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Adjustment of Status while here on a B1 but arrived as crew on a boat...
Hi there,
So, tricky set of circumstances apparently, so tricky that it took until my 4th visit to the lawyers office before I was informed of the potential issue. Anyway, here goes....
I arrived in the USA as crew on a yacht and was stamped in for 6 months on the B1 part of my B1B2 visa. I was hoping to apply for Adjustment of Status based on my US citizen wife and child but I am now told that there "MAY" be a problem with me working as crew on boats.
I have done some research and can see that if I arrived on a C1D crewman visa I would be automatically barred from applying for AoS. In fact, anyone who enters as crew on a boat is barred from applying for AoS. But I arrived on a B1, and aliens in the country on a B1 CAN apply for AoS.
Question is, what takes precedent, entering on a B1 or or entering as crewman?
To add another twist, I gave my job up so I could stay in the country long enough to apply for AoS so now, although I am a crewman by trade, I am currently unemployed. Does this make a difference?
If I AM barred from applying for AoS while here on a B1, could I apply if I entered on my B2 even though I was still a crewman by trade?
Otherwise, is consular processing my only option?
Thank you in advance for any thoughts and advice.
Poppysdad
So, tricky set of circumstances apparently, so tricky that it took until my 4th visit to the lawyers office before I was informed of the potential issue. Anyway, here goes....
I arrived in the USA as crew on a yacht and was stamped in for 6 months on the B1 part of my B1B2 visa. I was hoping to apply for Adjustment of Status based on my US citizen wife and child but I am now told that there "MAY" be a problem with me working as crew on boats.
I have done some research and can see that if I arrived on a C1D crewman visa I would be automatically barred from applying for AoS. In fact, anyone who enters as crew on a boat is barred from applying for AoS. But I arrived on a B1, and aliens in the country on a B1 CAN apply for AoS.
Question is, what takes precedent, entering on a B1 or or entering as crewman?
To add another twist, I gave my job up so I could stay in the country long enough to apply for AoS so now, although I am a crewman by trade, I am currently unemployed. Does this make a difference?
If I AM barred from applying for AoS while here on a B1, could I apply if I entered on my B2 even though I was still a crewman by trade?
Otherwise, is consular processing my only option?
Thank you in advance for any thoughts and advice.
Poppysdad
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