How to transition from CD-1 to B-2 Visa after crewman signs off ship?

[DrSoszka 0]

Hello,

My wife and I both work on a cruise ship and we are due to end our contract in about 5 weeks. I'm an American and she is Peruvian. We would like to travel in the U.S. until our next contract. She has both CD-1 and B-2 visas. However due to annoying cruise ship company policies they will not let her sign off with her B-2 - which requires that she not work the last 36 hours of her contract - but god forbid the cruise ship company doesn't get every minute out of their workers...

We've gotten a lot of advice, but I'm not sure what is true. The most common theme of the advice is this: Sign off the ship - which means going through U.S. Customs & Immigration at the pier and then stay in a hotel for at least 24 hours and then travel through out the U.S.

My wife would need to go through customs in the nearby airport right? She'll need at I-94 form correct? Any suggestions?

Thanks,

Shawn

[Darnell 8,478]

CBP at the pier should have the I-94s as well.

She should be able to use those last 36 hours, then sign off the ship, then walk off to the pier, go through Customs n Border Patrol, get the I-94, and that's it.

Emphasis on 'should be'.

*** moving to Tourist Visa forum ***

Edited June 25, 2010 by Darnell

[DrSoszka 0]

CBP at the pier should have the I-94s as well.

She should be able to use those last 36 hours, then sign off the ship, then walk off to the pier, go through Customs n Border Patrol, get the I-94, and that's it.

Emphasis on 'should be'.

*** moving to Tourist Visa forum ***

Thanks for the reply, however the ship's personnel department files for the I-94 prior to sign off, with my wife's department head deciding no already this doesn't give us any options.

My question remains: should we go through customs at the airport and get the I-94 there (and are there any negative implications in doing so) or should we go higher up the food chain and turn this no into a yes?

Thanks,

Shawn

[payxibka 10,045]

Thanks for the reply, however the ship's personnel department files for the I-94 prior to sign off, with my wife's department head deciding no already this doesn't give us any options.

My question remains: should we go through customs at the airport and get the I-94 there (and are there any negative implications in doing so) or should we go higher up the food chain and turn this no into a yes?

Thanks,

Shawn

How would you ever get into the passport area at the airport? It is a secure area and they do not let anyone just walk in... Your idea won't work because she would have to leave the USA in order to get rid of her C/D entry status as it is one type of entry that is NOT adjustable to any other status from inside the USA. You could step out to Mexico and re-enter....

Edited June 26, 2010 by payxibka

[Darnell 8,478]

maybe you are thinking of 'secondary inspection' for CBP ? can get new I-94 there - is less 'security issues', as well.

My apologies - I am assuming that I-94 also issued at the port, by port personnel, attached to CBP office - so even if the i-94 stamped inside the ship, can get out of the ship, get to the port via walking off the ship, show I-94 from the CD-1, get new I-94 ON the B-2, from CBP staffer.

Or have I missed it, entirely ?

[payxibka 10,045]

maybe you are thinking of 'secondary inspection' for CBP ? can get new I-94 there - is less 'security issues', as well.

My apologies - I am assuming that I-94 also issued at the port, by port personnel, attached to CBP office - so even if the i-94 stamped inside the ship, can get out of the ship, get to the port via walking off the ship, show I-94 from the CD-1, get new I-94 ON the B-2, from CBP staffer.

Or have I missed it, entirely ?

C/D entry is not adjustable, changeable. Period. If entry is granted as C/D then the only way to shed it is to leave the USA and re-enter.