Crew Wanted: Halifax to Puerto Rico

[Mark Van]

Hello! We’re planning to sail a Vancouver 32 from Halifax, Nova Scotia to Puerto Rico this May. The boat launches May 6th, and barring any problems we will depart soon after. There are currently two of us, and a third crew member would be welcome. I will cover the cost of food while on the boat, and any boat related expenses. Please contact me if you’re interested!

[Montanan]

FYI, Mark:

Unsure if you are American citizens with USA passports.

Important pre-arrival information: All foreign nationalities, whether entering and/or leaving the USA/Puerto Rico by private yacht MUST obtain a B1/B2 category of visa in advance. Such visitors CANNOT enter the USA/Puerto Rico for the first time under the Visa Waiver Programme on board their private yacht.

The B1/B2 visas are issued by the USA Embassy or Consulate in the country you are a permanent resident of. It can take quite a bit of lead time to obtain an appointment for an interview at the embassy or consulate in Canada and then if the interview leads to an approval for a visa there is additional time involved to have the visa issued by the office. By way of example, the present wait time for an appointment in Toronto is 174 calendar days.

The United States Consulate General in Halifax serves the four Atlantic Canadian Provinces: Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador as well as the two small French islands of St. Pierre and Miquelon. The present wait time for a visa appointment at the US Consulate in Halifax is 450 calendar days.

Be sure that everyone has the appropriate B1/B2 category of visa issued and with them prior to your departure as one will not be issued upon arrival in Puerto Rico and thus will not be permitted entry to the territory and will need to remain onboard. The U.S. Customs and Border Protection (CBP) has implemented enhanced security procedures for small boat arrivals. The USA Immigration personnel do not process entry by private yacht, instead the CBP is responsible. A private yacht is not a commercial carrier hence the visa waiver program is not available as would be the case with flying in as a Canadian.

Assuming you are Canadian

[Montanan]

With similarity per the replies to your previous posts:

You do realize you are headed towards the hurricane belt for the start of the season . . .

Most boaters are headed north at that time of year, not south, kind of going up the down staircase.

Prepare for and have plans for bad weather once you get there and check your vessel's insurance policy coverage as to limitations as to operating within the hurricane zone during the season.

If your vessel is foreign flagged, be sure to obtain a Cruiser's license from the USA Customs and Border Patrol so as to somewhat ease your departure and entry requirements into each USA port of entry and be sure to notify the CBP upon each move to and from a USA port.

[Montanan]

Be sure to be able to fulfill Canada's Covid-19 entry protocols. The pandemic is not yet over.

https://travel.gc.ca/travel-covid/tr...ntering-canada


Starting in January 2022, all inbound foreign national travelers crossing U.S. land ports of entry or ferry terminals – whether for essential or non-essential reasons – must be fully vaccinated for COVID-19 and provide related proof of vaccination.

What documents should non-citizen travelers provide?

Starting November 8, 2021, when arriving at a U.S. land POE or ferry terminal, non-citizen travelers should be prepared to:

present proof of COVID-19 vaccination as outlined on the Centers for Disease Control and Prevention (CDC) website; and,
verbally attest to their non-essential travel and COVID-19 vaccination status

[flyingnut40]

Montana,
You refer to USA/Puerto Rico together as one.
I am Canadian and will soon head south from the Canadian Maritimes and this caught my attention. I'm not planning to visit Puerto Rico specifically, but please confirm that the USA mainland is not delaying private yachts from, say, the east coast, without me incurring a 450+ day wait for a visa? Did I miss something about the rules? Please clarify if it's only Puerto Rico.

[Kd9truck]

Well “Good on ya mate !!”, I may be voicing my own anxiety about your plans so if your “bang on” about it stop reading.

I am sure you’ve thought this thru, and i should state I am by no means an expert but not uninitiated (about 10k nm off shore) That’s looks like a long trip on a short heavy (slow) boat with little room to augment your supplies, if you are doing it off shore even with stops in Bermuda and Bahamas. I have crewed a couple of times on (heavy displacement)vessels that were longer and faster, they all seem to shrink and slow a bit when off shore and then a little more when the lights go out, but you know this.
Some questions I would ask if crewing would be:
What is your experience (and of the other member), How long have you had this vessel? Do you have AIS? Do you have a water maker? When has the life raft been inspected? How are you getting weather reports? What are your intentions about crossing the gulf steam ? What have you done to the motor in anticipation for the passage? How much fuel will get us how far? What does your contingency plans look like?
As has happened, I have been thrust into the decision making process because of sickness and injury, not a big deal but having information before hand about options and contingencies as they relate to on board resources is of great help when managing “evolving situation’s”.
I am a bit of a “worry wart” don’t let my insecurities ruin your trip
Cheers

[mickand]

Flyingnut
You cannot enter the US on your private vessel without a B2 Visitor Visa.
I applied to the US Embassy in Nassau last October as they had one of the shortest waits.
My interview was in mid-Feb.

[StoneCrab]

Any idea how Canada is handling this?

Whatever happened to follow the science and natural immunity? If I've already had COVID, the government requires a vaccine despite my own immunity?

[Mark Van]

Originally Posted by mickand

Flyingnut
You cannot enter the US on your private vessel without a B2 Visitor Visa.
I applied to the US Embassy in Nassau last October as they had one of the shortest waits.
My interview was in mid-Feb.

Hi Mickand, could you let me know if you are a Canadian citizen with permanent residency in Canada? My understanding is that visa restrictions do not apply in this case. I have a question in to the US CBP but response will take a few days. If you are a Canadian citizen with permanent residency in Canada and still had to get the B2, I'll have to rethink my destination.

[Montanan]

Originally Posted by flyingnut40

Montana,
You refer to USA/Puerto Rico together as one.
I am Canadian and will soon head south from the Canadian Maritimes and this caught my attention. I'm not planning to visit Puerto Rico specifically, but please confirm that the USA mainland is not delaying private yachts from, say, the east coast, without me incurring a 450+ day wait for a visa? Did I miss something about the rules? Please clarify if it's only Puerto Rico.

So a 450+ day waiting list for an interview is not appealing. Just think how much time that gives you to prepare your vessel for the voyage.


It seems that there may be unique exemptions to the ordinary requirement of obtaining a B1/B2 [Tourist or Business Purpose] short term visitor visa for our neighbors up North [Canadian citizens and for some select permanent resident non-citizens of Canada]. Apparently, there not being a lot of Canadians that "over-stay" their welcome to the USA, or try to become undocumented residents of the States, hence the comparative ease of procedures for border crossings.

Yet I am unsure if this visa waiver protocol applies to arrival by sea port at the territories of the USA via a private vessel. Canada is not on the list of countries with which the USA has reciprocal visa waiver programs for arrival by approved participating commercial carriers, that is to say, the USA ESTA program.

We Montanans have missed having Canadians visitors due to the Covid-19 essential travel only limitations the last couple of years. Looking forward to seeing y'all again. There certainly wasn't the normal Canadian Snowbird migration in the Fall and Spring passing through, nor the usual number of shoppers arriving so as to purchase goods without VAT, nor Sales tax as Montana has no sales taxation. Costco in Kalispell used to have lots of Albertans loading up their vehicles.

But I would confirm such before departing since one would be arriving via private yacht and not via the participating approved commercial carriers or crossing one of the land border access points by vehicle. One is a longways from Canada once you are in the island territories of the USA.

Reference Link to the Unclassified Publication of the US Department of State:

https://fam.state.gov/fam/09FAM/09FAM020101.html

UNCLASSIFIED

9 FAM 201.1-3 (U) NATIONALITY- AND GEOGRAPHY-BASED EXEMPTIONS AND WAIVERS OF NONIMMIGRANT VISA AND PASSPORT REQUIREMENTS

9 FAM 201.1-3(A) (U) Related Statutory and Regulatory Authorities

(CT:VISA-1; 11-18-2015)

(U) 22 CFR 41.2; 8 CFR 212.

9 FAM 201.1-3(B) (U) Canadian Citizens, Residents

(CT:VISA-1466; 02-04-2022)

a. (U) Visa Requirement: A visa is not required for Canadian citizens except for those who apply for admission in E, K, V, or S nonimmigrant classifications as provided in paragraphs (k) and (m) of 22 CFR 41.2 and 8 CFR 212.1.

(1) (U) Canadian Citizens Seeking Admission as Treaty Traders or Treaty Investors: During the United States-Canada Free Trade Agreement negotiations, it was recognized that the E visa classification is extremely technical and sometimes quite complex. All parties agreed that the visa process was the best way to accord this classification. 22 CFR 41.2(m) removes the visa exemption for Canadian citizens who seek to enter the United States as treaty traders/investors under INA 101(a)(15)(E). Such Canadian citizens must apply for an E visa at a U.S. embassy or consulate. (See 9 FAM 402.9.)

(2) (U) Canadian Citizens Seeking Admission under the North American Free Trade Agreement: Citizens of Canada seeking admission to the United States under provisions of the NAFTA are exempt from the visa requirement, unless seeking classification under INA 101(a)(15)(E). (See also 9 FAM 402.17.)

b. (U) Passport Requirement: As provided by 22 CFR 41.2, a passport is required for Canadian citizens applying for admission to the United States, except when one of the following exceptions applies:

(1) (U) NEXUS Program: A Canadian citizen who is traveling as a participant in the NEXUS program, and who is not otherwise required to present a passport and visa as provided in paragraphs (k) and (m) of 22 CFR 41.2 and 8 CFR 212.1, may present a valid NEXUS program card when using a NEXUS Air kiosk or when entering the United States from contiguous territory or adjacent islands at a land or sea port-of-entry. A Canadian citizen who enters the United States by pleasure vessel from Canada under the remote inspection system may present a NEXUS program card.

(2) (U) FAST Program: A Canadian citizen who is traveling as a participant in the FAST program, and who is not otherwise required to present a passport and visa as provided in paragraphs (k) and (m) of 22 CFR 41.2 and 8 CFR 212.1, may present a valid FAST card at a land or sea port-of-entry prior to entering the United States from contiguous territory or adjacent islands.

(3) (U) SENTRI Program: A Canadian citizen who is traveling as a participant in the SENTRI program, and who is not otherwise required to present a passport and visa as provided in paragraphs of 22 CFR 41.2 and 8 CFR 212.1, may present a valid SENTRI card at a land or sea port-of-entry prior to entering the United States from contiguous territory or adjacent islands.

(4) (U) Canadian Indians: If designated by the Secretary of Homeland Security, a Canadian citizen holder of an Indian and Northern Affairs Canada (“INAC”) card issued by the Canadian Department of Indian Affairs and North Development, Director of Land and Trust Services (LTS) in conformance with security standards agreed upon by the Governments of Canada and the United States, and containing a machine readable zone, and who is arriving from Canada, may present the card prior to entering the United States at a land port-of-entry.

(5) (U) Children: A child who is a Canadian citizen who is seeking admission to the United States when arriving from contiguous territory at a sea or land port-of-entry, may present certain other documents if the arrival meets the requirements described below:

(a) (U) Children Under Age 16: A Canadian citizen who is under the age of 16 is permitted to present an original or a copy of his or her birth certificate, a Canadian Citizenship Card, or a Canadian Naturalization Certificate when arriving in the United States from contiguous territory at land or sea ports-of-entry.

(b) (U) Groups of Children Under Age 19: A Canadian citizen who is under age 19 and who is traveling with a public or private school group, religious group, social or cultural organization, or team associated with a youth sport organization may present an original or a copy of his or her birth certificate, a Canadian Citizenship Card, or a Canadian Naturalization Certificate when applying for admission to the United States from contiguous territory at all land and sea ports-of-entry, when the group, organization or team is under the supervision of an adult affiliated with the organization and when the child has parental or legal guardian consent to travel. For purposes of this paragraph, an adult is considered to be a person who is age 19 or older. The following requirements will apply:

(i) (U) The group, organization, or team must provide to CBP upon crossing the border, on organizational letterhead:

· The name of the group, organization or team, and the name of the supervising adult;

· A trip itinerary, including the stated purpose of the trip, the location of the destination, and the length of stay;

· A list of the children on the trip; and

· For each child, the primary address, primary phone number, date of birth, place of birth, and the name of at least one parent or legal guardian.

(ii) (U) The adult leading the group, organization, or team must demonstrate parental or legal guardian consent by certifying in the writing submitted in paragraph (a) above that they have obtained for each child the consent of at least one parent or legal guardian.

(iii) (U) The procedure described in this paragraph is limited to members of the group, organization, or team that are under age 19. Other members of the group, organization, or team must comply with other applicable document and/or inspection requirements found in 22 CFR 41.2, 8 CFR 212 and 8 CFR 235.

(6) (U) Enhanced Driver's License Programs: Upon the designation by the Secretary of Homeland Security of an enhanced driver's license as an acceptable document to denote identity and citizenship for purposes of entering the United States, Canadian citizens may be permitted to present these documents in lieu of a passport when seeking admission to the United States according to the terms of the agreements entered between the Secretary of Homeland Security and the entity. The Secretary of Homeland Security will announce, by publication of a notice in the Federal Register, documents designated under this paragraph. A list of the documents designated under this paragraph will also be made available to the public.

c. (U) Noncitizens Residing in Canada or Bermuda:

(1) (U) Common Nationality Includes Commonwealth Countries and Ireland: The waiver of passport and visa requirements provided by 22 CFR 41.2(b) for permanent residents of Canada or Bermuda who have a common nationality with Canadians or with British subjects in Bermuda, is considered to include citizens of all Commonwealth countries, as well as citizens of Ireland. (See 9 FAM 201.1-3(F) paragraph (7)).

(2) (U) Stateless Residents of Canada or Bermuda Not Entitled to Waiver: Permanent residents of Canada or Bermuda who are nationals of one of the Commonwealth countries listed in 9 FAM 201.1-3(F) paragraph (7) may be granted a waiver of visa and passport requirements. A resident of Canada or Bermuda who is the bearer of a certificate of identity or other stateless person's document issued by the government of one of these countries may not benefit from the waiver.

9 FAM 201.1-3(C) (U) American Indians Born in Canada

(CT:VISA-1; 11-18-2015)

(U) 22 CFR 41.2(a) provides that a nonimmigrant visa is not required for an American Indian born in Canada having at least 50 percentum of blood of the American Indian race.

[Montanan]

FYI:

Here is the pertinent Code of Federal Regulations section related to the non-applicability of the Visa Waiver Programs when arrival into the USA is by non-commercial carriers. That is to say, why one has to have a B1/B2 visa upon arrival when arriving by private carrier, e.g., a private yacht or airplane.

https://www.law.cornell.edu/cfr/text...0nonimmigrants.

(k) Visa waiver program.

(1) A visa is not required of any person who seeks admission to the United States for a period of 90 days or less as a visitor for business or pleasure and who is eligible to apply for admission to the United States as a Visa Waiver Program applicant. (For the list of countries whose nationals are eligible to apply for admission to the United States as Visa Waiver Program applicants, see 8 CFR 217.2(a)).

(2) An alien denied admission under the Visa Waiver Program by virtue of a ground of inadmissibility described in INA section 212(a) that is discovered at the time of the alien's application for admission at a port of entry or through use of an automated electronic database may apply for a visa as the only means of challenging such a determination. A consular officer must accept and adjudicate any such application if the alien otherwise fulfills all of the application requirements contained in part 41, § 41.2(l)(1).

https://www.law.cornell.edu/cfr/text/8/217.2

LII Electronic Code of Federal Regulations (e-CFR) Title 8 - Aliens and Nationality CHAPTER I - DEPARTMENT OF HOMELAND SECURITY SUBCHAPTER B - IMMIGRATION REGULATIONS PART 217 - VISA WAIVER PROGRAM § 217.2 Eligibility.

8 CFR § 217.2 - Eligibility.


§ 217.2 Eligibility.

(a) Definitions. As used in this part, the term:

Carrier refers to the owner, charterer, lessee, or authorized agent of any commercial vessel or commercial aircraft engaged in transporting passengers to the United States from a foreign place.

Designated country refers to Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, San Marino, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom. The United Kingdom refers only to British citizens who have the unrestricted right of permanent abode in the United Kingdom (England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man); it does not refer to British overseas citizens, British dependent territories' citizens, or citizens of British Commonwealth countries. Taiwan refers only to individuals who have unrestricted right of permanent abode on Taiwan and are in possession of an electronic passport bearing a personal identification (household registration) number. Note that Canada is not included in the visa waiver program scheme.

Round trip ticket means any return trip transportation ticket in the name of an arriving Visa Waiver Pilot Program applicant on a participating carrier valid for at least 1 year, electronic ticket record, airline employee passes indicating return passage, individual vouchers for return passage, group vouchers for return passage for charter flights, and military travel orders which include military dependents for return to duty stations outside the United States on U.S. military flights. A period of validity of 1 year need not be reflected on the ticket itself, provided that the carrier agrees that it will honor the return portion of the ticket at any time, as provided in Form I-775, Visa Waiver Pilot Program Agreement.

(b) Special program requirements -

(1) General. In addition to meeting all of the requirements for the Visa Waiver Pilot Program specified in section 217 of the Act, each applicant must possess a valid, unexpired passport issued by a designated country and present a completed, signed Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form.

(2) Persons previously removed as deportable aliens. Aliens who have been deported or removed from the United States, after having been determined deportable, require the consent of the Attorney General to apply for admission to the United States pursuant to section 212(a)(9)(A)(iii) of the Act. Such persons may not be admitted to the United States under the provisions of this part notwithstanding the fact that the required consent of the Attorney General may have been secured. Such aliens must secure a visa in order to be admitted to the United States as nonimmigrants, unless otherwise exempt.

(c) Restrictions on manner of arrival -

(1) Applicants arriving by air and sea. Applicants must arrive on a carrier that is signatory to a Visa Waiver Pilot Program Agreement and at the time of arrival must have a round trip ticket that will transport the traveler out of the United States to any other foreign port or place as long as the trip does not terminate in contiguous territory or an adjacent island; except that the round trip ticket may transport the traveler to contiguous territory or an adjacent island, if the traveler is a resident of the country of destination.

(2) Applicants arriving at land border ports-of-entry. Any Visa Waiver Pilot Program applicant arriving at a land border port-of-entry must provide evidence to the immigration officer of financial solvency and a domicile abroad to which the applicant intends to return. An applicant arriving at a land-border port-of-entry will be charged a fee as prescribed in 8 CFR 103.7(d)(4) of this chapter for issuance of Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form. A round-trip transportation ticket is not required of applicants at land border ports-of-entry.

(d) Aliens in transit. An alien who is in transit through the United States is eligible to apply for admission under the Visa Waiver Pilot Program, provided the applicant meets all other program requirements.

[62 FR 10351, Mar. 6, 1997, as amended at 62 FR 50999, Sept. 30, 1997; 64 FR 42007, Aug. 3, 1999; 67 FR 7945, Feb. 21, 2002; 68 FR 10957, Mar. 7, 2003; 73 FR 67712, Nov. 17, 2008; 73 FR 79597, Dec. 30, 2008; 75 FR 15992, Mar. 31, 2010; 77 FR 64411, Oct. 22, 2012; 79 FR 17854, Mar. 31, 2014; 84 FR 60318, Nov. 8, 2019; 85 FR 46925, Aug. 3, 2020; 86 FR 54031, Sept. 30, 2021]

[Montanan]

Clarification.

The B1/B2 visa requirement for arrival applies to entry to the States of the USA, as well as to the territories. Including the eastern and western coast states if heading south from Canada [as non-Canadians] in your private yacht.

Don't leave without one when going voyaging.

Albeit it appears that Canadians may have an exemption, their passport seems to be like a Golden Ticket [of Willy Wonka fame].

[jmschmidt]

A US flag vessel cannot be deigned entry into any US port of entry, including those in Puerto Rico, but local rules may involve being quarantined if such rules are still in effect. Let's hope they have all been dropped.

[donradcliffe]

I'm pretty sure the 1000's of Canadian boats in Florida have an exemption from the Visa requirement.

[davil]

I remember watching their Youtube episode on obtaining their visa.

https://sailingbritican.com/b1-b2-visa-for-sailors/

seems important the location a person will apply.