US non immigrant visa embassy advise

[Clearwater1]

Hey I posted on here previously with our challenges regarding trying to get a B1/2 visa for the US we purchased a boat here and are presently living onboard for a few years. In Florida Gulf Coast at the moment

We were given some good advise as we couldn't use our own US Embassy in New Zealand as it was closed.

So we applied to Nassau in the Bahamas we were going to sail over from Florida and all was going well until they have now said that there are no more appointments available! Plus have no time frame they can give us. Different to the info provided on the web site and when we first enquired.

We will still be heading that way soon because our ESTA visa for the US is only valid for 3 months. Exp end of March.

Would anybody have any recent experience of other Embassy in the Caribbean or close by who they have used recently.

It really puts us in a predicament.

Thanks

Rich and Odette

[JPA Cate]

Sorry for your troubles.

I've no immediate experience. There's probably an embassy in Florida somewhere. In your shoes, I'd line up all your paper ducks, then phone for an appointment to chat in person. Things are just so changeable, the websites don't keep up, and I'd suggest recording your phone conversation--get permission first--and also your visit, because you may need to document what time and date of appointment, and with whom you had the appointment, and what you were told.

The next step would be an immigration lawyer; I'm told sometimes that's the only way.

Ann

[boatman61]

I think its going to boil down to visiting one of these countries to make your application.. up to you which one to sail to..


https://www.onboardonline.com/supery...or-yacht-crew/

https://isucan.wordpress.com/embassies/

[SVTatia]

Originally Posted by Clearwater1

Hey I posted on here previously with our challenges regarding trying to get a B1/2 visa for the US we purchased a boat here and are presently living onboard for a few years. In Florida Gulf Coast at the moment



We were given some good advise as we couldn't use our own US Embassy in New Zealand as it was closed.



So we applied to Nassau in the Bahamas we were going to sail over from Florida and all was going well until they have now said that there are no more appointments available! Plus have no time frame they can give us. Different to the info provided on the web site and when we first enquired.



We will still be heading that way soon because our ESTA visa for the US is only valid for 3 months. Exp end of March.



Would anybody have any recent experience of other Embassy in the Caribbean or close by who they have used recently.



It really puts us in a predicament.



Thanks



Rich and Odette

Your ESTA is valid for two years, your stay is valid for 3 months and trips to Caribean, Canada or Mexico and back do not reset the 3 mos. stay. So the only choice you have to apply for the B1/2 is to fly rather than sail to another country, I think Bermuda, Canada or Mexico would probably cost less than others.

[Montanan]

So you left N.Z. without a B1/B2 visa. Well that is a pickle as to being able to entry by private vessel [non-commercial carrier].

Making an assumption that N.Z. is your place of permanent residence and nationality. The US embassy is in Wellington but such facility appears to not be processing visas; there is a consulate in Auckland.

Most embassies and consulates stopped processing visas during the last couple of years because of Covid they were not opened for face to face interview appointments. N.Z. likely being one of the few exceptions as to being able to stay open because of the extremely low incidences of Covid in New Zealand.

Okay, so you have an ESTA which will avail multiple entries by commercial carrier but not by your private vessel:

ESTA background info:

The US ESTA for New Zealand citizens is a visa waiver that grants authorization to enter the United States of America.
The Electronic System for Travel Authorization (ESTA) was designed as a way for eligible visitors to gain permission to enter the United States, while being screened for security purposes. New Zealand is one of more than 30 countries that can take advantage of the US ESTA.
Thanks to the ESTA waiver program, travelers can apply for their travel authorization online in less than 15 minutes. There is no need to visit an embassy, have an in-person interview with an immigration officer, or spend weeks waiting for approval, unlike many traditional visa programs.
Do New Zealand citizens need a visa for the United States of America?
New Zealand citizens do not need a visa if they are planning to visit the United States for the purposes of tourism, business, or transit.
However, they are required to have an ESTA travel authorization, as stipulated in the Visa Waiver Program.

The ESTA allows travelers to stay within the United States for up to 90 days. It is valid for 2 years from the date of issue, or until the traveler’s passport expires (whichever happens first).

The ESTA is a multiple-entry authorization, which means that visitors from New Zealand can travel in and out of the United States as many times as they would like within the allotted time period.

The ESTA is necessary for entry into the United States via a commercial flight or cruise.

BE ABSOLUTELY CERTAIN THAT YOU DO NOT OVERSTAY YOUR ESTA 90 DAYS, DEPART THE USA BY CLEARING OUT BY IMMIGRATION, AND RETURN BY COMMERCIAL CARRIER. IF YOU OVERSTAY, YOU LIKELY WILL NOT BE PERMITTED REENTRY AND YOUR ESTA WILL BE RESINDED AS WILL YOUR ABILITY TO GAIN A NEW ESTA OR ANY B1/B2 VISA. Departure by your private vessel without clearing out by US immigration will not provide proof your discharge of the 90 day limitation of the ESTA.
ESTA's are monitored by commercial carrier entry points and commercial carrier exit points, such as airports and cruise lines, they are not monitored by leaving from a private marina.

The B1 B2 US Visitor Visa is a nonimmigrant visa for persons desiring to enter the U.S. temporarily for business (B1) or for pleasure or medical treatment (B2) of citizens of other than the 30 ESTA available countries, and such visa is required for all entry to the USA by means of non-commercial carriers.

Applicants for US visitor B1/B2 visas must complete a DS-160 Form (US visa application) at the U.S. Consulate with jurisdiction over their place of permanent residence.

You should schedule an appointment for your visa interview at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at another U.S. Embassy or Consulate, but be aware that it may be much more difficult to qualify for a visa outside of the country where you live.

Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early.

The US State Department does not like what is called consulate shopping as to persons trying to process visas outside of the country they live in or are nationals of. Therefore, it is doubtful that Nassau or a Caribbean embassy or consulte will have jurisdiction for processing US visas for New Zealanders. You should have obtained such while in New Zealand, yes Covid has been disruptive but that does not change what the rules and regulations are. You likely will need to return to N.Z. to obtain a B1 B2 visa. Simple matter to hop a flight back to N.Z. to have a B1 B2 visa interview travelling via your ESTA, simple but long flight and expensive.

FYI:

The appointment wait time in Aukland is presently 38 days.


There is a conflict as to whether the Nassau, Bahamas embassy is processing visa applications.

One State Department website states the following:

The wait time for appointment for Nassau is presently 78 days.

While another website states:

US Consular Operations in Nassau:

American Citizen Services: The U.S. Embassy in Nassau is currently providing only emergency passport services; however, most adults qualify to renew their U.S. passports via mail or courier service to the U.S. Embassy in Nassau. Please see the Embassy’s webpage for more information.

Visas Services: The U.S. Embassy in Nassau is currently only providing emergency visa services. Many applicants with Turks and Caicos or Bahamian passports qualify for renewal of certain visa classifications by mail. For more information, please contact VisaNassau@state.gov.


The next closest country would be Santa Domingo, Dominican Republic which is NOT processing visa except emergency purposes. No appointments.

As to Mexico:

Non-Immigrant Visas

The U.S. Embassy and Consulates in Mexico have resumed limited processing of nonimmigrant visas. Applicants should expect a longer-than-normal wait time for this service and plan accordingly.
Non-Resident Applicants: Routine appointments for applicants not ordinarily resident in Mexico are not available at this time. Again B1 B2 visas are to be processed in the country of your permanent residence to which you have ties and will return.



You have indicated that you intend to live aboard for several years, that is a bit problematic as to issuances of a visa because it indicates a detachment from the place of your prior permanent residence to which the US State Department will want assurances that you will return.

You will be asked for evidence of:

The purpose of your trip,
Your intent to depart the United States after your trip, and/or
Your ability to pay all costs of the trip.

Evidence of your employment and/or your family ties may be sufficient to show the purpose of your trip and your intent to return to your home country. If you cannot cover all the costs for your trip, you may show evidence that another person will cover some or all costs for your trip.

Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad. Your choice to have gone vagabonding about for several years kind of makes checkered your permanent residency and ties abroad.

[Island Time O25]

See if you can book an appointment in either Mexico, Panama, DR, ABC, Barbados, etc. And then just fly there if they allow NZ cits ESTA type entry.

[Montanan]

A quick check of the appointment processing wait times for US B1 B2 visa appointments at a couple of the US consulates in Canada are:

Ottawa: 450 days
Toronto: 486 days.

So perhaps the middle of 2023, assuming no further delays due to Covid surges.

Again it is doubtful that being New Zealanders that the US facilities in Canada would accept jurisdiction to you.

Returning to New Zealand is complicated by the Covid protocols but may be necessary for you to pursue a B1 / B2 Visa. I suspect that you will have to be quarantined in Australia and / or New Zealand. No Joy. But at least you will be back in your homeland, good place to stay while awaiting the pandemic to reside. This year is looking to be 2020, too.

Reference: https://www.immigration.govt.nz/abou...y-requirements

New Zealand border entry requirements
Entry to New Zealand from all countries remains strictly controlled to help prevent the spread of COVID-19.

Entering New Zealand without going through managed isolation and quarantine
The government is planning a phased approach for travellers to enter New Zealand without going into managed isolation and quarantine. This plan will be reviewed in late February 2022.

Reconnecting New Zealand | COVID19.govt.nz

Step 1
In this step, fully vaccinated eligible travellers can travel to New Zealand from Australia, and undertake self-isolation, without going through managed isolation and quarantine. Eligible travellers will be required to have spent the previous 14 days in Australia and meet health requirements before travel.

Pre-departure tests to enter New Zealand | COVID19.govt.nz

Proof of vaccination for travel to New Zealand | COVID19.govt.nz

Eligible travellers include:

New Zealand citizens,
New Zealand permanent residents or resident visa holders,
Australian citizens or permanent residence visa holders where New Zealand is your primary place of established residence,
holders of a critical purpose visa (with a border exception), or
partners, dependent child/ren or parents of a dependent child who is:
a New Zealand citizen,
a New Zealand resident, or
one of the people listed in the bullet points above.
Eligible travellers who are not travelling from Australia can travel to New Zealand but stay in managed isolation and quarantine.

[mickand]

I applied to Nassau for a B2 back in September last year. At the time the waiting period for interview was 58 days. I agree that it's now gone up into the 70's but still consider it the Embassy with the shortest wait times.
I have an interview on Feb 17th, so it can be done, albeit with a wait.

[JPA Cate]

I'd like to comment at this point that the US requirement that the visa request be made from the country of national origin is not unusual. The French have had a similar restriction for longer term visas for Outremer.

[Montanan]

As to Bermuda:

The US Consulate General in Bermuda reports:

"The United States Consulate General has not yet resumed routine visa processing but is able to resume certain immigrant and nonimmigrant visa services. While we aim to process cases as soon as practicable, there may be increased wait times for completing such services when the service resumes."

Again unlikely that this consulate would accept jurisdiction to New Zealanders. And they will certainly give priority to Bermudans first.

One can look up other US consulate visa service status but I suspect you will find this to be the norm. Basically, no visas are being processed or only with extended wait times and only to permanent residents of the country the consulate resides.

[JPA Cate]

I'd like to point out that the US requirement that you apply for a specific type of visa is not an unusual requirement. The French had that requirement for their longer term (over 30 days) Outremer visa that applied to American passport holders, too. I don't know if it is still in effect, but it was for many years.

It is just one of those hoops that occasionally cruisers have to jump through.

Ann

[Montanan]

Originally Posted by mickand

I applied to Nassau for a B2 back in September last year. At the time the waiting period for interview was 58 days. I agree that it's now gone up into the 70's but still consider it the Embassy with the shortest wait times.
I have an interview on Feb 17th, so it can be done, albeit with a wait.

FYI:

As to the US Consulate in the Bahamas:

Reference link: [url]https://bm.usconsulate.gov/visas/[/url]

Applicants are encouraged to read this in entirety before scheduling your visa interview at Embassy Nassau.

Third country nationals are applicants who do not hold Bahamian or Turks and Caicos Islander nationality.

Embassy Nassau ONLY accepts interview applications from TCNs for the following visa categories:

Renewals for petition-based F1, H1B, J1, L1, M1, O1, P1, P2, P3, and R1 only when initial adjudication was conducted in applicant’s home country
Renewals for petition-based F2, H4, L2, M2, O2, O3, P4, and R2 only when the main applicant is renewing with the family member and the initial adjudication was conducted in main applicant’s home country
B1/B2 – first time and renewals
E3 – renewals only

Embassy Nassau will NOT accept interview applications from third country nationals for the following visa categories and cases:

Initial (first time) petition-based applications
Treaty-Trader Visas (E1 & E2) [Note: Embassy Nassau does not process E1 & E2 applications for any nationality.]
Applicants who entered the U.S. with a visa issued in their home country and changed status with the Department of Homeland Security in the U.S., i.e., seek a new visa in the new visa category
Applicants who entered the U.S. in one visa category and are seeking to re-enter the U.S. in a different visa category Added comment: By way of example, having entered the USA with a ESTA and then flew to the Bahamas to try to obtain a B1 B2 Visa.
Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s

Tips for Third Country Visa Applicants

It is a grave error for an applicant or an attorney to believe that applying for a visa in The Bahamas will be simpler or easier than applying in the applicant’s home country. If you hold a passport from a country besides The Bahamas or Turks and Caicos Islands be sure to check the website of the U.S. Embassy in that country for visa information specific to your nationality. A full list of U.S. Embassy websites can be found at https://www.usembassy.gov/. If you have no long-term status in The Bahamas or Turks and Caicos Islands (e.g. you are a visitor and not an immigrant, refugee, student or worker), the best place to apply for a visa is in your home country. U.S. visa law is the same around the world and we give applicants without a long term, established connection to The Bahamas or Turks and Caicos Islands extra scrutiny.

A visa application or appointment does not equal visa eligibility. Occasionally, applicants require additional, lengthy review, which may significantly delay travel to the United States by days, weeks or even months and would require the applicant to seek permission from the Government of The Bahamas to remain in the country while processing occurs. Some applicants may simply be ineligible. The applicant bears all responsibility for qualifying for a visa. There is no prescreening, interim visa or expedited processing. By seeking a visa in The Bahamas you confirm that you understand and accept full and sole responsibility for the outcome of your visa application. Successful applicants for work related visas should expect that it will take at least 7 to 10 business days for a visa to be issued, depending on processing time required. None of these times are guaranteed and all applicants should expect delays. Ineligible applicants cannot travel to the United States, even if they came from the United States and hold a still-valid Arrival and Departure Record (I-94).

[Montanan]

There is another Covid related wrinkle and risk as to international travel and visas.

In order to travel on an international flight one will need to have a recent negative PCR test result. To be able to board a flight to the USA, the negative PCR test must be within one day of the flight's departure.

If you test positive, you will not be able to board the flight and thus will be forced to remain in the country until you can test negative, which could be quite a while, usually an infection resolves within 10 days, but there have been many extended lengths of infections, even though the symptoms have been resolved.

Plan accordingly: Plan like you are restricted from any and all travel for extended periods of time, weeks or months.

You may not be able to promptly leave the USA and thus unable to discharge your ESTA 90 day visa and you might not be able to promptly return from whence you went to.

With omicron Covid variant breakthrough infections are routine even for those that are fully vaccinated and / or who have had Covid previously. And the newest variant of omicron appears to be upwards of 130 to 150% more infectious than the original omicron variant.

Now I suspect that the immigration officials would provide a bit of leniency to a non-immigrant person who overstayed their ESTA 90 days because of the inability to depart due to having become tested positive to Covid but which had booked a flight out of the USA and been denied boarding privileges. However, you will be faced with fighting against an automated computer record that indicates you had overstayed your 90 day visa. Fighting against an unforgetting, and unforgiving computer. But that certainly would require engaging with the US State Department officials promptly and they can be very hard to reach as the immigration personnel are backlogged and not taking face to face appointments except for emergencies. Definitely a Catch 22. If the computer denies reentry, you will need to find a person within the bureaucracy that will have the authority and inclination to override and provide permission to enter.

Plan to depart early, do not attempt a departure that is anywhere near your ESTA 90 day limit.

Since you entered by ESTA via commercial carrier, you will need to depart by commercial carrier, an airline. Do not depart by your private vessel.

Also, MANY flights are being cancelled due to airline staffing limitations due to Covid. So even if you have a flight, it may not depart.

This is nothing new or extraordinary. Travelling during a pandemic anywhere, for non-essential purposes, has been ill advised and remains so.

Travelling has been highly curtailed and remains so in many places, in particular as to New Zealand.

Stay healthy.

[Montanan]

I am unsure if this Covid related 30 day extension to the visa waiver program [ESTA 90 day visas] remains allowable. I suspect it would only apply to Covid travel related restrictions such as border closures, flight cancellations, or having become infected by Covid and thus unable to test negative with a PCR test to be allowed to board a flight departing from the USA.

The 30 day extension program was announced on April 20, 2020 at the very beginning of the pandemic.

Reference link:
https://esta.cbp.dhs.gov/assets/stat...eparturePR.pdf

News Release

CBP Offers Flexibility to Departing Visa Waiver Program Travelers
Travelers Affected by Coronavirus May Apply for Extended Term of Admission

WASHINGTON — U.S. Customs and Border Protection (CBP) announced today that Visa Waiver Program travelers who have been granted satisfactory departure may apply for an additional 30-day extension of their admission period if they remain unable to depart the United States because of the novel coronavirus (COVID-19).
The extension grants flexibility to Visa Waiver Program travelers who have difficulty returning to their countries due to COVID-19 related travel restrictions, flight cancellations or illness. Travelers who are granted satisfactory departure will have an additional 30 days to depart the United States after their lawful period of admission concludes.

Visa Waiver Program travelers may seek satisfactory departure by contacting:

1) Any local CBP Port of Entry or Deferred Inspection Site; or
2) The U.S. Citizenship and Immigration Services Contact Center.
Travelers should be prepared to provide their passport number when submitting their request.

Travelers generally must apply for satisfactory departure before their current period of admission expires.
Grants of satisfactory departure are made at the discretion of the reviewing CBP Officer.
Travelers who remain in the United States beyond their lawful period of admission lose their eligibility to travel under the Visa Waiver Program and may be subject to additional penalties under U.S. law.
The Visa Waiver Program enables eligible nationals of 39 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. Visa Waiver Program travelers generally are not eligible to extend their stay or change their status after arriving in the United States. Under current regulations, however, CBP in its discretion may grant periods of satisfactory departure of up to 30 days if an emergency prevents the departure of a Visa Waiver Program traveler.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

[Montanan]

About ESTA

https://help.cbp.gov/s/article/Artic...language=en_US

Electronic System for Travel Authorization (ESTA) is an automated system used to determine the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP) and whether such travel poses any law enforcement or security risk.

ESTA approval authorizes a traveler to board a carrier for travel to the United States under the VWP. Private carriers must be a signatory visa waiver program carrier. To view the signatory carriers, click on Visa Waiver Program (VWP) Signatory Carriers While CBP recommends that you apply at least 72 hours before travel, you may apply any time prior to boarding. In most cases, a response is received within seconds of submitting an application.

ESTA is not a visa. It does not meet the legal requirements to serve in lieu of a U.S. visa when a visa is required. Travelers that possess a valid U.S. visa may travel to the United States on that visa for the purpose it was issued. Travelers traveling on valid visas are not required to apply for an ESTA. In the same way that a valid visa does not guarantee admission to the United States, an approved ESTA is not a guarantee of admission to the United States.

Approved ESTA applications are valid for a period of two years, or until the passport expires, whichever comes first, and multiple trips to the United States without the traveler having to re-apply for another ESTA.

When traveling to the U.S. with the approved ESTA, you may only stay for up to 90 days at a time - and there should be a reasonable amount of time between visits so that the CBP Officer does not think you are trying to live here. There is no set requirement for how long you must wait between visits.

Travelers whose ESTA applications are approved, but whose passports will expire in less than two years, will receive an ESTA valid until the passport's expiration date.