Inspector's Field Manual - Gani

Inspector's Field Manual
The Service has held that the INA does not apply on the OCS, and the Department of Labor will not issue a labor
certification for work on the OCS beyond the three-mile limit. Regulations for work on the OCS are
administered by the Coast Guard.
23.18 Asylum Claims by Vessel Crewmembers or Stowaways.
If a crewmember or stowaway requests asylum, remove the alien from the vessel or aircraft and place him or her
in INS custody. Provide an alien crewmember claiming asylum with the appropriate application forms. The
crewmember has 10 days in which to file the application with the district director, during which time the
Service will not remove the alien. If the crewmember files a timely asylum application, the district director will
refer the alien to the immigration judge using Form I-863, Notice of Referral to Immigration Judge. In this case,
the officer executing the I-863 will check Box #2 and the appropriate box indicating the status of the crewmember
when he or she made the asylum claim.
A stowaway who seeks asylum will be detained in Service custody and referred to an asylum officer for an
interview to determine whether the stowaway has a credible fear of persecution under section 235(b)(1)(B).
Although stowaways are not covered under the entire section 235(b)(1) of the Act (expedited removal
provisions), if it is deemed necessary to take a sworn statement from the stowaway claiming asylum or a fear of
persecution, Form I-867A & B may be used. Indicate at the top of the Form I-867A that this is a stowaway case,
rather than a 235(b)(1) case. Arrange for detention of the stowaway and notify the appropriate asylum office
that the stowaway requires a credible fear interview. If the asylum officer finds that the stowaway has a
credible fear of persecution, he or she will refer the stowaway to the immigration judge using Form I-863,
checking Box # 3 and the box indicating "Stowaway: credible fear determination attached". If the asylum officer
determines that the stowaway does not have a credible fear of persecution, and the stowaway requests a review
of that determination, the asylum officer will refer the stowaway to the immigration judge using Form I-863,
checking Box #2. If an adverse determination is made on the asylum claim by the immigration judge, the alien
will be returned to the custody of the carrier for removal. [8 CFR 241.11]
Detention and parole policy regarding asylum applicants who are crew members or stowaways is discussed in
8 CFR 208.5(b). While parole of a stowaway claiming asylum is within the discretion of the district director, it
should not normally be considered until after the stowaway has been determined to have a credible fear of
persecution, unless parole is required for a medical emergency or is necessary to further a legitimate law
enforcement objective.
23.19 Special Interest Vessels.
Vessels registered to, owned or operated by, or chartered by non-entrant countries are not permitted to enter
United States waters or ports. The current list of non-entrant countries includes: Cuba, Iran, Iraq, Libya, People's
Republic of Korea (North Korea), Syria, and Sudan. There are no blanket restrictions placed on nationals of
non-entrant countries arriving on free-flag vessels. Such crewmen may be issued a landing permit, in the
discretion of the inspecting immigration officer, if in possession of a valid passport and visa, and if otherwise
admissible.