[zigzag20]

Iam a
usa citizen retired in the philippines; i bought another sailboat(missing the sailing) and i want to fly a philippines citizen to haiti(non visa required of this crew member). And then cruise the carib but eventually return to the usa for a while before going out again. How do i get this crew member into the usa temporary till we depart again after the surgery on my arm? Is a transit visa all i need? And do i just take his passport to coast guard for clearance?
Thaks gary

 

[Zanshin]

Unfortunately the rules have changed and every non-American and non-LPR holder must have a valid visa when arriving in the USA via boat. This also applies to citizens of those nations who can fly into the USA using ESTA and the visa waiver scheme.

Since the US Virgin Islands are only a $30 ferry trip from the BVI, one workaround is to sail to the BVI and then enter the USA via ferry. Once the person has been allowed into the USA (usually for a 3-month period of stay), they can then leave and return via boat.

Last time I was clearing into St. John in the USVI I was talking with the immigration officer who told the story of people still sailing to the USVI without a visa and that usually they will let them return without problems, but if they are cantankerous then they follow the official procedure and force them to leave BUT also put a mark in their immigration records that will prevent them from entering the USA for 5 years. So while I know how difficult it can be for a Filipino to get a tourist visa I would recommend having them go through the procedure; perhaps paperwork regarding the method of travel (sailboat to the USA) would make it go smoother.

 

[zigzag20]

Thank you so much for your insight into this matter! Its almost like filipinos are terrorist ; for its so difficult for such a beautiful country and people to have to endure this.I think your idea is a good one and will consider it upon arrival of my crew member
regards
gary

 

[svzephyr44]

I strongly encourage you to read this:
Sailing - Reboot (USA 60493): The $4,500 Visa Saga (Not the Credit Card, the United States B-2 visitors visa)

I have been told to get the visa in the DR. Never, never, never apply in the Bahamas

Fair winds and following seas

 

[TQA]

Get your B1/B2 visa while you still have STRONG and verifiable links to your home country. Property is best, ongoing employment is good, relatives are not so good.

Have a good reason for your visit. If travelling around expect to be quizzed on itinerary and places of interest.

They are likely to ask where you intend to stay. Staying with vague 'friends' is not good for your visa chances.

Have evidence of sufficient funds, copies of bank statements/pensions/stocks etc. Be ready for deceptive questions about taking small jobs if offered.

REMEMBER having a B1/B2 DOES NOT GUARANTEE ENTRY TO THE USA. It merely gets you an interview with immigration who can turn you away if they are dissatisfied. This often means that your hard won B1/B2 gets stamped CANCELLED! [ I have met two people who had this happen, one had made a day trip to Mexico on foot for dental work and was returning to his RV in the USA. The other was returning to his boat in Florida. ]

Increased security means that although yachts may continue to obtain Customs clearance on entry into the US by telephone, that clearance is not valid until Immigration clearance has been obtained in person at the nearest INS office. (the immigration offices of the Bureau of Customs and Border Protection).

The captain, and every other person on board, regardless of nationality, are required to report to the nearest INS Office after arriving in a port of entry. US nationals must take with them a valid passport. All non-US nationals must take passports with valid visas, and a Green Card if held. If you arrive after working hours, you must remain on board, and clear in the next morning. You must clear in within 24 hours of your arrival.

The nearest INS office might be some distance away from your chosen port of entry, requiring an expensive taxi or rental car journey to reach.

Noonsite.

Do not expect all Customs officials to know about the procedure. Make absolutely sure that they have recorded your arrival BEFORE you all go ashore to visit immigration. Record the office you called the officers name or number and the time you reported.

OK you made it in to the USA. Everybody got their I94 entry document and you have a cruising permit for your boat. [ NB not every body will get one of these ! ] You are off to explore the USA by boat. Well be aware of the following.

The situation described below will be a real burden for all foreign flagged vessels cruising in USA waters. Our thanks to Captain Brenda Matzner for researching this developing situation, and allowing me to paraphrase our telephone conversastion!

The long and short of this is, that if you are from any foreign country, including Canada, and your vessel is flagged in that country,
YOU MUST NOTIFY US CUSTOMS - HOMELAND SECURITY EVEN IF YOU SIMPLY MOVE YOUR VESSEL FROM ONE MARINA TO ANOTHER, IN THE SAME PORT OF CALL! Otherwise, you might just be slapped with a $5,000.00 fine!

Note that this requirement does NOT apply to US flagged vessels!

Today, I called "Maria" (954-761-2034) at the office of US Customes and Homeland Security in Port Everglades [Fort Lauderdale], and got a clarification of the requirements for foreign flagged vessels to announce their movement from one port or call, or one berth, to another. Recently, I had a buddie who was recently hit with this rule, and suffered a $5,000.00 fine in Jacksonville.

Even if a foreign flagged vessel, including those from Canada, have entered the USA legally, and cleared customs properly, THEY MUST NOTIFY US CUSTOMS - HOMELAND SECURITY if they move their vessel from one place to another. Officer Maria said that even if the vessel is moved just from Port Everglades to Miami, for example, or even from the city of Fort Lauderdale berths on New River to Bahia Mar, the boat owners MUST notify US Customs - Homeland Security IMMEDIATELY, OR BE SUBJECT TO A $5,000.00 FINE!

While it would appear, at least so far, that the enforcement of this provision is lax is some ports, a crackdown could result in some very expensive cruising, very fast for Canadians, or boat owners from other countries. It is my impression that this Department of Homeland Security Requirement is NOT well known among foreign cruisers, and that's why I phoned you today, to help get this word out ASAP!

I have had some bizarre and truly surreal conversations with officials while trying to do this when off the beaten track. Many will never have heard of the regulation. Most will not know the procedure. At least that is what I found. It may be better in 2015 who knows.

Finally if you do not have a cruising permit the captain may have to visit in person even though the closest office is 50 miles inland.

 

[MarkofSeaLife]

Itsmanditory he needs a B1b2 visa.
The work around Zanshin mentions does not work anymore.


Mark

 

[Faster]

Is this issue USA wide? We have many friends with Canadian flagged boats moored in WA state, and others who have spent a fair bit of time cruising in Puget Sound on their Canadian boats and I've not heard of this kind of micromanaging of their itineraries..

 

[MarkofSeaLife]

Different requirements for Canadians.

 

[zigzag20]

OH my gosh! Thank you guys for all your input!Maybe I will never return to the USA ; this is the same reason why I decided to retire in the Philippines!Iam so embarrass to be an american at time! I guess I will try to get B-1 or B-2 visa this month just to see if I can get it for her. I now would like to live on another country other then the philippines cause I have liquidated my Business ventures over here. any suggestions from u guys of your favorite cruising grounds with less burocratic BS then the USA?
I will keep all posted of how this visa situation works out. thanks again to all
Gary
PS Havent renamed my new boat yet!Maybe after my last Boat "Restless Rosie"

 

[MarkofSeaLife]

The USA doesnt have much bureaucratic BS.

Maybe you should check it out? Its just a bloody visa. Many nationalities need them in many countries in the world.

 

[aeventyr60]

OH my gosh! Thank you guys for all your input!Maybe I will never return to the USA ; this is the same reason why I decided to retire in the Philippines!Iam so embarrass to be an american at time! I guess I will try to get B-1 or B-2 visa this month just to see if I can get it for her. I now would like to live on another country other then the philippines cause I have liquidated my Business ventures over here. any suggestions from u guys of your favorite cruising grounds with less burocratic BS then the USA?
I will keep all posted of how this visa situation works out. thanks again to all
Gary
PS Havent renamed my new boat yet!Maybe after my last Boat "Restless Rosie"

Malaysian Borneo, Sabah & Sarawak as well as Brunei are close and has easy in/out requirements for your crew. PI citizens only get a 30 day visa upon arrival. FYI, we had to jump through several hoops for our visas and boat permits for the PI, so all the issues mentioned in the above posts are not limited to the good ol US of A.

 

[zigzag20]

no offense intended; but if you are not from a visa waiver country list then it is almost impossible to get a visit visa for a filipino ; i should know for i have lived in the philippines 4 years now and been traveling and doing business here since 1990
gary

 

[Zanshin]

It is mandatory he needs a B1b2 visa.
The work around Zanshin mentions does not work anymore.
Mark

Mark, are you certain about that? I asked at immigration in St. John last year and they said that it is a valid method. I wouldn't be surprised if they changed policy, but it would have to be a recent change. It wouldn't make much of a difference, since the foreign crewmember could just remain in St. John and wait for the boat, crewed only by U.S. nationals or permanent residents, to clear in by themselves before rejoining the boat.

 

[MarkofSeaLife]

Mark, are you certain about that? I asked at immigration in St. John last year and they said that it is a valid method. I wouldn't be surprised if they changed policy, but it would have to be a recent change. It wouldn't make much of a difference, since the foreign crewmember could just remain in St. John and wait for the boat, crewed only by U.S. nationals or permanent residents, to clear in by themselves before rejoining the boat.

Yes its true. There is a line on a CBP website that says any person on a private boat entering the USA must have a B1B2 visa, except Canadians. I have seen the webpage but now can't find it. Ive check a coupla times over the last few months for forum questions, havent had time today.

If you think about it, it would make a mockery of CBP if you could ferry from BVI to USVI and grab a visa on arrival then pull up the anchor and head to Florida.

It was a loophole but its been plugged.

If I am wrong then I owe you an icecream

Mark
PS wen ya coming to SXM?

 

[SVAuspicious]

Is this issue USA wide? We have many friends with Canadian flagged boats moored in WA state, and others who have spent a fair bit of time cruising in Puget Sound on their Canadian boats and I've not heard of this kind of micromanaging of their itineraries..

Yes its true. There is a line on a CBP website that says any person on a private boat entering the USA must have a B1B2 visa, except Canadians. I have seen the webpage but now can't find it. Ive check a coupla times over the last few months for forum questions, havent had time today.

If you think about it, it would make a mockery of CBP if you could ferry from BVI to USVI and grab a visa on arrival then pull up the anchor and head to Florida.

It was a loophole but its been plugged.

I'm not convinced it is completely plugged. The underlying issue is the roots of the US visa waiver program. In order to participate in the visa waiver program a commercial carrier commits (I'm not sure if there is a bond or if the companies can self-insure) to transport the inbound non-US citizen back out of the country if for any reason they are turned back. That is why the visa waiver program doesn't apply to private boats or aircraft.

The BVI-USVI work around has been accepted on the ground for many years even though it has been against the rules the entire time. To the best of my knowledge it is still workable.

Everyone has to make their own choices about the degree of risk they are willing to take when dealing with government bureaucracies.

I wouldn't hesitate to put crew on a ferry or plane (I almost had to do that in Bermuda) and pick them up in the US. The commercial carrier would still be liable for transit if needed.

I would not have crew make a round trip by ferry "hanging on" to their visa. The chances of getting caught are small, but the implications are disturbing.

YMMV.

My experience getting a B1/B2 visa for crew has been pretty positive. I don't have any insight into how hard it may be without a US sponsor. I also have no personal insight into getting a visa for anyone other than an EU citizen.

 

[MarkofSeaLife]

Well, I have a rule: Don't try to stiff the Yanks because thier computers have long memories.

 

[SVAuspicious]

Well, I have a rule: Don't try to stiff the Yanks because thier computers have long memories.

I used a lot more words, but I agree with you. *grin*

 

[svzephyr44]

Having been down this path (see post above) a couple of comments:
1) There is no restriction on a foreign national legally in the United States crewing on a boat. They can not enter via a private boat. However if they are in the US legally (VISA, ESTA) they can get on and travel around.
2) Immigration officials have difficulty with anything that is not a round trip from the home country. When are you going back? Prove you have assets etc. in your home country to go back to. The idea that one might be living on a sailboat, spend a couple of years away from the home country, stop in the US, spend a few more years away from the home country just doesn't compute.
3) Particular embassies have different reputations. I found (after a long and painful experience) that the US embassy in the Bahamas has a reputation of never issuing visas to foreign nationals on US Flagged boats.
4) You might be better off having your friend as "paid crew." See Work on Super yachts: Advice on everything you need to know | Roger Norton. In particular note the section on the STOW95. There is a shortage of people willing to go to sea in the US so you might do better.

 

[TQA]

Unfortunately the rules have changed and every non-American and non-LPR holder must have a valid visa when arriving in the USA via boat. This also applies to citizens of those nations who can fly into the USA using ESTA and the visa waiver scheme.

Since the US Virgin Islands are only a $30 ferry trip from the BVI, one workaround is to sail to the BVI and then enter the USA via ferry. Once the person has been allowed into the USA (usually for a 3-month period of stay), they can then leave and return via boat.

Last time I was clearing into St. John in the USVI I was talking with the immigration officer who told the story of people still sailing to the USVI without a visa and that usually they will let them return without problems, but if they are cantankerous then they follow the official procedure and force them to leave BUT also put a mark in their immigration records that will prevent them from entering the USA for 5 years. So while I know how difficult it can be for a Filipino to get a tourist visa I would recommend having them go through the procedure; perhaps paperwork regarding the method of travel (sailboat to the USA) would make it go smoother.

Yup the ferry trick works and gets the non visa holder into the USVI on a visa waiver.

But the USVI is not the USA.

The U.S. Virgin Islands are an organized, unincorporated United States territory. No I don't know what that means.

But I do know that when you enter Purto Rico [ also an unincorporated territory of the United States] or the USA proper on a private sailboat; entry without a B1/B2 will be refused and it is likely to get expensive for the captain who will be responsible for the one way airfare back to the country of origin of the non visa holder. Don't mess with the US Border guys or United States Department of Homeland Security as they are also known.

No American official has ever been fired for refusing someone entry.