8 Cfr 252.1

Department of Homeland Security

§ 252.1

commanding officer, or authorized
agent, owner, or consignee, of a commercial vessel or commercial aircraft
arriving in or departing from the
United States must submit arrival and
departure manifests in a paper format
in accordance with §§ 251.1, 251.3, and
251.4.
[70 FR 17849, Apr. 7, 2005]

§ 251.6 Exemptions for private vessels
and aircraft.
The provisions of this part relating
to the presentation of arrival and departure manifests do not apply to a private vessel or private aircraft not engaged directly or indirectly in the carrying of persons or cargo for hire.
[70 FR 17849, Apr. 7, 2005]

PART 252—LANDING OF ALIEN
CREWMEN
Sec.
252.1 Examination of crewmen.
252.2 Revocation of conditional landing permits; removal.
252.3 Great Lakes vessels and tugboats arriving in the United States from Canada;
special procedures.
252.4 Permanent landing permit and identification card.
252.5 Special procedures for deserters from
Spanish or Greek ships of war.

pmangrum on DSK3VPTVN1PROD with CFR

AUTHORITY: 8 U.S.C. 1103, 1184, 1185 (pursuant to E.O. 13323 published on January 2,
2004) , 1258, 1281, 1282; 8 CFR part 2.

§ 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 nonimmigrant alien crewman arriving in the United States shall be in
accordance with this part except that
the following classes of persons employed on vessels or aircraft shall be
examined in accordance with the provisions of 8 CFR parts 235 and 240:
(1) Canadian or British citizen crewmen serving on vessels plying solely

between Canada and the United States;
or
(2) 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 that may not require inspection by or clearance from
the United States Customs Service 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 landing permits.
Every alien crewman applying for landing privileges in the United States is
subject to the provisions of 8 CFR
235.1(d)(1)(ii) and (iii), and must make
his or her application in person before
a Customs and Border Protection
(CBP) officer, present whatever documents are required, establish to the
satisfaction of the inspecting officer
that he or she is not inadmissible
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

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§ 252.1

8 CFR Ch. I (1–1–12 Edition)

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 paragraph (d)(1) of this section 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 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 per-

mit 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 FR 2788, Apr. 26, 1958, as amended at 27
FR 11875, Dec. 1, 1962; 29 FR 13243, Sept. 24,
1964; 29 FR 14432, Oct. 21, 1964; 32 FR 9633,
July 4, 1967; 33 FR 9332, June 26, 1968; 33 FR
17137, Nov. 19, 1968; 58 FR 48779, Sept. 20, 1993;
62 FR 10388, Mar. 6, 1997; 69 FR 53333, Aug. 31,
2004]

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