§ 251.3 Departure manifests and lists for vessels.

(a) Form I-418, Crew List. 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 some foreign place or outlying possession of the United States, except when a manifest is not required pursuant to § 251.1(a), a single Form I-418, Crew List, completed in accordance with the instructions contained herein. Every item in the heading of the Form I-418 must be completed and the following endorsement shall be placed on the first line of the form: "Arrival Crew List, Form I-418, filed at (show United States port of entry)." Submission of a Form I-418 which lacks that endorsement or which lacks other essential information shall be regarded as lack of compliance with section 251(c) of the Act.

(b) Added crewmen. Under a heading "Added Crewmen," list the names of all nonresident alien crewmen who were not members of the crew and manifested on Form I-418 as such on the occasion of the vessel's last arrival in the United States and attach for each name on the list the Form I-95 or Form I-94 given to the alien crewman when he last arrived in the United States. If that form is unavailable, a new Form I-95 shall be prepared and attached to the Form I-418.

(c) Separated crewman. Under heading "Separated Crewmen," list the names of all alien crewmen, other than alien permanent residents of the United States, who were listed on the arrival Form I-418, as members of the crew on the occasion of the vessel's last arrival in the United States but who for any reason are not departing with the vessel, and for each such separated crewman show his nationality, passport number, specific port and date of separation, and the reasons for failure to depart. If an application to pay off or discharge an alien crewman has been granted subsequent to the vessel's arrival, the triplicate copy of the relating Form I-408 shall be attached to the Form I-418. The list required by paragraph (b) 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.

(d) No changes in crew. When there are no added and separated crewmen as

described in this section, the Form I-418 shall be endorsed with the notation "No changes in nonresident alien crew upon departure."

[30 F.R. 6777, May 19, 1965, as amended at 33 F.R. 17137, Nov. 19, 1968]

§ 251.4 Departure manifests and lists for aircraft.

(a) Bureau of Customs Form 7507 or International Civil Aviation Organization's General Declaration. The captain or agent of every aircraft departing from the United States for a foreign place or an outlying possession of the United States, except an aircraft departing from the United States directly to Canada on a flight terminating in that country, shall submit to the immigration officer at the port from which such aircraft is to depart on the Bureau of Customs Form 7507 or on the International Civil Aviation Organization's General Declaration a list of all alien crewmen on board, including alien crewmen who arrived in the United States as crewmen on an aircraft of the same line and who are departing as passengers. The surname, given name, and middle initial of each such alien crewman listed shall be shown. In addition, the captain or agent of the aircraft shall indicate in writing immediately below the name of the last alien listed on such form or declaration, the number of U.S. citizen crewmen on board, if any. If there are no alien crewmen aboard, the captain or agent shall indicate in writing on the form or declaration the number of U.S. citizen crewmen, followed by a statement that there are no alien

crewmen.

(b) Notification of changes in employment for 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 employee of the line furnishing the name, birthdate, birthplace, nationality, passport number, and other available information concerning such alien. The procedure to follow in obtaining permission to pay off or discharge an alien crewman in the United States after initial immigration inspection, other than an alien lawfully admitted for permanent residence, is set forth in § 252.1 (h) of this chapter.

[30 F.R. 6777, May 19, 1965, as amended at 33 F.R. 17137, Nov. 19, 1968; 34 F.R. 12561, Aug. 1, 1969]

§ 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,

58-050-76-10

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, be photographed and fingerprinted as the district director may require, 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 para

graph (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 an application on Form I-408, filed pursuant to paragraph (h) of this section, has been approved authorizing the master or agent of the vessel on which the crewman arrived to pay off or discharge the crewman and unless evidence is presented by the master or agent of the vessel to which the crewman will be transferred that a specified position on that vessel has been authorized for him or that satisfactory arrangements have been completed for the repatriation of the alien crewman. If the application is approved, the crewman shall be given 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.

(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 allen 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] § 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 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 FR 15253, Nov. 13, 1964]

§ 252.3 Great Lakes vessels; special pro

cedures.

(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.

(b) Canadian or British vessels. An 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 lami

nated 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 FR. 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 offcers (as defined in § 103.1(1) 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 until after the proper tribunal having jurisdiction in his case shall have pronounced sentence, and such sentence shall have been executed.

[31 F.R. 12774, Sept. 30, 1966]

Sec.

PART 253-PAROLE OF ALIEN CREWMEN

253.1 Parole.

253.2 Termination of parole.

AUTHORITY: The provisions of this Part 253 issued under secs. 103, 212, 252, 253, 255, 66 Stat. 173, 182, as amended, 220, 221, 222; 8 U.S.C. 1103, 1182, 1282, 1283, 1285. § 253.1 Parole.

(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 termina