Aliens on US boats. Process and law?

[goeasy123]

There are clear instructions for foriegners arriving in, and sailing in US water on foreign flagged boats. These instructions are not clear about foreigners flying to the US, buying a boat in the US and sailing it in the US, with trips in and out to Canada and The Bahamas.

We are from the UK, doing the Great American Loop, we have B2 visas, the boat will taken off USCG documentation and State registered in Rhode Island. It is currently in Florida. It will be removed from Florida within 90 days under the local tax exemption rules and will not be in any state for any length of time that might attract state taxes.

What do we need to do when we leave the US on the boat? What do we do when we return? Is there anything we need to do with the authorities while we're sailing around the US? Should we use the CBP ROAM app? If so what information do we enter?

We have spoken to CBP staff, but they weren't any help.

Any facts or opinion would be most welcome??

[wholybee]

As a foreign national, you might or might not be able to get the boat registered in Rhode Island. It probably won't be a problem, but double check it. However, I would expect problems leaving the US with it. Technically, it isn't allowed for anyone to leave the US in a state registered boat. But, US citizens can get away with it because Canada and the Bahamas are close neighbors. A foreign national on a State registered boat, travelling with it outside the US is asking for trouble. You also have potential issues obtaining an FCC license for the radio.

[goeasy123]

Originally Posted by wholybee

As a foreign national, you might or might not be able to get the boat registered in Rhode Island. It probably won't be a problem, but double check it. However, I would expect problems leaving the US with it. Technically, it isn't allowed for anyone to leave the US in a state registered boat. But, US citizens can get away with it because Canada and the Bahamas are close neighbors. A foreign national on a State registered boat, travelling with it outside the US is asking for trouble. You also have potential issues obtaining an FCC license for the radio.

Rhode Island is happy with us registerig there.


There is nothing on the application for a ships radio license that asks for the nationality of the applicant. Why do you think there might be an issue?

[Fore and Aft]

Go Easy I think you need to get the answer in writing from the different embassies.
Back in 1997 we sailed from Canada in our Canadian registered yacht to the USA. Easy trip via Main Duck island. Imagine our surprise when we met the immigration officer at Oswego and were put under boat arrest. Luckily the officer was happy for us to spend the night without leaving the boat tied to the dock and sail back to Canada the next day. I can still remember the lady at the USA embassy telling me New Zealanders don't need a visa for short travels to the USA. Which was true, but the caveat was as long as you didn't arrive by a yacht. Two days later back in Canada we hired a car drove to the USA border got our passports stamped and that was all we needed to sail back to Oswego and enter the country. We never ended up going back to the USA as I was offered a great boat repair job in Ontario.
Cheers

[goeasy123]

Originally Posted by Fore and Aft

Go Easy I think you need to get the answer in writing from the different embassies.
Back in 1997 we sailed from Canada in our Canadian registered yacht to the USA. Easy trip via Main Duck island. Imagine our surprise when we met the immigration officer at Oswego and were put under boat arrest. Luckily the officer was happy for us to spend the night without leaving the boat tied to the dock and sail back to Canada the next day. I can still remember the lady at the USA embassy telling me New Zealanders don't need a visa for short travels to the USA. Which was true, but the caveat was as long as you didn't arrive by a yacht. Two days later back in Canada we hired a car drove to the USA border got our passports stamped and that was all we needed to sail back to Oswego and enter the country. We never ended up going back to the USA as I was offered a great boat repair job in Ontario.
Cheers

We're good with the people movements with the B2 as confirmed by the US embassy in London. The issue is with process and law relating to the boat.

[boatman61]

I was told by C&I in Moorehead City (2005) that my Hunter 37c was free to come and go regardless of its new SSR (UK) reg as the boat was regarded more or less like a US citizen.
If however your boat was built outside the USA it's a different matter.

[pcmm]

Originally Posted by Fore and Aft

Go Easy I think you need to get the answer in writing from the different embassies.
Back in 1997 we sailed from Canada in our Canadian registered yacht to the USA. Easy trip via Main Duck island. Imagine our surprise when we met the immigration officer at Oswego and were put under boat arrest. Luckily the officer was happy for us to spend the night without leaving the boat tied to the dock and sail back to Canada the next day. I can still remember the lady at the USA embassy telling me New Zealanders don't need a visa for short travels to the USA. Which was true, but the caveat was as long as you didn't arrive by a yacht. Two days later back in Canada we hired a car drove to the USA border got our passports stamped and that was all we needed to sail back to Oswego and enter the country. We never ended up going back to the USA as I was offered a great boat repair job in Ontario.
Cheers

U.S. imigration is full of contradictions an miss information (on their boarder patrol part)

2 quick stories.

When we travelled to the U.S. in 2017 (with the intention of going to the bahamas) we "entered" at rochester (a mistake) and successfully cleared in but spent 2 days getting my Cruising license because apparently the Office we spoke to that was connected to Rochester had never heard of it or it didn't exist or many other reasons. I spend 2 days on the phone calling back and getting transfered to agents until I eventually got my License. Even then I was given vague information about "reporting" We were told to call in when we arrived at a new CG district. When I asked where those were along the erie canal and hudson they were unable to provide information on that!

This past summer we sailed across the lake to wilson on a club cruise, one of our friend was denied entry because he was missing a i-94. Despite driving to the boarder a couple of weeks before to get the appropriate documentation (He's austrailian), getting the docs he needed, only to find that when he cleared in he was missing the i-94 and that it likely hadn't been issued to him because something about when you drive across the boarder, the clearing in process automatically completes that document.

the U.S. is a tough place to understand when it comes to their clearing in process. Its a bit thrid world with different rules depending on where you clear in and who you take to and what shift they are on!

[leecea]

We're good with the people movements with the B2 as confirmed by the US embassy in London.

Remember that the visa is just the right to try and enter the US. U.S. immigration at the port of entry makes the decision as to whether you can enter and for how long.

I also found this on Google but I have no experience of how it is enforced:

Permits to Proceed
One misconception is that *noncitizens can get around the strict rules of Coast Guard documentation by simply state titling and registering their boats. Unfortunately, it isn’t that simple. To avoid confusion, a noncitizen’s vessel can be titled/*registered in most states, but the vessel will not have freedom of movement. United States Customs treats vessels based on their nationality. A state *registered/titled vessel does not have a “flag” or nationality, so if a vessel is not foreign flagged or documented with the Coast Guard (U.S. flagged), then it assumes the nationality of its beneficial owner. Hence, a noncitizen’s boat, if titled and registered in Florida, is considered to be a foreign vessel, and is thus treated as such. In this case, a vessel must obtain something called a “Permit to Proceed” from U.S. Customs in order to move from port to port. Failure to follow these regulations can result in fines or even seizure of the vessel itself. As such, foreign citizens typically choose to register their boats in other jurisdictions to avoid customs formalities by obtaining a U.S. cruising license.

[goeasy123]

OK... Here's what I've been told by someone that should know. But haven't tried it yet.



First: Don't ask a CPB officer. They will not know and will make a ruling which may not suit you and may not be right.


Register the boat in a state that allows foreigners to do so and has zero sales tax and a long 90 day sojourn. You may never visit that state. RI is good. Assign the boat in the CPB ROAM app saying it is state registered in RI entering USA in the country of registration box. There's a separate box for Flag country. Enter your nationality country from a pick list. Persumably, this triggers an application for a Cruising License and an application for a DTOP ticket. You need to sign on to another site to get the DTOP and a number to enter into the vessels details on the ROAM app.



Enter the master and crew details into the ROAM app.