Legal definition of Alien Crewman :
Put simply, the term “alien crewman” refers to a foreign individual serving aboard a ship or aircraft. This includes individuals employed on foreign ships or aircraft entering the United States for temporary voyages, as well as foreign crew members of American ships or aircraft.
When an alien crewman enters the United States, they are subject to specific rules regarding immigration and specific visas. These rules include strict restrictions:
- Limited stay duration to the period during which the ship or aircraft remains in the United States.
- Prohibition from changing status or adjusting their status during their stay.
- Obligation to obtain a specific visa, such as a D visa, to enter the country legally.
The D visa is specifically designed for alien crewmen, allowing them to enter the United States legally to work aboard ships or aircraft. This visa permits a limited stay duration to the period during which the ship or aircraft remains in the country. Holders of this visa are not permitted to change status or adjust their status during their stay, and they must leave the country once their assignment is completed.
Ship owners and onboard agents, including senior officials such as the captain, are required to adhere to immigration rules governing the condition of alien crewmen. In case of violation, they may face significant fines, confiscation of their ship, or even criminal prosecution. Similarly, alien crewmen may be subject to penalties such as future entry bans to the United States, fines, or even deportation, thereby compromising their maritime careers.
Etymology of Alien Crewman
The term “alien crewman” originates from the Latin word “alienus,” meaning foreign, and the Old English word “creaw,” which refers to ship, troops, or company. Their combination is thus used to designate a foreign individual serving as a member of the crew of a ship or aircraft.