clearing customs in Boston MA

[MartyB]

Hey guys!

Still trying to find a workaround for my French skipper to sail with me from Martinique to Boston next month.

Reading through some information, I found this:

« As long as a person’s FIRST entry into either the USA or USA protectorates is by commercial carrier (i.e. Ferry or plane), then the 90 day visa obtained on arrival grants legitimate entry to subsequent re-entry on a private yacht. »


So my understanding is that, if a French citizen that has a ESTA clears customs in St-Thomas arriving by ferry from the BVI, he can then leave St-Thomas and go to Bermuda and then re-enter the US in Boston as long as it’s within the 90 days of that same visa he obtained in St-Thomas ? Am I understanding this right ? If so, we will make a stopover in the BVI to allow him to go get stamped…

Let me know if you guys understand this the same way I do ?

Thanks all!

[hasse_A]

Originally Posted by MartyB

Hey guys!

Reading through some information, I found this:

« As long as a person’s FIRST entry into either the USA or USA protectorates is by commercial carrier (i.e. Ferry or plane), then the 90 day visa obtained on arrival grants legitimate entry to subsequent re-entry on a private yacht. »

Where did you find this information ?
Is it on an official document published by the US government ?
If so I would perhaps trust it. Otherwise I would not.
Be prepared to show it.

The CBP-officer you meet has a lot of freedom to make his own decision.
The BVI - USVI trick is an anomaly but hopefully the CBP will accept it.

[s/v Jedi]

Originally Posted by hasse_A

Where did you find this information ?
Is it on an official document published by the US government ?
If so I would perhaps trust it. Otherwise I would not.
Be prepared to show it.

The CBP-officer you meet has a lot of freedom to make his own decision.
The BVI - USVI trick is an anomaly but hopefully the CBP will accept it.

Pretty sure they accept this in PR but not so sure about Boston MA…

[Montanan]

Originally Posted by hasse_A

Where did you find this information ?
Is it on an official document published by the US government ?
If so I would perhaps trust it. Otherwise I would not.
Be prepared to show it.

The CBP-officer you meet has a lot of freedom to make his own decision.
The BVI - USVI trick is an anomaly but hopefully the CBP will accept it.

A Google search found that at Noonsite.

Reference link:

https://www.noonsite.com/report/accu...ering-the-usa/

It is written as an anecdotal report of a cruiser.

[Montanan]

Another reference:

https://sailingmirabella.com/2021/05...aiver-program/

Snipet:

The Visa Waiver program option
So, we searched for alternatives and found various information of cruisers who entered the US with just a Visa Waiver. They all did this in the Caribbean and the story goes like this: You sail to the BVIs with your yacht. You complete an ESTA. Then, from the BVIs, you take a normal ferry to the USVI, get your Visa Waiver for 90 days and return to the BVIs.

Next day or later you sail to the USVI with your own boat. As you possess already a Visa Waiver everything is in order and no B1/B2 Visa is required. The stay is limited to 90days from your first entry.

As we were in Bermuda when the problem with the closed Embassy arose a simple sail to a US Port of Entry with a ferry was not possible. However, we could fly to the US and return to Bermuda within days and then sail to New York.

Unsure if this is really a correct way of entering I asked the US Embassy in Bermuda and they pointed my to the official Customs and Boarder Protection website. But the website was not overly clear and left some room for interpretation in either direction.

How we actually did it
We decided to give it a go anyway. We filed in our ESTA, got it approved and flew to Atlanta for two nights. Visa Waiver and corresponding I-94 obtained. A weather window to sail to New York opened shortly after we returned back to Bermuda and so we set sail immediately.

Before we left we filled in the electronic Notice of Arrival/Departure (eNOAD) and once we arrived we reported our arrival via the Customs and Border Protection App ROAM. Everything as per the book.
Within hours after arriving we got the information from Customs and Border ”You and your crew have been cleared to enter the U.S.’





Additional reference - BVI to USVI

https://www.bvitourism.com/travel/arriving-by-sea


Snipet:

If you are not either a US or Canadian citizen, and are entering the USVI waters on anything other than a commercial carrier (ferry, airline, etc.), you must obtain a visitor's visa. Visitors from the UK and all other countries should consult their local US Embassy prior to arrival in the British Virgin Islands to determine what is required to obtain the proper visas for crew wishing to exit the BVI by yacht.

As of January 31, 2008, U.S. Citizens travelling by sea may be required to present a valid passport or other documents as determined to enter or re-enter the United States. Visitors from other countries may also require a visa for entry.


Another reference:


https://www.yachtingworld.com/practi...borders-124151