| Captains: Know the rules before clearing in |
ADVICE FROM CAPTAINS

Photo credi:t Attendees of The Triton 's April Bridge luncheon were, from left, Trevor Weavor (looking), Shane Wray of M/Y Milagro , Alison Rese formerly of M/Y Sharon Ann , Yves and Marta Verhoustraete of a 90-foot yacht, Stephen Pepe of a 95-foot yacht, and Jake Rese (looking). One other captain attended who did not wish to be photographed.
PHOTO/LUCY REED |
After two hours listening to officials from the U.S. Department of Homeland Security speak about yachting, a group of captains gathered to voice their thoughts on U.S. immigration policy toward megayacht crew.
As always, individual comments are not attributed to any one person in particular so as to encourage frank and open discussion. The attending captains are identified in a photograph on page A27.
The captains each had a story about a run-in with U.S. immigration officials, up to and including a denial of entry. They described incidents where they were permitted entry for anywhere from one week to the much-desired six months and everything in between.
One of the most confusing situations for them was the variation in admission for different crew on the same vessel. Most were encouraged by comments from Bruce Boswell, chief of U.S. Customs and Border Protection's Miami office, that a crew on legitimate business with documentation to support it should request a supervisor if they are not granted enough time to complete their work schedule.
Away from the seminar speakers, however, the captains spoke more candidly.
"I think that guy's dreaming [to say] call a supervisor," one captain said.
"It becomes a matter of how much do I want to push my luck?" said another.
"Sometimes it works," said a third. "Crying helps, too."
One captain brings a print-out from the U.S. Customs and Border Protection Web site that notes crew on private yachts need a B1 visa. (A similar one from the U.S. Embassy in Spain can be found at www.embusa.es/cons/nonimmigvisac1d.html.) That, accompanied by a letter from the boat outlining that crew member's duty and the yacht's itinerary, always works in getting crew the needed entry.
Still, challenging the CBP officers was not something they were all enthusiastic about.
"You're undermining these guys," one captain said about asking for a supervisor. "As soon as you question them, they're not just going to say, ‘you're right, come on in.'"
"But often they don't know the rules," said the captain who has his crew carry the print out. "These guys [on the panel] are right and their approach is correct, but their guys working the field don't do it that way."
"About 50 percent of the crew I see have a C1/D visa, which is for cruise ship and freight crew."
The captains did find value in the suggestion to come in during the afternoon of a normal working day.
"You never know what you're going to get when you come in on a Sunday evening, the guy knows nothing," one captain said. "Come in on a Tuesday afternoon and it's totally different. The guys doing the silly shifts aren't the sharpest guys."
"It all boils down to the individual officer," said another. "Even though they have rules, it's up to them. Their job is to see the red flags."
"So he told us to know the rules better and don't be intimidated to ask for a supervisor," a captain said. "It all comes down to how long you say the boat is going to be here. Until they start educating their officers, there's really no way to make sure you get six months every time."
What about a visa extension? Does that process work?
"I would never put someone through the extension process," one captain said. "It's less expensive and less hassle to go foreign. I've never had a problem. I give the crew the paperwork from their web site and a letter from me.
"Ultimately, the cost of replacing crew is pretty substantial," this captain said. "It's better to put them on a flight, spend a night in a hotel and come back."
"The industry standard is to pay that flight," another captain said. "Owners don't always know that, but this is part of the cost of running the boat here."
A few captains discussed how to make some changes in U.S. immigration policy as it pertained to the yacht crew. A march on Washington was suggested but not embraced, as was the idea of encouraging politically connected owners to step in.
"We as an industry, no one represents us," one captain said.
"People involved in yachting deserve better," another said. "If you come in on a B1 for yachting, you should get six months, no question."
"But it's hard to say we'll be here six months," a third said. "Things are always changing."
"And none of this ‘that's too much time' because it's not our call," one said. "The owners determine where and when we travel, and for how long."
The conversation quickly spiraled into a litany of questions that no one had the answers to.
"Why can't we get what the cruising permit is?"
"What's the problem with crew staying here? Look around at all the money these yachts spend."
"It still boils down to: It's the officer's discretion," one captain summarized. "They see the standard crewman visa as the C1/D, and that's 29 days."
Contact Editor Lucy Chabot Reed at lucy@the-triton.com.
Each month, The Triton invites yacht captains to lunch to discuss industry issues and trends. If you are a hired yacht captain and find yourself in Ft. Lauderdale on April 5 or Genoa , Italy , on May 4, e-mail Triton Editor Lucy Chabot Reed at lucy@the-triton.com for an invitation. Come be part of the conversation and meet your peers. Space is limited to eight.
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