Immigration Law

C Visas For Foreign Nationals In Transit

By Robert Kraft

Foreign nationals passing in immediate and continuous transit through the U.S. may apply for the C-1 General Transit visa.  In order to satisfy the C-1 requirements, the foreign national must show the following:
 
1. He or she is in possession of a ticket or other assurance of transportation to a third country;

2. Has sufficient funds to complete the trip;

3. Has permission to enter the third country;
 
The period of authorized stay is fixed by the admitting officer but will not exceed 29 days.  Foreign nationals in transit cannot change their status to another nonimmigrant visa, are ineligible for extensions of stay, and cannot accept employment. Although the foreign national in transit is ineligible to change his or her status to another nonimmigrant visa, the foreign national is eligible to adjust his or her status and receive a permanent resident card in the United States. For example, if a foreign national in transit (C-1 visa holder) marries a U.S. citizen, the foreign national is eligible to file for adjustment of status for the permanent resident card.
 
Although C-1 visas are for foreign nationals in transit, there are times that crewmen enter on C-1 visas. Crewmen are individuals serving in good faith in any capacity required for normal operating and service on board a vessel. A foreign national in transit (C-1) entering to join a vessel is treated as a crewman. If a crewman enters on a C-1 visa to join a vessel, then the C-1 crewmember is ineligible to adjust his/her status.
 
For more information on C visas and adjustment of status please call 214-999-9999.
 

Full post as published by Immigration Law Answers Blog on July 24, 2008 (boomark / email).