1994 US Code
Title 8 - ALIENS AND NATIONALITY
CHAPTER 11 - NATIONALITY
SUBCHAPTER II_2 - SUBCHAPTER II-IMMIGRATION
Part VI - Special Provisions Relating to Alien Crewmen
Sec. 1282 - Conditional permits to land temporarily
View MetadataPublication Title | United States Code, 1994 Edition, Title 8 - ALIENS AND NATIONALITY |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 8 - ALIENS AND NATIONALITY CHAPTER 11 - NATIONALITY SUBCHAPTER II_2 - SUBCHAPTER II-IMMIGRATION Part VI - Special Provisions Relating to Alien Crewmen Sec. 1282 - Conditional permits to land temporarily |
Contains | section 1282 |
Date | 1994 |
Laws in Effect as of Date | January 4, 1995 |
Positive Law | No |
Disposition | standard |
Source Credit | June 27, 1952, ch. 477, title II, ch. 6, §252, 66 Stat. 220; Nov. 29, 1990, Pub. L. 101-649, title V, §543(b)(1), 104 Stat. 5059; Dec. 12, 1991, Pub. L. 102-232, title III, §306(c)(3), 105 Stat. 1752. |
Statutes at Large References | 66 Stat. 220 104 Stat. 5059 105 Stat. 1752 |
Public Law References | Public Law 101-649, Public Law 102-232 |
§1282. Conditional permits to land temporarily (a) Period of time
No alien crewman shall be permitted to land temporarily in the United States except as provided in this section and sections 1182(d)(3), (5) and 1283 of this title. If an immigration officer finds upon examination that an alien crewman is a nonimmigrant under paragraph (15)(D) of section 1101(a) of this title and is otherwise admissible and has agreed to accept such permit, he may, in his discretion, grant the crewman a conditional permit to land temporarily pursuant to regulations prescribed by the Attorney General, subject to revocation in subsequent proceedings as provided in subsection (b) of this section, and for a period of time, in any event, not to exceed—
(1) the period of time (not exceeding twenty-nine days) during which the vessel or aircraft on which he arrived remains in port, if the immigration officer is satisfied that the crewman intends to depart on the vessel or aircraft on which he arrived; or
(2) twenty-nine days, if the immigration officer is satisfied that the crewman intends to depart, within the period for which he is permitted to land, on a vessel or aircraft other than the one on which he arrived.
(b) Revocation; expenses of detentionPursuant to regulations prescribed by the Attorney General, any immigration officer may, in his discretion, if he determines that an alien is not a bona fide crewman, or does not intend to depart on the vessel or aircraft which brought him, revoke the conditional permit to land which was granted such crewman under the provisions of subsection (a)(1) of this section, take such crewman into custody, and require the master or commanding officer of the vessel or aircraft on which the crewman arrived to receive and detain him on board such vessel or aircraft, if practicable, and such crewman shall be deported from the United States at the expense of the transportation line which brought him to the United States. Until such alien is so deported, any expenses of his detention shall be borne by such transportation company. Nothing in this section shall be construed to require the procedure prescribed in section 1252 of this title to cases falling within the provisions of this subsection.
(c) PenaltiesAny alien crewman who willfully remains in the United States in excess of the number of days allowed in any conditional permit issued under subsection (a) of this section shall be fined under title 18 or imprisoned not more than 6 months, or both.
(June 27, 1952, ch. 477, title II, ch. 6, §252, 66 Stat. 220; Nov. 29, 1990, Pub. L. 101–649, title V, §543(b)(1), 104 Stat. 5059; Dec. 12, 1991, Pub. L. 102–232, title III, §306(c)(3), 105 Stat. 1752.)
Amendments1991—Subsec. (c). Pub. L. 102–232 substituted “fined under title 18” for “fined not more than ,000 (or, if greater, the amount provided under title 18)”.
1990—Subsec. (c). Pub. L. 101–649 substituted “shall be fined not more than ,000 (or, if greater, the amount provided under title 18) or imprisoned not more than 6 months” for “shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than 0 or shall be imprisoned for not more than six months”.
Effective Date of 1991 AmendmentAmendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Pub. L. 101–649, set out as a note under section 1221 of this title.
Cross ReferencesDefinition of alien, Attorney General, crewman, immigration officer, nonimmigrant alien, and United States, see section 1101 of this title.
Section Referred to in Other SectionsThis section is referred to in sections 1184, 1253, 1283, 1284 of this title.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.