A lawyer for two Cosco Busan crew members will asked a judge this afternoon, if the men can return home.
The container ship hit a protective fender of the Bay Bridge November 7th, 2007 and spilled 54,000 gallons of fuel into the San Francisco Bay.
Liang Xian Zhang and Zong Bin Li have been in the United States ever since the accident happened.
Their attorney, Jonathan Howden, contends they are entitled to be released because the two men face no criminal charges and have completed giving depositions in the criminal case of the ship's pilot and management company.
While awaiting their depositions, the two men and four other crew members have been have been housed at the expense of the management company, Hong Kong-based Fleet Management Ltd.
Prosecutors have asked for an arrangement that would ensure that the crew members will return for the trial of pilot John Cota and Fleet Management in April.
Cota and the company face criminal charges of polluting the bay, killing migratory birds and making false statements.