observation, under the provisions of section 212(d) (5) of the act. Unless the Public Health Surgeon at the first port certifies that such parole be effected immediately for emergent