USA entry Visa and additional documents

[wanabe cruiser]

Dear All
New here so hello...hope you can help.
I am currently looking to join a yacht to assist the skipper from USBVI to Azores, on a non paid basis.
I hold a UK passport.
Can anyone tell me what VISA to apply for and what additional documentation is required. Also how to get around only having a one way flight (i.e. no return).
I am sure that this is something that some of you will have come across before.
Any information and assistance would be appreciated.
Cheers

[gmakhs]

Call US embassy ....

[boatman61]

Fly into Tortola BVI's and catch the ferry across.. but if you are flying in to join the boat a simple online ESTA is perfectly adequate.
Works for me and my crew collecting boats on the mainland.
Ask the skipper/owner for a letter with name and location of vessel and confirming you will be leaving as a crew member with the boat..
Some need proof of means of departure.

[Craig Cape Town]

You'll find the info here: https://travel.state.gov/content/tra...t/visitor.html


As a Brit, you will only be elligeable for a visa waiver if you are flying in and out. So you will have to apply for a B1/B2 (tourist) visa, which initially is a bit of a pain. But it is usually valid for 10 yrs and once you have it you don't need to worry about it for a while.


You will need to have a flight out of USA in case you need to be repatriated.

[jmschmidt]

Never heard of the "USBVI," sounds interesting, where are they?

[boatman61]

Originally Posted by Craig Cape Town

You'll find the info here: https://travel.state.gov/content/tra...t/visitor.html


As a Brit, you will only be elligeable for a visa waiver if you are flying in and out. So you will have to apply for a B1/B2 (tourist) visa, which initially is a bit of a pain. But it is usually valid for 10 yrs and once you have it you don't need to worry about it for a while.


You will need to have a flight out of USA in case you need to be repatriated.

The B1/B2 is only needed if you are entering by boat.. if flying in the ESTA is all you need for a US airport/destination.. that's good for a 90 days stay Stateside.. just have a return to keep the DHS paranoid mob happy.. only a few quid more (sometimes cheaper) than the one way and saves a lot of needless grief..

[Montanan]

USBVI?

Which specifically are you headed to, US Virgin Islands or British Virgin Islands?

What route are you taking to get to the above destination? If you are headed from the UK directly to the BVI then no USA visa would be required.

If arriving through a US airport or to the USVI then a USA B1/B2 visa will be required.
Check with the USA embassy or consulate in the UK.

If you depart from the USVI to the Azores be sure to exit by US Customs and Border Patrol to be able to show you have left the USA within the time limit of your US visa. If you don't exit out properly then if you ever attempt to reenter the USA you will likely be declined a visa because you will appear to have overstayed your US visa or failed to follow USA protocols.

Useful reference link:

https://www.onboardonline.com/indust...or-yacht-crew/

"According to the US Department of State, the B1B2 is classified as a visitor visa. This means that it is a non-immigrant visa for people wishing to enter the United States temporarily. There is a B1 visa for those who wish to enter for business purposes and a B2 visa for those coming for pleasure or tourism. A B1B2 is, obviously, a combination of the two.

The B1B2 is not a work permit, nor is it equivalent in any way to a Green Card. It is also different from a C1/D visa.

Without confusing the issue too much, the C1/D is technically a “crew” visa, but it is primarily intended for airline personnel and commercial seafarers i.e. cruise ship, cargo, and ferry employees.

Though it might seem like this is your best bet, it is generally not sufficient. “Commercial” in this context is defined as a plane or vessel with a set itinerary.

Whether a yacht is registered commercially or for pleasure, there is no set itinerary, and so it is therefore considered a private means of transport. In the eyes of the US government, the entire yachting industry is a private industry (remember that!), thus a B1B2 is necessary.

So how do crew get a B1B2 visa?
The first thing you need to do is fill out the application Form DS-160. You can find it here. You will be asked to upload your photo to the form. Be sure to print the confirmation page to take to your appointment.

Now you must schedule an appointment/interview at a US Embassy or Consulate. Generally this is done in your city of residence, but in the case of yacht crew it could be anywhere. There are always rumours floating around about how one Embassy is more or less strict than another, but if you are prepared and polite, it really shouldn’t make a difference. The time you will have to wait to get an appointment, however, will vary depending on city and the time of year. You can find approximate waiting times for different locations here.

Next you must pay the non-refundable application fee of 160 Euros. As unfair as it might seem, there might be additional issuance fees depending on your nationality. Be sure to print the payment confirmation to take to your appointment.

Get your documents ready. Check the website of the Consulate or Embassy where you have scheduled your interview to see what they specifically request. You cannot be too prepared, so if you think it might be useful, take it along! The obvious and obligatory items are your passport (which must be valid at least 6 months beyond the length of your stay in the US), confirmation of application and payment, and a photo if you didn’t manage to upload one.

Many will tell you that you need an employment letter from a yacht in order to obtain the B1B2. Though it will certainly help if you have one, it is not necessary. More than proof of employment, they will be interested in proof that you DO NOT intend on staying in the US. Your biggest chance of being refused is if you are not able to prove strong ties to your home, whether they are familial, social, or economic. This proof can come in the form of bank or mortgage statements, house bills, photos of your wife or children back home… anything that will make them believe you are not planning on abandoning your home and setting up shop in the USA.

The Foreign Affairs Manual (FAM) says that a B1 visa is available to any “crewmen of a private yacht who are able to establish that they have a residence abroad which they do not intend to abandon, regardless of the nationality of the private yacht. The yacht is to sail out of a foreign home port and cruising in US waters for more than 29 days.” The FAM is basically the guide book for all State Department and Foreign Service staff, so if you can prove that you fit this description, there is no reason to worry.

Let’s assume that all goes as planned and you walk away smiling with a visa in your pocket. Most crew think that they are in the clear at this point, but there are a few other important details to remember. First of all, which visa were you issued? The combined B1B2 is very common, but it is also possible to receive either a B1 (business), for example if you already have a job lined up, or a simple B2, for pleasure only. This is extremely important to be aware of!

When you pass through Customs and Border Control in the US, your passport will be stamped with your entry date but also with the date at which time you MUST leave US soil. Depending on your situation, this could be up to 6 months from when you arrive, but it is at the discretion of the officer on duty at the time so be nice! This information used to be recorded on a paper I-94 form but recently the process has been made electronic for air and sea travellers. If you would like to obtain a paper copy of your I-94 or check your arrival/departure record, you can do so at www.cbp.gov/I94.

In addition, they will record the status of your entry, i.e. whether you entered for business (B1) or for pleasure (B2). If you are headed to the US without a job, it is imperative that you enter as a tourist, in other words, with B2 status. With this tourist status, crew are lawfully allowed to register with crew agencies and look for work. However, it is important to note they you are not legally allowed to accept daywork.

And the fine print doesn’t end there. Not only are you not technically allowed to daywork, if you are offered a job you are not legally allowed to accept it as a B2 tourist. This requires exiting the US and returning, with boat employment papers (from a non-US flagged boat of course), and being stamped in with B1 status.

Let’s say you have followed all the rules so far but you need more time. Your B1B2 is still valid, but the date on your I-94 is running out. It is possible to extend your stay, but you must file a request (Form I-539) with the US Citizenship and Immigration Services. And you must do this before your time expires - at least 45 days before to be safe. Under no circumstances should you ever outstay the departure date on your electronic I-94. Even a day or two could mean that you are denied entry the next time around.

If you are one of the lucky ones who manages to land a job and sail away from all this mess, you should make sure that your departure from the US is recorded by the Customs and Border Patrol so that you are successfully checked out of the country. If you were previously issued a paper I-94, it should be returned to CBP. If your I-94 was electronically issued, check your status to make sure it is correct. I realize that this may seem like one slap in the face too many, but the risk of doing otherwise is really not worth it.

If you leave the country on a private vessel (which is usually the case), and your departure is never recorded, the next time you apply for admission into the US you may be accused of having overstayed your welcome the last time. If this happens, the shiny visa that you worked so hard for could be revoked, and you might be sent back to where you came from."

Or you may be required to help build a wall in exchange for a US visa.

Good luck and
Make America Great Britain Again.

[boatman61]

Things must have changed a lot since last June when I flew into Miami on an ESTA with a return ticket and then sailed 9 days later for the Azores..
I have never been 'Stamped Out' by US Customs/Immigration on the many times I have sailed out off the USA.. they just don't do it.. one has to rely on last marina bill for proof of departure time when clearing into the Azores.
Zarpe's are just not an American thing.

[bobnlesley]

Originally Posted by Montanan

USBVI?

...If arriving through a US airport or to the USVI then a USA B1/B2 visa will be required..

No it won't.
If you sail in and fly out, then yes, you probably do need a B1/B2, but you'll be arriving on a 'commercial carrier' and sailing out; read what Boatman's posted, an ESTA and a letter from the owner/skipper are all you will need.

[hasse_A]

We and a buddy boat, both Swedish registered, with 2 Swedish crews in each boat sailed from Saint Martin to Saint Croix, USVI. The buddy boat arrived 18/2/2019 i.e. Presidents day, a holiday.
We arrived a day later. We have B1/B2 visas and had no problem clearing in.
The crew of the buddy boat had ESTA but had visited New York using their approved ESTA's. They came in on a commercial carrier.
When clearing in to the USVI they where fined US $550 and the reason given was that they had been to long outside the US. To be precise, 93 days where the limit was said to be 90.
I find this absurd. This means that you have to enter the US every 90 days to keep your ESTA alive the 2 years it is valid. If you don't return within 90 days it will be void according to the customs officer.

Any comment ?

/Hans

[Kelkara]

Originally Posted by hasse_A

We and a buddy boat, both Swedish registered, with 2 Swedish crews in each boat sailed from Saint Martin to Saint Croix, USVI. The buddy boat arrived 18/2/2019 i.e. Presidents day, a holiday.
We arrived a day later. We have B1/B2 visas and had no problem clearing in.
The crew of the buddy boat had ESTA but had visited New York using their approved ESTA's. They came in on a commercial carrier.
When clearing in to the USVI they where fined US $550 and the reason given was that they had been to long outside the US. To be precise, 93 days where the limit was said to be 90.
I find this absurd. This means that you have to enter the US every 90 days to keep your ESTA alive the 2 years it is valid. If you don't return within 90 days it will be void according to the customs officer.


Any comment ?

/Hans

Sounds right ... but it's a bit complicated ... this is how I understand it ... I may be wrong.

There are three ways for a foreigner to enter the USA ... With a visa, without a visa under the Visa Waiver Program, or without a visa as a Canadian citizen. The ESTA is simply pre-clearance information now required for the Visa Waiver, and is valid for 2 years. You are not permitted to enter the USA in a private boat under the Visa Waiver.

However once you have entered the USA, all this is irrelevant ... you will be issued an I94 or an I94W if using a visa waiver (these days it's no longer a piece of paper, but electronic). The I94 will usually be valid for 6 months, but may be more or may be less, and can be extended (up to two years I think) ... the I94W will be valid for 90 days only and cannot be extended. It is the I94/I94W that determines your immigration status in the USA, not your visa.

When you leave the USA you are supposed to cancel your I94/I94W, normally this is the responsibility of the airline ... but if you leave by private vehicle, you are supposed to phone in and cancel it yourself. If you don't cancel it, the clock is still ticking on your time in the USA. This can have some advantages in that when you try to re-enter the USA, all your immigratioin clearance etc has already been done, and you can continue with the same I94 ... I believe that this is also true for the I94W, that means that you can enter the USA on a regular airline using the Visa Waiver, get your 90 days and then leave without cancelling your I94W and re-enter the USA on a private boat without needing a visa (but best to get this confirmed by US immigration, I have not tried it) ... but you only have 90 days from your first entry into the USA for the I94W to remain valid.

Since you cannot get a new I94W entering the USA by private boat and they didn't have a visa, it sounds like the immigration official looked for their old I94W from their entry in New York, and found that it has expired ... if it has been 89 days, they would have been told "welcome to the USA, but you have to leave tomorrow." the 90 days on the Visa Waiver cannot easily be extended.


That's my understanding, but since I became Canadian it got a lot easier, so no expert.

[Kelkara]

They should have stamped the expiry date in their passport, but looking at my old passports, sometimes they just write "BW" to indicate that you have "B"1/2 status on a visa "W"aiver ... and I'm left having to calculate the 90 days myself.

[Montanan]

Originally Posted by hasse_A

We and a buddy boat, both Swedish registered, with 2 Swedish crews in each boat sailed from Saint Martin to Saint Croix, USVI. The buddy boat arrived 18/2/2019 i.e. Presidents day, a holiday.
We arrived a day later. We have B1/B2 visas and had no problem clearing in.
The crew of the buddy boat had ESTA but had visited New York using their approved ESTA's. They came in on a commercial carrier.
When clearing in to the USVI they where fined US $550 and the reason given was that they had been to long outside the US. To be precise, 93 days where the limit was said to be 90.
I find this absurd. This means that you have to enter the US every 90 days to keep your ESTA alive the 2 years it is valid. If you don't return within 90 days it will be void according to the customs officer.

Any comment ?

/Hans

Recommend you read Kelkara's post above as it explains the ESTA procedural limits.

Not sure I am correctly understanding the count of the days you have described. You indicated that the persons aboard the buddy boat cleared in at New York arriving on a commercial carrier, presumably flying in. That date of arrival would have started the permitted time period for the issued visa. If the entry permit was for a maximum of 90 days and they had stayed in country for 93 days then they would have overextended their stay, and in effect became "illegal" aliens. Persons that overstay their visas are subject to detention, fines, deportation and disallowance of future entry.

One needs to fully understand the terms of your visitation rights and conform to such granted privileges. If you break the rules it is your fault and not the fault of a bureaucrat. It is inappropriate to deflect blame for failure of compliance onto others.

It is estimated that fully two thirds of the "illegal" aliens that are resident in the USA arrived legally, that is to say by proper visa entry but have overstayed their visa and only one third of the "illegal" aliens arrived via illegally entry, [not obtaining a visa].

[hasse_A]

Thanks Kelkara for explaining.
But what if you get an ESTA by going by ferry from BVi to USVI ?
When you go back to BVI isn't the ESTA then canceled by the carrier ?
/Hans

[hasse_A]

Originally Posted by Montanan

If the entry permit was for a maximum of 90 days and they had stayed in country for 93 days then they would have overextended their stay, and in effect became "illegal" aliens.ird of the "illegal" aliens arrived via illegally entry, [not obtaining a visa].

No, they stayed in New York part of a day catching a flight to Grenada.
It was 93 days since they landed in New York.

/Hans