US visa for foreign crew/guests

[Tom Hildebrandt]

Has anyone had any luck obtaining visas for foreign national to visit the US as guests/crew?

My friend and her daughter from Brazil were denied B-2 visas even though I wrote a letter explaining they were to fly into the US, cruise on my boat for three months on the east coast and depart by my boat for the Bahamas. The form letter they were provided stated that they did not prove that they intended to leave having once arrived.

Cheers

Tom

[Sabbatical II]

Originally Posted by Tom Hildebrandt

Has anyone had any luck obtaining visas for foreign national to visit the US as guests/crew?

My friend and her daughter from Brazil were denied B-2 visas even though I wrote a letter explaining they were to fly into the US, cruise on my boat for three months on the east coast and depart by my boat for the Bahamas. The form letter they were provided stated that they did not prove that they intended to leave having once arrived.

Cheers

Tom

No experience of America, but elsewhere I have purchased a return ticket to "prove" that I was leaving the country before cancelling the ticket and exiting by boat. So what does it prove? I'm sure that this is how many illegal immigrants do it.

[Tom Hildebrandt]

Thanks for the response, you are right, it does not prove anything. Leaving the country by private vessel is legal, and in this case, the intended travel was fully disclosed to the authorities, they just chose not to believe a US citizen. In my travels on Juno to multiple foreign counties, I have had many crew/guests come and go with only one way tickets, and the authorities always accepted my letter as valid proof.

I just want to find out how to have them visit!

[Pblais]

Being on a boat makes no difference. They need a Visa and can't get one. Contact your Congressman. They might expect you to vote for them when they run again.

[Tom Hildebrandt]

Thanks Pblais, but the form letter they gave her told her specifically not to contact such folks, or have others contact Senators and such, saying that it would not change anything. They also said she could apply again if she had new information, but since we do not know what is wrong, we do not know what to add or correct!

That is the issue that I am hoping to get advice; what does it take to convince them!

[Nemo55]

I went through the same rigarmarole just last month when i tried to cross the border from Canada to get down to San Francisco, i am a Landed Immigrant from GB which is a Visa waiver country, and have been in Canada since 1970 and never returned to the old country.
However, as soon as i mentioned that i was planning on leaving the US via my newly purchased Boat, things came to a screeching halt,and i was refused entry because of the transit by personal pleasure craft puts me into another category.
I now have to attend my local US Consulate after applying online and be granted an interview, and then bring all my proof of income, Family, birth certificates for my kids,,proof of residence,,complete trip plan including detailed sail plan.
To cut a long story short, i am not getting to my boat anytime soon, and while i can understand some of the demands, i am used to a far simpler time when we shared a friendlier common border prior to 9/11.

Your guests should provide proof of jobs back home,,also residences, anything which would necessitate their return to their homeland, as this is what the Border patrol officers want to see.
If they suspect any foot loose and fancy free tendencies, then your guests will inevitably be refused entry.
This is Bushes new world order, i wish it wasn't so, but this is the new harsh reality we have to live with, well,,at least until some more enlightened people decide to change the system.
Good luck to you and your guests.

[Sabbatical II]

Originally Posted by Tom Hildebrandt

Thanks for the response, you are right, it does not prove anything. Leaving the country by private vessel is legal, and in this case, the intended travel was fully disclosed to the authorities, they just chose not to believe a US citizen. In my travels on Juno to multiple foreign counties, I have had many crew/guests come and go with only one way tickets, and the authorities always accepted my letter as valid proof.

I just want to find out how to have them visit!

Has anyone thought of making the letter look like an "official" ticket with all the same details and layout that an internet airline or cruise boat ticket would have. The beaurecrats just have trouble thinking outside their little square. Make it look like a bought one with an official boat stamp!

A classic case with beaurecrats is when my 19 year old daughter returned to Australia from the states several months ago with 2 BB guns which I don't think are legal in Australia. On the Australian immigration declaration form on the plane she was asked if she had guns. She declared 2 handguns without saying what type. On the ground she went through the "something to declare" queue. She didn't even have to open her bags because the officials were too intent on checking the dishonest ones in the "nothing to declare queue". In Australia the government is baffled at where all the illegal guns might be coming from.

If you need to get around red tape you've got to understand how a public servant brain works and look for the gaping holes.

[Capt Phil]

Nemo55, I take issue with your political shot at a former administration. It is the Dept of Homeland Security who currently has the authority over domestic security in this country.
I have helped a number of non-US crew members obtain US visas since 9/11 for the sole purpose of assisting in the delivery of both sail and powerboats from foreign countries in to the US and from the US into Mexico and ports south.
The documentation required was a valid foreign passport, a Letter of Permission from the owner authorizing me, as Captain, to move the vessel from point A to Point B between certain dates, a letter from me requesting Mr or Ms X be granted a visa for the period of time of the delivery, a copy of ships papers and insurance. This was handled very efficiently both through Immigration offices in San Francisco, Los Angeles and in Anchorage, AK. Outside the US, I used the US Consulate office in Vancouver, Canada, San Juan, PR and Manzanillo, Mexico. It all depended on where the vessel to be delivered was lying. The longest it took to secure the necessary US visa was 3 weeks due to a paperwork screwup but usually within a few days.
My guess is that there are a number of folks trying any scheme possible to enter the US illegally and you are a victim of an immigration policy ill equipped to deal with the foreign national trying to enter from a border country of which you are not a citizen.
Not sayin' it's fair or convenient and we all yearn for the day when we can go back to the way it used to be.
Hope you get your problem resolved... cheers, Capt Phil

[Nemo55]

Once you are within US border security zones you are "Ipso Facto" under arrest until they say otherwise..also once you are refused entry you and your details are logged into Homelands security system,,and i don't think you want to screw around with those guys.
They require evidence that your guests will return to their country of origin or residence,,this is what they will have to satisfy with the personnel at the border and at the Consulate.
Things which suggest you have ties to your home and are likely to return are: Impending marriage you have to attend,, Medical procedures which are already booked,,Impending birth of a child or grandchild at home,,children or dependents who are relying on you for support,,An on-going Job at home or an employer who needs you.
A Business which will require you to return,,Birth Certificates of any children you have etc.,,,,i think by now you get the picture.

Finally you will have to prove financial solvency, in other words you or your guests will have to meet some minimum criteria for financial well being, bank records going back three consecutive months,also they are going to need proof of cash on hand.
The proof required will change with the situation as presented to the case officer.
Sounds like Big Brother right??? welcome to George Orwells 1984 or George Bushes New World Order.

[Nemo55]

Phil,
Your situation seems to be different since you are performing an employed task and are hiring crew to assist you.
I dont think the same criteria apply in my case or the OP's

I apologize if i have offended your political sensibilities, however it is my opinion and my personal experience i am sharing, and i stand by it.
In no way do i,,or would i ,,,try to offend the people of the United States.
beyond that, i am unwilling to get into a fencing match with you,, better left for a time when we have a bottle or two between us in a more jovial setting.
With Respect,and best Regards
Fair winds.

Nemo

Originally Posted by Capt Phil

Nemo55, I take issue with your political shot at a former administration. It is the Dept of Homeland Security who currently has the authority over domestic security in this country.
I have helped a number of non-US crew members obtain US visas since 9/11 for the sole purpose of assisting in the delivery of both sail and powerboats from foreign countries in to the US and from the US into Mexico and ports south.

Hope you get your problem resolved... cheers, Capt Phil

[Tom Hildebrandt]

Nemo/Phil This is actually 2012, Clinton actually put in place "kindler more gentle" rules in place to encourage more tourism from Brasil and has had 3 plus years to fix the wrinkles, so it is no longer a Bush policy! The presumption of this kindler and gentler policy is that anyone coming to the US is 'presumed to want to stay" and they must prove that they are going to leave.

Phil, I provided the detailed letter that set forth the itinerary that you suggested. We also secured permission from the father of the daughter which required the daughters travels to be finished in 6 months so she could return to school, plus a letter from the school saying the same thing. The lady rents and has a long term lease, which was discussed, but she just finished graduate school so she has no job (hence the free time for travel) and very little funds. Since I was sponsoring her, I thought this resolve these issues of financial responsibility. Apparently the interviewer just ignored my letter.

Phil, when you applied for crew licenses, were you actually able to chat with the folks at the consulate where the crew asked for a visa and had their interview? I was specifically told this was not possible, that the person asking for the visa had to be seen by the interviewer in person and without anyone else being present. What was the type of visa obtained B!,B2 or both or some other category? How long was the period of the visa that was granted? Was it multiple entry? Did the crew have to submit papers proving financial solvency and a need to return? (IE, proof of home ownership, income, job, family obligations, etc) What nationality were these crew?

Cheers

Tom