INA §245(c)(1) • Crewmen • D & C-1 Entries

Crewman Adjustment of Status Under INA §245(c)(1)

INA §245(c)(1) generally bars an “alien crewman” from adjustment under INA §245(a). The rule can apply not only to someone admitted in D-1 or D-2 crewman status, but also to a person admitted in C-1 transit status when the actual purpose of entry was to join a vessel or aircraft as a crewman. The classification printed on the visa or I-94 is important, but it is not always dispositive. The applicant's actual role, destination, purpose of entry, and immigration records must be examined.

Key Rule

The immediate-relative exception does not apply to INA §245(c)(1).

Unlike several other §245(c) bars, the crewman bar is not removed merely because the applicant is the spouse, parent, or child of a U.S. citizen. The statute separately exempts approved VAWA self-petitioners from subsection (c), and INA §245(i) can permit qualifying grandfathered applicants to adjust notwithstanding the ordinary §245(c) bars.

Can a crewman adjust status after marrying a U.S. citizen?

Not ordinarily under INA §245(a) merely because of the marriage. INA §245(c)(1) bars an alien crewman, and the immediate-relative exception that applies to several other adjustment bars does not extend to §245(c)(1). A qualifying applicant may need INA §245(i), VAWA, or another independent statutory adjustment pathway.

Three Questions

Was the person actually a crewman for immigration purposes?

What Was the Role?

Was the applicant serving in any capacity aboard a vessel or aircraft, or entering to join a vessel or aircraft for service?

Why Was the Person Entering?

A C-1 transit admission can still trigger crewman treatment if the person entered in transit specifically to join a vessel or aircraft.

Which Adjustment Statute Applies?

Even where §245(a) is unavailable, §245(i), VAWA, the Cuban Adjustment Act, or another specialized adjustment statute may require a different analysis.

Matter of Tzimas

A C-1 visa does not necessarily avoid the crewman bar.

In Matter of Tzimas, 10 I&N Dec. 101 (BIA 1962), the Board treated a noncitizen admitted in C-1 transit status for the purpose of joining a vessel as a crewman for adjustment purposes.

The legal inquiry therefore looks beyond the face of the admission document when the surrounding evidence shows that the applicant entered in connection with maritime or aviation crew service.

By contrast, a person admitted in C-1 solely for ordinary immediate and continuous transit through the United States is not automatically a crewman.

INA §245(c)(1)

INA §245(c)(1) provides that ordinary adjustment under §245(a) does not apply to an alien crewman, subject to the statute's overarching exception for an approved VAWA self-petitioner.

Important

The crewman bar is category-specific and is not one of the §245(c) provisions containing the ordinary immediate-relative exception.

This means that a qualifying marriage to a U.S. citizen does not, standing alone, overcome §245(c)(1).

Who is an alien crewman?

INA §101(a)(10) defines “crewman” broadly as a person serving in any capacity on board a vessel or aircraft.

For adjustment purposes, the analysis can also encompass a person who entered the United States in order to join a vessel or aircraft for service as a crewman.

Common examples include:

Ship crew;
Cruise-line employees serving aboard the vessel;
Merchant seamen;
Aircraft crew;
Persons admitted to join a vessel in a U.S. port; and
Persons using C-1 transit classification specifically to reach crew employment.

Job title alone does not control. The relevant question is whether the applicant was serving, or entering to serve, aboard a vessel or aircraft in a crewman capacity.

D-1 and D-2 crewman classifications

INA §101(a)(15)(D) contains the principal crewman nonimmigrant classification.

Crewmen are commonly admitted or temporarily landed in connection with:

A vessel's arrival in the United States;
An aircraft engaged in international transportation;
Departure on the same vessel or aircraft;
Transfer to another vessel or aircraft; or
Other permitted crewman activity.

A clear D-1 or D-2 history ordinarily presents a straightforward §245(c)(1) issue if the applicant later seeks ordinary adjustment under INA §245(a).

C-1 admission for the purpose of joining a crew

Some crewmen historically entered in C-1 transit classification because they were traveling through the United States to join a vessel or aircraft.

The Board's decision in Matter of Tzimas establishes that the crewman adjustment bar cannot always be avoided merely because the I-94 says C-1 rather than D.

Entry	Potential Adjustment Treatment
D-1 or D-2 crewman	Generally subject to INA §245(c)(1).
C-1 admitted specifically to join a vessel or aircraft crew	Can be treated as a crewman for adjustment purposes.
C-1 ordinary transit passenger	Not automatically a crewman; separate transit-bar analysis may apply.
B-1 visitor with no crew purpose	Not a crewman merely because the person previously worked at sea or in aviation.

The purpose of entry matters. An applicant with a C-1 record should obtain the complete admission documentation before assuming either the crewman bar or the transit-without-visa bar applies.

Ordinary C-1 transit is different

C-1 is also used for nonimmigrants in immediate and continuous transit through the United States who are not entering to join a crew.

USCIS and AAO decisions distinguish ordinary C-1 transit from C-1 entry used in connection with crew service.

Do not automatically classify every C-1 entrant as a crewman. The government record should show whether the applicant was merely transiting or was destined to join a vessel or aircraft.

This distinction can determine whether §245(c)(1), another adjustment bar, or no crewman bar applies.

Evidence used to determine crewman status

A complete analysis may require:

Current and expired passports;
C-1/D, D-1, D-2, or other visas;
Forms I-94;
Seaman's books;
Crew manifests;
Shipping-company records;
Airline crew records;
Employment contracts;
Letters identifying the vessel or aircraft;
Transportation records showing travel to the vessel;
CBP statements;
Prior immigration applications;
Form I-213 or other enforcement records; and
Declarations explaining the purpose of entry.

Best Practice

Determine what the applicant was coming to the United States to do at the time of the relevant entry, not merely what visa symbol appears in the passport.

Marriage to a U.S. citizen does not remove the crewman bar

Immediate relatives receive important exemptions from INA §245(c)(2), §245(c)(4), and related status or employment restrictions.

The crewman bar is different.

INA §245(c)(1) does not contain the ordinary immediate-relative exception.

A crewman should not file an ordinary marriage-based I-485 solely on the theory that immediate relatives may adjust after an overstay. The overstay exemption and the crewman bar are different statutory rules.

The case should instead be reviewed for §245(i), VAWA, consular processing, or another independent route.

INA §245(i) can overcome the crewman adjustment bar

INA §245(i) applies notwithstanding subsections (a) and (c) to qualifying grandfathered applicants.

The statute therefore can permit a qualifying crewman to adjust notwithstanding INA §245(c)(1).

The applicant must independently establish:

A qualifying petition or labor certification filed on or before April 30, 2001;
Approvable-when-filed grandfathering;
Required December 21, 2000 physical presence where applicable;
Current immigrant visa eligibility;
Visa availability;
Admissibility; and
Payment of the required additional sum where applicable.

The old grandfathering petition does not necessarily have to be the basis of the current green card. Once properly grandfathered, a person can potentially use §245(i) with a later qualifying immigrant basis.

See INA §245(i) Adjustment.

VAWA self-petitioners

INA §245(c) begins with an express exception for a person who has an approved petition for classification as a VAWA self-petitioner.

A qualifying approved VAWA self-petitioner therefore receives treatment materially different from an ordinary family-based applicant subject to the crewman bar.

VAWA is a statutory exception to subsection (c), not simply an exercise of discretion. The applicant must still satisfy the VAWA adjustment framework and other applicable requirements.

Cuban Adjustment Act cases

The Cuban Adjustment Act provides an independent adjustment authority rather than adjustment solely under INA §245(a).

USCIS has long recognized that the ordinary INA §245(c) bars do not apply to CAA adjustment in the same way.

Accordingly, a Cuban applicant with a crewman history should be analyzed under the requirements of the Cuban Adjustment Act rather than automatically deemed ineligible because of §245(c)(1).

CAA eligibility is a separate statutory inquiry. Nationality, admission or parole requirements, physical presence, admissibility, and discretion still matter.

Other special adjustment statutes

Some humanitarian and specialized adjustment provisions operate independently from ordinary §245(a) or contain their own treatment of adjustment bars.

Depending on the facts, potential pathways may include:

VAWA adjustment;
T nonimmigrant adjustment;
U nonimmigrant adjustment;
Special immigrant juvenile adjustment;
Cuban Adjustment Act;
Refugee or asylee adjustment;
NACARA or HRIFA where applicable; and
Other congressionally created adjustment provisions.

See Special Adjustment Categories.

Crewmen and removal proceedings

Crewman immigration histories can involve specialized entry, landing, detention, and removal procedures.

Before filing any adjustment application, determine:

Whether the applicant has a prior deportation or removal order;
Whether a departure order or crewman-removal process occurred;
Whether immigration proceedings are pending;
Whether USCIS or EOIR has jurisdiction over the requested adjustment;
Whether any prior order has been reinstated; and
Whether another statutory ground of inadmissibility applies.

The crewman bar may not be the only problem. Long-resident crewmen can also have prior-order, unlawful-presence, fraud, unauthorized-employment, or unlawful-reentry issues.

Crewman status and inadmissibility are separate

INA §245(c)(1) is an adjustment eligibility restriction rather than a ground of inadmissibility under INA §212.

A crewman may also have separate inadmissibility issues involving:

Fraud or willful misrepresentation;
False claim to U.S. citizenship;
Criminal grounds;
Prior removal;
Unlawful presence;
INA §212(a)(9)(C);
Alien smuggling; or
Other INA §212 grounds.

Separate the Issues

Overcoming §245(c)(1) through §245(i) or another statute does not automatically waive inadmissibility.

Responding to a crewman RFE or NOID

When USCIS alleges crewman status, the response should identify the exact factual and legal basis for the government's position.

A structured response may address:

The visa and I-94 classification;
The applicant's actual purpose of entry;
Whether the person was serving on or destined to join a vessel or aircraft;
Employment and transportation records;
Any erroneous government notation;
Matter of Tzimas and other relevant authority;
Any INA §245(i) grandfathering;
VAWA or specialized adjustment eligibility; and
Any alternative statutory adjustment basis.

A C-1 notation can require factual development rather than concession. The critical question may be whether the applicant was an ordinary transit passenger or a crewman entering to join a vessel or aircraft.

Crewman cases and adjustment discretion

Where an independent statute permits adjustment notwithstanding the ordinary crewman bar, the applicant must still satisfy any discretionary standard governing that form of adjustment.

Potential favorable and adverse factors may include:

Family ties;
Length of residence;
Employment history;
Humanitarian circumstances;
Immigration compliance;
Prior removal history;
Criminal record;
Representations made during entry or visa processing; and
Other relevant circumstances.

Legal Structure

Discretion cannot substitute for statutory eligibility. First determine whether §245(c)(1) applies and whether a statutory exception or separate adjustment authority overcomes it.

Frequently asked questions

I entered with a D visa. Can I adjust through my U.S. citizen spouse?

Ordinarily INA §245(c)(1) bars crewman adjustment under §245(a). Marriage to a U.S. citizen does not itself create the immediate-relative exception available under some other §245(c) provisions.

My visa says C-1, not D. Does that mean I am not a crewman?

Not necessarily. If the C-1 entry was for the purpose of joining a vessel or aircraft as crew, the crewman bar can still apply under Matter of Tzimas.

I was only passing through the United States in C-1 status. Am I a crewman?

Not merely because you were admitted in C-1. Ordinary transit must be distinguished from C-1 entry specifically connected to crew service.

Can INA §245(i) help a crewman?

Potentially yes. INA §245(i) expressly operates notwithstanding subsection (c), including the crewman bar, for qualifying grandfathered applicants.

Does VAWA overcome the crewman bar?

INA §245(c) expressly excludes an approved VAWA self-petitioner from the subsection's ordinary bars, subject to the requirements of VAWA adjustment.

Does §245(k) forgive crewman status?

No. INA §245(k) expressly overrides §245(c)(2), §245(c)(7), and §245(c)(8), not §245(c)(1).

Primary Authorities

Crewman adjustment authorities

Statute

INA §245(c)(1) / 8 U.S.C. §1255(c)(1) — Alien Crewman Bar

Definition

INA §101(a)(10) and §101(a)(15)(D) — Crewman Definition and Classification

Regulation

8 C.F.R. §245.1 — Restricted Aliens and Adjustment Bars

BIA Precedent

Matter of Tzimas, 10 I&N Dec. 101 (BIA 1962)

Exception

INA §245(i) Adjustment for Grandfathered Applicants

Legal content reviewed August 29, 2026. INA §245(c)(1) remains a distinct crewman adjustment bar. A C-1 classification should be examined carefully because a person admitted in transit specifically to join a vessel or aircraft may still be treated as a crewman for adjustment purposes.

Did you enter the United States as a crewman or to join a vessel?

The Messersmith Law Firm, P.A. handles complex adjustment matters involving INA §245(c)(1), C-1/D entries, crewman classifications, INA §245(i), VAWA, inadmissibility, RFEs, NOIDs, and I-485 denials.

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