Quote:
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.
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