Yellow flagging in USVI and Puerto Rico?

[fliti]

A while ago, I asked this forum about whether the public ferry visa run still works whereby one takes a ferry from BVI to USVI, obtaining a 90 day visa thanks to the visa waiver programme. I did not get a definitive answer based on recent experience.

I would now like to know whether the tried and tested technique of dropping anchor for the night, without going ashore, whilst flying the yellow flag, before proceeding on passage after a good night's kip, as practiced whilst island hopping up the Antilles, would work in US territorial waters such as USVI and Puerto Rico. Has anyone tried this and with what results, please?

 

[KellysEye]

The visa waver system is only available for flights we had B1/B2 visas that give unlimited access to American territories for 10 years. It is possible to get a short term visa if you get get a ferry to St Thomas from the BVIs. If you arrive in territorial waters and anchor you must clear in immediatley otherwise you risk a fine, obviously when customs and immigration are closed at night you can wait until they open, the pilot book normally says what time, don't hang about you might have been spotted.

 

[AndrewB]

Never tried this, though I have anchored off PR after checking out. My experience is the US CBP gets decidedly twitchy about liberties being taken with their formalities. Claim 'right to innocent passage' if you wish, they'll reply that in US waters you are 'a yacht under US jurisdiction and subject to US laws'.

However, I think you'd get away with it in the Spanish Virgins and maybe the big yacht anchorages in PR where you wouldn't draw attention. I wouldn't though try it in USVI except by parking right outside the CBP post on St John after it's closed (so as to look as if you are waiting) and then leaving very early. Certainly don't try it in an isolated bay, where you will look suspicious. Nighttime patrol boats are regularly out there, I've been challenged by USCG both off USVI and PR.

 

[KellysEye]

>I've been challenged by USCG both off USVI and PR.

We got challenged by a customs boat in the BVI's in Trellis Bay.

 

[fliti]

Thanks for the answers, everyone. "Yellow Flagging" does not sound like an option. I'd still love to hear from anyone who has recently taken the ferry to USVI from BVI, picked up a 90 day visa thanks to the VWP and returned in their yacht to USVI and whether they still needed to clear immigration as opposed to customs.

 

[TQA]

Yellow flagging in US waters.

You might want to remember that the US Border guys watch for such behavior using powerful radar units mounted in ballons. See http://www.gvrhc.org/Library/AerostatRadarSystem.pdf

Big brother is definitely watching you.

 

[KellysEye]

> I'd still love to hear from anyone who has recently taken the ferry to USVI from BVI, picked up a 90 day visa thanks to the VWP and returned in their yacht to USVI and whether they still needed to clear immigration as opposed to customs.

Doesn't matter which county you arrive in, even with visa, you must clear in with immigration and customs. If you have time I'd suggest getting a B1/B2 visa.

 

[capnsensible]

Thanks for the answers, everyone. "Yellow Flagging" does not sound like an option. I'd still love to hear from anyone who has recently taken the ferry to USVI from BVI, picked up a 90 day visa thanks to the VWP and returned in their yacht to USVI and whether they still needed to clear immigration as opposed to customs.

Would love to say it was recent but I did that successfully.......eight years ago!

 

[john_q]

> If you have time I'd suggest getting a B1/B2 visa.

It is not that hard to get one.

Recent examples
December 2015 Belize 4 days wait for an appointment,
February 2016 Guatemala 1.5 weeks for an appointment

Do not be surprised if the people at the US embassy do know about the requirement if you are on a sailing boat

 

[bjl]

I took the ferry from BVI to USVI in April 2014 and had my 90 day multiple entry visa within a few minutes of disembarking. I could have returned to BVI on the same ferry.

I didn't try island hopping, as you described. Later I sailed from BVI to Culebra, where I cleared in and was issued with my US Cruising Permit. I also visited Puerto Rico where I also cleared in.

Having got your visa, the States require you to enter at a port of entry. You must announce your boat's arrival and you must clear in according to the instructions you receive when you announce your arrival. If you are discovered at anchor or having left an anchorage without reporting your arrival and clearing in you risk a substantial fine for a first offence or even deportation without your boat. You must subsequently report your vessel's movement within US territories.