[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR253.1]

[Page 606-607]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 253--PAROLE OF ALIEN CREWMEN--Table of Contents
 
Sec. 253.1  Parole.

    (a) General. When a crewman is paroled into the United States 
pursuant to the provisions of this part under the provisions of section 
212(d)(5) of the Act, he shall be given Form I-94, reflecting the terms 
of parole. A notice on Form I-259 shall be served upon the agent, and, 
if available, upon the owner and master or commanding officer of the 
vessel or aircraft, which shall specify the purpose of the parole and 
the conditions under which the alien crewman is paroled into the United 
States. The Form I-259 shall also specify the Service office to which 
the alien crewman is to be presented for inspection upon termination of 
the parole. The guarantee of payment for medical and other related 
expenses required by section 253 of the Act shall be executed by the 
owner, agent, consignee, commanding officer or master on Form I-510.
    (b) Afflicted crewman. Any alien crewman afflicted with 
feeblemindedness, insanity, epilepsy, tuberculosis in any form, leprosy, 
or any dangerous contagious disease, or an alien crewman suspected of 
being so afflicted shall upon arrival at the first port of call in the 
United States, be paroled to the medical institution designated by the 
district director in whose district the port is located, in the custody 
(other than during the period of time he is in such medical institution) 
of the agent of the vessel or aircraft on which such alien arrived in 
the United States and at the expense of the transportation line for a 
period initially not to exceed thirty days, for treatment and 
observation, under the provisions of section 212(d)(5) of the Act. 
Unless the Public Health Surgeon at the first port certifies that such 
parole be effected immediately for emergent reasons, the district 
director may defer execution of parole to a subsequent port of the 
United States to which the vessel or aircraft will proceed, if 
facilities not readily available at the first port are readily available 
at such subsequent port of call. Notice to remove an afflicted alien 
crewman shall be served by the examining immigration officer upon the 
master or agent of the vessel or aircraft on Form I-259 and shall 
specify the date when and the place to

[[Page 607]]

which such alien crewman shall be removed and the reasons therefor.
    (c) Disabled crewman. Any alien crewman who becomes disabled in any 
port of the United States, whom the master or agent of the vessel or 
aircraft is obliged under foreign law to return to another country, may 
be paroled into the United States under the provisions of section 
212(d)(5) of the Act for the period of time and under the conditions set 
by the district director in whose district the port is located, in the 
custody of the agent of the vessel or aircraft for the purpose of 
passing through the United States and transferring to another vessel or 
aircraft for departure to such foreign country, by the most direct and 
expeditious route.
    (d) Shipwrecked or castaway seamen or airmen. A shipwrecked or 
castaway alien seaman or airman who is rescued by or transferred at sea 
to a vessel or aircraft destined directly for the United States and who 
is brought to the United States on such vessel or aircraft other than as 
a member of its crew shall be paroled into the United States under the 
provisions of section 212(d)(5) of the Act for the period of time and 
under the conditions set by the district director in whose district the 
port is located, in the custody of the appropriate foreign consul or the 
agent of the aircraft or vessel which was wrecked or from which such 
seaman or airman was removed, for the purpose of treatment or 
observation in a hospital, if such is required, and for departure to the 
appropriate foreign country by the most direct and expeditious route.
    (e) Medical treatment or observation. Any alien crewman denied a 
conditional landing permit or whose conditional landing permit issued 
under Sec. 252.1(d)(1) of this chapter is revoked may, upon the request 
of the master or agent, be paroled into the United States under the 
provisions of section 212(d)(5) of the Act in the custody of the agent 
of the vessel or aircraft and at the expense of the transportation line 
for medical treatment or observation.
    (f) Crewman, stowaway, or alien removable under section 235(c) 
alleging persecution or torture. Any alien crewman, stowaway, or alien 
removable under section 235(c) of the Act who alleges that he or she 
cannot return to his or her country of nationality or last habitual 
residence (if not a national of any country) because of fear of 
persecution in that country on account of race, religion, nationality, 
membership in a particular social group, or political opinion, or 
because of fear of torture is eligible to apply for asylum or 
withholding of removal under 8 CFR part 208. Service officers shall take 
particular care to ensure that the provisions of Sec. 208.5(b) of this 
chapter regarding special duties toward aliens aboard certain vessels 
are closely followed.
    (g) Other crewmen. In the discretion of the district director, any 
alien crewman not within the purview of paragraphs (b) through (f) of 
this section may for other emergent reasons or for reasons deemed 
strictly in the public interest be paroled into the United States under 
the provisions of section 212(d)(5) of the Act for the period of time 
and under the conditions set by the district director having 
jurisdiction over the area where the alien crewman is located.

[22 FR 9804, Dec. 6, 1957, as amended at 26 FR 11797, Dec. 8, 1961; 32 
FR 4341, Mar. 22, 1967; 32 FR 9633, July 4, 1967; 55 FR 30687, July 27, 
1990; 62 FR 10389, Mar. 6, 1997; 64 FR 8495, Feb. 19, 1999]