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Rumors about Customs and Border Protection in Fort Lauderdale
Janine
Posted: Wednesday, November 3, 2010 8:15 PM
Joined: 02/05/2008
Posts: 392


Rumors are running rampant in Fort Lauderdale that Customs and Border Protection has been interrogating crewmembers walking the docks during the Fort Lauderdale International Boat Show. It’s been said that three South African newbies looking for work were deported on Friday, October 29 and there are reports that more than 20 crew walking the docks or dayworking had been deported over the course of the previous week. Upon hearing this, one training company sent one of their employees to the docks dressed as a yachtie decoy to investigate the situation and she was immediately approached by CBP at a marina.

 

There is another story of two crewmembers who were walking the docks when a CBP official basically jumped from the bushes to interrogate the crewmembers. One was an American with all of her paperwork in order; the other did not have the correct paperwork and was taken in for questioning for two hours.

 

During one of the YachtInfo seminars at the show last week, a CBP official was asked about the increased presence on the docks and at the show. The official responded that they were simply doing what they were always meant to be doing by patrolling the marinas. He claimed that during FLIBS, they were on vessels inspecting trash for illegal international garbage.

 

During this seminar, a crewmember working on board a foreign-flagged vessel spoke to the CBP official, mentioning that the week prior to the show he was stopped by a CBP officer. The crewmember said he only had a temporary driver’s license on him as the captain keeps the crew passports and paperwork. The crewmember was subsequently subjected to an interrogation that lasted over an hour before he was allowed to go back to his boat. The question was raised as to what crew should carry on them to prove their legitimacy.

 

Has anyone experienced this situation first hand?


Anonymous
Posted: Thursday, November 4, 2010 1:26 AM
Its CBP - Customs and Border Protection http://www.cbp.gov/ Border Patrol falls within CBP
14Freedom
Posted: Thursday, November 4, 2010 4:07 AM
Joined: 16/04/2009
Posts: 155


Hey Dockwalk,

As a Moderator of Dockwalk, "It's been said...", "There is another story...", "a CBP official literally jumped from the bushes..." is pure conjecture/hearsay. The question you raise about what foreign crew should carry for ID is bogus. This is about CBP doing their JOB.

Of course the American crew was not detained as she is AMERICAN in AMERICA; she does not need "paperwork" except for a government issued ID (and if you are American or a Legal Alien you know what ID it takes to get ANY Government issued ID). The "other..." was detained because she could not show proper papers that she was here legally. Probably a call to the Captain if she was working LEGALLY would have sorted it out in short order, unless - she was not LEGAL. Anyone allegedly deported was deported for a reason, namely they lied to the authorities either before arrival or while here.

CBP jumping out of the bushes??? If you have ever spent time at Bahia Mar, Pier 66 and all the other venues at the show, ALL the parking lots are lined with palms, bushes and other fauna along with a ton of cars and people cruising about. Whom ever told you the above either just didn't see them coming or had a few too many at any of a number of parties. As far as one training company sending a "decoy" to assess the situation, they were only protecting their own interests...and all the $$$ they make by "training" foreign crew.

What a farce...CBP was doing their JOB and you report "rumors". When you get the facts, report those. Try calling CBP and asking.

As for ANYONE traveling outside their own country; always make copies of your vitals, carry them with you and keep the ORIGINALS in a safe place. It's called Traveling 101.

As for US Customs and Border Patrol. THANK YOU for doing your job...just as they should in every other country.

ATB-
The Slacker

kapt_mark
Posted: Thursday, November 4, 2010 5:15 AM
Joined: 30/06/2008
Posts: 81


should they not be doing something a bit more useful than trash inspections for 'contraband' meat products such as inspecting cargo planes coming from YEMEN!

Septic tank
Posted: Thursday, November 4, 2010 6:49 AM
Joined: 02/11/2009
Posts: 79


Legitimate crew that arrive and leave on the same yacht bring business in, as do the yachts they work on. I just hope Customs and Immigration can distinguish between legitimate crew and feral transients that clog up the local taverns, use drugs, and cause trouble. There is an element that simply needs to go.
Anonymous
Posted: Thursday, November 4, 2010 1:20 PM

Of course, it's conjecture and hearsay. Dockwalk is just raising the question if these rumors are true. And it seems like a very legtimate question to me. If indeed, yachties are being stopped on the docks  and questioned about their intentions and some are being deported then that's a first in the history of yachting in Fort Lauderdale and worth knowing about.

 

I was also at the seminar when the crewmember asked CBP about proper identification. I think it's another good question. For instance, Americans come in many accents; how do you prove you're even American? A driver's license is not proof of residency. And carrying a passport everywhere is not practical...very interesting...


Janine
Posted: Thursday, November 4, 2010 1:56 PM
Joined: 02/05/2008
Posts: 392


14Freedom,

 

As I wrote I my post, I am just commenting on rumors. I did have the opportunity to speak to the CBP at the Fort Lauderdale International Boat Show, but they would not confirm nor deny these rumors.

 

I want to hear from crew who are out on the docks and I want to know what they are experiencing. I am not debating whether CBP is right or wrong in doing their job.

 

Lastly, how can an American citizen prove her legitimacy without her paperwork? Because she has an “American” accent? There are many U.S. citizens with accents from all around the world. You can’t assume that the crewmember who was questioned was not American as even he needs to prove himself. When you fly into the U.S. from a foreign country, the CBP doesn’t just take your word for it, as they should not. You must prove your legitimacy with documentation. The same situation will play out on the docks of  various marinas
hullothere
Posted: Thursday, November 4, 2010 4:19 PM
Joined: 16/06/2008
Posts: 6


I don't get it.... When I have travelled abroad, I Always carry a copy of my Passport, and Entry paperwork on me at all times. I also have a form of ID there as well. I get questioned in Foreign countries about why I am there. As an American, I expect the CPB to be doing this, as well as tossing thousands of illegals outside of the US every year. I do not agree with all of this policy, but it is the LAW. Mexican Labor in the lower trades is far superior than that of the US Laborforce. " No complaints, hard work, a good wage met with outstanding production etc... The yacht Laborforce shows much the same, with top notch personnel who are NOT Americans, and I would love to hire, but can not while in US waters. In yachting, the labor force does not understand, nor follow JONES Act restrictions, as well as what a B1-B2 Visa is all about. It is a Visitor's Visa, not a work Visa. I hate turning down great, qualified individuals to work with me on my Commands, but that is the Law. I have written to our local Congressman like many others, but to get changes to Law takes money, not complaints. Bring these issues up with your Clients, and have them make the calls to Congress to correct this. We need a proper Crew Visa available, and a repeal of sections of the Jones Act. Only then, will you find that CPB will have better things to do than "Harass" those in Yachting.
14Freedom
Posted: Thursday, November 4, 2010 6:47 PM
Joined: 16/04/2009
Posts: 155


Hi Janine,
You ask-

Lastly, how can an American citizen prove her legitimacy without her paperwork? Because she has an “American” accent? There are many U.S. citizens with accents from all around the world. You can’t assume that the
crewmember who was questioned was not American as even he needs to prove himself.

An American, green card holder or resident alien is issued a Social Security number by the Federal Government. You do not need to carry it with you, but when approached by any agency/agent who has to know (CPB, Police, IRS, insurance company, etc.) you have it memorized. Anyone with a "right to know" can verify who you say you are in moments.

That's how ANYONE who is here (unless coming in legally on/to be employed by a foreign flag - pertaining to the yachting industry) proves they are here legally.

ATB-
The Slacker

Chief
Posted: Thursday, November 4, 2010 7:55 PM
Joined: 02/06/2008
Posts: 341


"We need a proper Crew Visa available, and a repeal of sections of the Jones Act."

 

Which sections have you got in mind?


Anonymous
Posted: Thursday, November 4, 2010 10:45 PM
I can confirm not only that the CBP were checking vessels at the show but that they were referencing a "list" which contained both vessel names and the names of crew. The CBP were clearly responding to specific information given to them by someone. What a shame that someone is naive enough to think that protectionism is the way forward. lets just hope that the same attitude is not shared by our buddies in the med next year.
rodsteel
Posted: Thursday, November 4, 2010 11:18 PM
Joined: 25/06/2009
Posts: 277


It is just a nit, but I think you will find that the agents in question belonged to ICE (or should have since I don't think FLIBS was a "port of entry" ).

 

"Unlike the Bureau of Customs and Border Protection (CBP) and the U.S. Border Patrol (USBP), whose jurisdiction is confined to law enforcement activities at ports of entry and along the border, the Bureau of Immigration and Customs Enforcement (ICE) special agents investigate immigration and customs violations in the interior of the United States."

 

Rod

 

P.S. I would be surprised if they deported anyone with a valid I-94 who was just walking the show.


Anonymous
Posted: Friday, November 5, 2010 6:45 AM
Why can't there be a yacht crew visa in the USA and Europe?
Anonymous
Posted: Friday, November 5, 2010 10:50 AM
Janine wrote:. It’s been said that three South African newbies looking for work were deported on Friday, October 29 and there are reports that more than 20 crew walking the docks or dayworking had been deported over the course of the previous week.

If it was the 3 South African kids I met at the Triton party 3 weeks ago they only had C1/D visa's. No guesses why they were asked to leave.

Daniel Levine
Posted: Friday, November 5, 2010 12:01 PM
Joined: 05/05/2010
Posts: 10


Hi There,
I trust that you are well.
Im a keen newbie in this yachting industry, so I decided to explore it further and as a result obtained my RYA Day Skippers, RYA Powerboat Level 2 and STCW'95 Tickets.
 I am keen to go try find work in Fort Lauderdale, but being South African this proves to be difficult.
How would I go about doing this seeing as I don't have a work permit or anything of the like. Any advice, suggestions would be highly appreciated.
I look forward to hearing from you.
Kind Regards,
Daniel Levine

Janine
Posted: Friday, November 5, 2010 3:11 PM
Joined: 02/05/2008
Posts: 392


This email was sent to Dockwalk by a yachting industry professional who legally works in the South Florida, but is a foreign national:

 


 

On September 4, 2010, I visited Bahia Mar Marina in Fort Lauderdale to take photos of boats for a photo contest I am participating in.

 

At about 10:30 a.m. local time, while walking on the docks, I happened to pass by two U.S. Customs and Border agents.

 

After exchanging greetings with them I continued my way, but they decided to stop me and I was asked to provide identification. I showed them my valid Florida Driver License, which the female officer eventually took. Shortly after, she started making phone calls - most likely to verify my identification.

 

The male officer started asking me questions about my Immigration status and if I had an I94 form, passport or work authorization card with me. I also was asked if I work in the States and the purpose of my business on the marina premises.

 

As my work permit had been stolen from my car once, I stopped carrying original documents with me. As far as I am aware, this is not yet required by the Florida State Law. Although, the male officer told me that I must carry my immigration documents with me at all times.

 

After checking my driver license the officers did not seem satisfied and the male agent placed a few more calls to his supervisor, during which I was asked numerous questions about my history in the U.S., including nationality as well as questions of personal matter, such as previous employment and marital status.

 

At some point the officers had a short conversation in Spanish between each other, most likely to prevent me from understanding how the situation was progressing. Eventually, I was released after those agents made notes for their records of my home address and my employer’s information.

 

I was basically detained outside on the dock and exposed to a very hot weather, while the interrogation continued for almost an hour. A few crewmembers of a nearby docked happened to witness  the scene and after I was released they asked me what this all was about.

 

For the record, I don’t know what provoked the Border agents’ action as Bahia Mar is an open marina and one of the Fort Lauderdale tourist destinations.  I also provided them with a Valid Florida Driver License which they must be aware that one is not possible to obtain without having a legal status in the U.S.

 

This entire experience was very stressful and intimidating for me. I was advised to carry with me at least copies of all paperwork, proving my legal status in this country. But how can I feel as a free person in this country anymore if I should anticipate similar scenarios to occur unexpectedly, anytime, anywhere I go?


Daniel Levine
Posted: Friday, November 5, 2010 3:59 PM
Joined: 05/05/2010
Posts: 10


Hi Janine,

Thank you for your response on the matter.

Your situation is one that scares me, and further is exactly what I do not want to happen to me as a South African in foreign territory.

I understand that by doing day work, this can possibly lead to full time employment on one of these boats.  Ive been advised to go over to the USA on just a B1/B2 Visa. Is this correct?

This prompts me to my next question being how does one go about doing daywork in FL without worrying what is going to happen if an officer comes up to you and asks for your papers and why are you in the USA?

Theoretically, wouldn't one need to get a work-permit to take part in day work activities?
How would one obtain this?

I look forward to hearing from you as your advice is highly appreciated.

Best Regards,
Daniel Levine

Azzag
Posted: Friday, November 5, 2010 6:07 PM
Joined: 05/02/2009
Posts: 9


It is illegal to daywork on any vessel unless you are a citizen or hold a green card. To work on a foreign flagged vessel in US waters legally you must be on the vessels crew list that is lodged with the authorities. When you leave that vessel your name should be taken off the crew list, it is the captains responsibility to do this.
Anonymous
Posted: Friday, November 5, 2010 7:11 PM
What is it excactly your getting at? Who cares if a couple of South Africans get deported. What they are doing is illegal.Do you think yachties should get special treatement? If they round them all up out of the crew houses,all the better. You didn't say anything about the poor little mexicans picking up the gardage at the boat show. Jeez I wonder if they had a green card.You liberal fool.Your the reason why this country is in such a shables!!
Anonymous
Posted: Friday, November 5, 2010 7:30 PM
I don't ever really reply to these posts, I enjoy reading them, but feel strongly about the whole immigration/yachting scenario. I think it is important that each country continues to protect their immigration policies and us as 'professional' yachtsmen/woman respect them. If we don't, I think we are just causing issues for ourselves in the future. It is important that we tell others (the newbies) to respect these rules/policies to. Unfortunately many training institutions send the newbies out there blindly and don't really care about them after they have made their money off of them. I think many of them advise them wrongly to, especially about daywork. I am an SA citizen, been in the industry for a while now, and always been trying my best to stay on the right side of the immigration rules. If in any doubt I contact the right people and find out the relevant rules. It does piss me off when I speak to my fellow country men and yachties from other countries to find out they are overstaying their 'welcome' in the country (hoping to land a job), because I know that every time somebody gets caught they are cutting the line shorter for the rest of us, Kiwis, Australians, Brits, Saffas, etc. In the economic times we are experiencing at the moment it is understandable that Borders Controls are clamping down and rightfully need to protect the rights of their own citizens. @14Freedom......you raise valid points and appreciate your opinion.
junior
Posted: Friday, November 5, 2010 7:35 PM
Joined: 14/01/2009
Posts: 1026


Daniel Levine , there is no correct answer to your question . Working in another country is not permitted. It unfortunate but true. The stress you are presently seeing in Ft Lauderdale is the same in all of the major yacht ports. Years of poor behaviour by captains, crew, daywokers, agents, owners has infuriated the locals. Armies...that's correct ..ARMIES..of irregular crew, workers are present in all the major ports. Locals have said enough is enough. Perhaps once captains reform their behavior, assemble crews whose nationality is representitve of the countries they operate in, then the situation will quite down. There is no correct answer to your question.
Anita Warwick
Posted: Friday, November 5, 2010 7:52 PM
Joined: 15/05/2008
Posts: 37


It's a few years ago now but  an English friend did have to leave USA as a result of CBP visiting a Ft Lauderdale boatyard.   She was stopped coming out of Bradford's gate and asked for papers, if she was working etc.   She thought she was legit as she was day working on a foreign flagged vessel. The BCP accompanied her to her home to get her passport.  She had a B1/B2 visa but when she last entered USA , B2 was circled - tourist entry.   As one is not permitted to enter on a tourist visa and seek work she was to be deported.   She sought legal advice from Immigration attorney Harry Polatsek (he's been great at helpoing yacht crew.)    His advice was to opt for voluntary deportation which gave her 30 days to get herself together and leave.  A single mum, she had a house in Ft Lauderdale and a young son in school - so lots to take of in 30 days!   After she settled back in England she realized that life is easier there for a single mother and is happy to be gone from USA..        
Anonymous
Posted: Friday, November 5, 2010 8:00 PM
It really amazes me that anyone questions the actions of border patrol or immigration in ANY country. There are people out there WHO WANT TO KILL US. It is the responsibility of the governments of the free world to protect its citizens. If you are in a port, before, during or after an international boat show and someone stops you for papers and ID, better have it or be prepared to explain why you do not. If you are illegally here, goodbye! Do the right thing, the right way, no issues. CBP officers know the value of the yacht industry. They are not trying to kill it, just trying to make sure that no one else does. Jeez....
juliuspollard
Posted: Friday, November 5, 2010 8:24 PM
Joined: 22/10/2010
Posts: 1


I've been in fort lauderdale a month now. Came here legally on a boat which I am employed full time. I have been approached 4 times now by cbp, 2 of the time they initially spoke to me in Spanish. I don't speak Spanish plus we are in america the official language here is English. So they should start with that. Luckily I have had my passport close by otherwise I'm sure it wouldn't turned into a very long process to determine if I was here legally or not. They boarded my boat at the boat show, only thing they found that wasnt in accordance with the law was the half empty bottle of Havana club rum. Which they poured down the sink. It's hypocritical that them being of Cuban origins. This I know for a fact cause he had it embroidered on his back pack are hunting contraband from their own country. They got 20 cigars off the boat next to me. Good job cbp keeping the country safe. Cuban rum and cigars are dangerous things....
Anonymous
Posted: Friday, November 5, 2010 8:35 PM

I understand all the points made here about following the rules, and the law is the law, etc. But really, what are we South africans to do, and as a matter of fact the Aussies and kiwis too. We make up a good part of the industry - not so easy to find a job in our countries. Do all you really think we should just stay out of yachting? Is it only allowed for Americans, EU nationals and Caribbean islanders? sucks for us.


Capt J
Posted: Friday, November 5, 2010 8:48 PM
Joined: 24/10/2008
Posts: 6


I saw 3 CBP officers at the boat show on Saturday.  They walked directly to a 60ish' Sportfish that was foriegn flagged and for sale and were talking to the broker.  It was a non-crewed boat.  My guess was that it out-stayed it's cruising permit or something to that effect. 

You have to be here legally and have a work visa in order to legally work in the US, or any country for that matter.  If ICE or CBP deported someone for illegally working here, well hey, they are doing their job and the people are breaking the law. 

If someone is visiting a foriegn country they are supposed to carry their passport at all times in that country.  Just like an American is supposed to carry their driver's license at all times when they are driving a car.  It's the same anywhere, not just here.  Americans are still supposed to carry a government issued ID, however they can be looked up in the system pretty easy.

 


junior
Posted: Friday, November 5, 2010 9:21 PM
Joined: 14/01/2009
Posts: 1026


No easy answer anonymous. SA's, Australians , Kiwi are great crew and part of the whole fabric of yachting. It makes me sad that so much fuss is being made. Also remember that its your responsibility to behave thoughtfully. When I see yachts who operate on the classic Europe North American circuit and they have 100 percent Aussie, Kiwi, Sa crew, something is wrong. It unecceptable no matter what Flag privilege the yacht carries. Its not just Ft Lauderdale. I know Italian , Spanish, French crew who resent the loss of opportunity. Always remember , as you make your way thru your yachting career and rise in position to hire people ..... favor local candidates for crew.
Fishermanrelaxed
Posted: Friday, November 5, 2010 9:33 PM
Joined: 30/06/2010
Posts: 7


Well here we are again. Are govt runs the boats out to fly flags of convenience,,now this,,,Lloyoooods.... of london dropping american crew because of health care.Hell I have a 1600 ton ticket and cant find a job.Were is it going to stop?? what happened to the good ole...days???
Planet Massage & Chef Mark Lohmann
Posted: Friday, November 5, 2010 9:51 PM
Joined: 23/05/2008
Posts: 10


I still do a trip now and then and did a little gig a couple of months back on a 140 foot American flagged boat. After a few trips down the ditch, a team boarded us at the dock here in Lauderdale and required "paperwork" on everyone. I'm American and didn't particularly care for this, personally.
Amy
Posted: Saturday, November 6, 2010 12:28 AM
Joined: 15/09/2008
Posts: 1


Wow! What are South Africans meant to do?! I have been put on a crew list after entering the country on a B1/B2...how did my Captain manage to get me on the crew list when he presented the officials with the passport of a girl who entered the country on a B1/B2? There is a HUGE loop hole in the system...I luckily got through it without even realizing that I was on the wrong side of the law!

Anonymous
Posted: Saturday, November 6, 2010 2:00 AM
I saw the CPB on the docks in Michigan this summer checking out forigen flagged vessels. They said something about "Operation Small Fry" Read about it here: http://www.14usc89.com/2010/07/nyt-reports-on-at-sea-immigration-stop/. So this is not only happening dockside but out on the water...Funny that when asked for my ID on my last USCG boarding they did not want my TWIC card and laughed that I pulled it out..
THANKYOUCBP
Posted: Saturday, November 6, 2010 2:56 AM
Dan Dan Dan! the Man! Thank you baby! thank you and those who give a damn for reaching out to the media over illegal gainful employment. GOD BLESS YOU and God Bless CUSTOMS! and i don't care how trivial...how nutty i come across, there is a God over this green Earth. Someone made Customs give a damn yet again, at least for now. I don't know if this just is something that is just periodic or every once in a while as in the past that eventually dies down...before the same DAMN ISSUE happens year after year...BUT MAN O' MAN, I am just so elated that someone from ICE or CBP gave a shit to monitor our marinas in S Florida. Thank you for caring, CBP. Thank you. I'm out of the game, I'm in NYC struggling to survive working every day, but sir and mam, you've made my day...or perhaps year. THANK YOU ! Now, can we find a way do this more purposeful and on a daily basis with respect to the patroling marinas in South Florida...can we please have secured marinas with respect to curbing illegal gainful employment. Do this for our American captains...our young Americans who want to work in this industry with heart and soul along with pride. American Customer Service is prime, baby, you can't deny that. We need more educated American yachties...we need more American captains to put that American mojo in this biz yet again. because when you're gone, CBP, the same always prevails....dayworkers/candidates riding their bikes and gaining work illegally...and then discrimiating those Americans, particularly young Americans who are wanting so much to be a part of this very industry. An American fueled industry as it has been. Please, CBP, don't LEAVE us yet again. God Bless.
Daniel Levine
Posted: Saturday, November 6, 2010 6:07 AM
Joined: 05/05/2010
Posts: 10


@ Anonymous, Thank you very much for your insight into this topic as you are an SA citizen yourself, and I'm assuming that you were too once a newbie too facing the same issues I currently am. The case in point here is that I DO NOT want to enter Fort Lauderdale or any other foreign country for that matter without the correct and relevant papers, as Ive heard by doing day work this can possibly lead to a full time job. This brings me to my next point being that of I want to do the right thing, the right way, so I face no issues in this process. Do I need to apply for a B1/B2 Visa as well as a work permit, as I do not know how long my 'job hunt' will go on for?

Ive also heard talk of getting on the crew list which will in turn make one a legal employee on one of these boats. Is this possible to do from South Africa? Would one need to do a further qualification perhaps? Maybe a course in becoming a chef or something of the sort. At least this way, one would obtain some legal paperwork to where you are going, so as a result not just walk the docks blindly hoping to find some day work that could land them a full time job on a vessel.

So this leaves me with the question, how do South Africans (like myself) gain employment legally?

Any advice, comments or suggestions are highly appreciated.

Kind Regards,
Daniel

Anonymous
Posted: Saturday, November 6, 2010 11:05 AM

Dear Dear Dear, what a pathetic mess this has all become. Nothing was broken, yet authorities in their wisdom have dreampt up that all this mess needs to be fixed. It was all tootling on quite fine thank you very much, that is until some doo gooder American beurocrat, xenephobic, customs and border protection agency and a few dozen dumb jobless Americans got paranoid and went ballistic. Yes all yacht crew are potential terrorists, yes all yacht crew are taking Americans jobs. But are they guilty of either....NOPE. Throughout history people have gotten jobs because of various reasons, qualifications, experience, location, language skills, colour, creed, visas...the list goes on. Now you are trying to change history? Good luck amigos.

I am very sad to see the American authorities and a few dozen Americans reacting like this, the yachting world in America will get what it wants, a very small nucleous of crew who are not able to provide enough qualified people to man the yachts that fly the American flag, or even man the foreign flagged vessels in your waters for that matter. Don´t forget, alienate the very people who to date have supported you, be prepared for total alienation and forget about the world outside your little bubble called America. Don´t forget also, it is America who created all the terrorism in the world and the constant retaliations we see on a daily basis. You have reacted and made the rest of the world pay for your actions, now you are hurting the wrong people. Yacht crew are not the ones who you need to be targeting. Concentrate your money and efforts in the right areas. The Ft Lauderdale International boat show will be known in the future as the Ft Lauderdale Americans only boat show.


JD
Posted: Saturday, November 6, 2010 11:26 AM
Joined: 14/05/2010
Posts: 6


I love these posts...you really get to see them all come out of the woodwork. 14Freedom=Debbie, I'm almost sure of it... If the border patrol are doing their job then good news for any country...if their doing it right then even better. If it's true then a lot of people are going home as I know I get asked daily by 2-5 people if I have any day work available...and none of them are "American" whatever that means in 2010. Better yet fly home now on good terms with the US and CBP and maybe later you can re-enter while actually working on a yacht...if you're deported and try to get back in I'd be surprised if they let you in regardless of your work/visa status. If your're SA work in SA or on a SA yacht...if you're a noobie and looking to get into the industry find another line of work as this industry is full...in fact it's so full of new recruits that people offer to day work for free just to get a foot in the door. I'm not "American" but have to agree with the actions that are being taken and hopefully the end result, even if it means more Americans in the industry....hell I even have a token yank working for me now...lolz.
Anonymous
Posted: Saturday, November 6, 2010 1:38 PM
http://www.workpermit.com/us/employer_b1_b2.htm Check it out.
14Freedom
Posted: Saturday, November 6, 2010 2:07 PM
Joined: 16/04/2009
Posts: 155


Hey JD,

14Freedom/The Slacker is NOT Debbie. Even Henning can attest to that!

Anonymouse, ...America created all the terrorism...??? You lost any credibility in your post with that one, no wonder you post anonymous or people would question your reasoning abilities.

I have never been against foreign crew, just the ones who do it ILLEGALLY.You should go back in the forums to "Hire Americans" and "EEOC is Looking". This is a problem that has been festering for a long time now, the wound is still open and infected by those attempting to skirt the law. CPB wouldn't be deporting ANYONE, if their status and actions were legal.

ATB-The Slacker

keepingitreal
Posted: Saturday, November 6, 2010 4:44 PM
Joined: 22/08/2009
Posts: 9


What is the rule/law regarding the following scenario; You enter on a BI (on a boat) and then leave that boat in the US. Upon searcing for work you find a new boat in the US. Is this "illegal" to jump straight on. Or you should, say, go to the Bahamas for 1 night and come back in to the states equipped with ships papers. Esentially what I am asking is. Does the B1 stamp only apply to the yacht you come in on. I have done this several times in the past.... now after reading these posts, not quite sure. I want to work the grey area to my advantage. This a very common scenario.
rodsteel
Posted: Saturday, November 6, 2010 7:42 PM
Joined: 25/06/2009
Posts: 277


keepingitreal,

 

I believe the governing document is the I-94 Arrival-Departure Record (or equivalent "stamp" on a crew list?).

 

http://en.wikipedia.org/wiki/Form_I-94

 

Technically, I believe, if the I-94 status includes the name of the yacht, then you would have to file an I-539 (or exit and re-enter with appropriate docs - which would be cheaper) to change the name of the yacht.

 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

 

By the way, I also believe that as long as foreign crew are carrying some form of picture ID (preferably their passport or a copy) and their I-94 (or a copy), that would "suffice" for ICE purposes (assuming it has not expired).

 

Rod

 

P.S. 14Freedom - the view of who is ultimately responsible for the current rise in "terrorism" is one of "perception" - I think you will find that, in a large percentage of the world, there is a perception that the foreign policy of the US over the last 100 years has played a significant role in the process (especially in the middle-east).


Daniel Levine
Posted: Saturday, November 6, 2010 8:09 PM
Joined: 05/05/2010
Posts: 10


Hi Rod,

I currently hold a few tickets which are relevant to the yachting industry.  I have investigated the possibility of myself as a South African seeking work in FL, and my research has informed me that this isn't the correct way to go about this as day work there is deemed 'illegal' because I'm a South African citizen.

Can you give me any advice or suggestions for me (as a South African citizen) to partake in day work activities of this nature which could possibly lead to full time employment? Would I need to get a work permit or something of the sort first?

Any comments/suggestions or feedback will be highly appreciated.

I look forward to hearing from you.

Kind Regards,
Daniel



Pascal
Posted: Sunday, November 7, 2010 1:02 AM
Joined: 23/11/2008
Posts: 42


To those crying about alleged harassment, persecution etc... I have one simple question: as a US citizen, can I legally fly France, Australia, new Zealand, SA or Mexico On a tourist visa / entry and look for work on a boat or elsewhere? Simple yes or no question... If no, why do you all expect to be allowed to do this here in the US? Personally I think CBP should pay more attention about the 13M illegals we have inthe country but it doesn't mean that foreign nationals on tourist visas should be allowed to seek employment in the US regardless of flag
rodsteel
Posted: Sunday, November 7, 2010 3:13 AM
Joined: 25/06/2009
Posts: 277


Daniel Levine wrote:
Hi Rod,

...my research has informed me that this isn't the correct way to go about this as day work there is deemed 'illegal' because I'm a South African citizen.

...Would I need to get a work permit or something of the sort first?

...Daniel


Daniel,

 

First, you are not illegal because you are a South African citizen. Every foreign national that visits the US and is working (with or without compensation) without the correct "work permit" is considered "illegal".

 

Second, a Google search of "US work permits" will point you to web sites with the information you desire (here are two to get you started) 

 

http://travel.state.gov/visa/temp/types/types_1271.html

 

http://www.visapro.com/Immigration-Articles/?a=291&z=48

 

However, the short answer is, if you are not a US citizen or US permanent resident, there is no "work permit" that will allow a foreign visitor to "day work" on yachts in US waters (unless you change your I-94 status via an I-539 as described above or unless you have entered the US on the crew list of a yacht or via a US port of entry on a B1 visa with a letter of employment for a specific yacht or marine equipment related company - and then you can only work on that specific yacht or type of equipment).

 

Sorry,

 

Rod


 


Daniel Levine
Posted: Sunday, November 7, 2010 6:13 AM
Joined: 05/05/2010
Posts: 10


Hi Rod,

Thank you very much for your feedback with regards to my question.

Further I take it that if one is caught partaking in 'illegal day work' activities, this is a serious offense and one could face all sorts of problems thereafter?

I see that you mentioned that one can change their I-94 status via an I-539. Would this be the answer then? My next question is how does one get on the crew list of a yacht? I am assuming that this is an extremely hard thing to do?

Am I correct in saying that put simply, us South Africans on South African Passports can't really get into this yachting industry?

I look forward to hearing from you.

Thanks again,
Daniel

Anonymous
Posted: Sunday, November 7, 2010 8:31 AM
Someone on this board should just come out and say it: There is no way, repeat: NO WAY to get get a work permit/work visa to the US just by applying, unless you're willing to wait years for a (negative) reply. Furthermore, if you do apply and then decide to come in as a tourist there's a good chance you'll be denied entry and be made to turn right back. No one will believe you are just visiting. Call me paranoid, but it's probably not a good idea to post this topic with your full name and photo. They can google too. So what do you do? Come in as a tourist, stay under the radar (be smart about it: no traffic violations, no pissing off landlords, keep your status to yourself at all times Etc). What do you risk? Deportation and denial of entry for 10 years, might be detained for a while. It will be a good story either way. Exercise stealth.
junior
Posted: Sunday, November 7, 2010 9:03 AM
Joined: 14/01/2009
Posts: 1026


You are wrong Anonymous, Daniel is articulate, intelligent, honestly asking the correct question and he is putting his face and name next to it. Good on you Daniel. Don't ever let anyone discourage or tell you you cant do anything in life. These paranoid, xenophobic, overfed yachties on Dockwalk are telling you that they OWN the scene, its their world and back off. I suggest to you to understand whats being said. Being an international sailor is a challenge. Great White Sharks in the sea Daniel, they can eat you. In places like Ft Lauderdale the Great Whites have massed, climbed out of the sea and are hiding behind bushes...be aware. Be aware that many of the major yacht ports are challenging for yachty insurgents Be aware that Superyachting is challenging for international guerrillas.. A superyacht crew is under skilled, overfed and overpaid. They get ferocious when you approach their feeding zone. For you, look for backdoor entry into the business. Look for the sub superyacht class, look in secondary ports. look for positions in which the yacht has intense schedules and high crew burn rate...be street smart and make sure that the gang of mates you meet on the road are going in the correct direction. And by all means..MIND YOUR MANNERS and always be the perfect guest in any country you operate in. If you think its tough for a SA to work the scene, you should meet my Isreali friend...Whoa, that guy is tough and is always forced to swim upstream ,against the rapids, in shark filled waters. .
Anonymous
Posted: Sunday, November 7, 2010 2:12 PM
We need a damn Crew Visa, as mentioned closer to the beginning of this thread. All us non-Americans have to do a little illegal daywork to start off. That may never change, But once we are crew on a yacht, technically not earning money or living in the US on a foreign-flagged vessel (but spending all our money here!), we deserve a break. TO have to fly to the damn Bahamas and run a gauntlet of angry, hardened Customs officials EVERY 3 MONTHS!! to simply maintain a living in a profession we love is ridiculous. Some of the comments here by some Americans are borderline racist. We non-Americans provide some of the best work ethic and service in the industry. We work very hard and have been brought up to do so. We belong in this industry. And I know first-hand that even American owners want a multi-national crew, not one full of Americans. In a time where America is failing in the world economy, we should be welcomed with open arms. The yachts spill millions into the economy, and the crew hundreds of thousands of dollars a season. We ARE NOT taking your jobs, Americans. We all hand our CVs in and the Captain/Mate/Chief Stew decides the BEST candidate for the job. And a lot of the time it is not an American. Sorry, but that is the truth. Some of my best friends are Americans, and they agree. I love this country, don't get me wrong. But we are being hard done by. A petition needs to be setup to support a yacht crew visa, similar to the cruise ships, to allow us non-threatening, non-terrorist, honest people from a different country to work and not be hassled to do so. I call for Dockwalk to get one started and tens of thousands of names and signatures to be passed on to the right people to give this a chance. LETS MAKE A STAND!!
junior
Posted: Sunday, November 7, 2010 3:13 PM
Joined: 14/01/2009
Posts: 1026


A crew visa ...the ability for young people to see the world on yachts would be a great idea !! How would you make it work ??? How would you avoid abuse ? Understand that the only reason people in Ft Lauderdale or any other major yacht port are presently jumping up and down screaming ..ENOUGH IS ENOUGH...is because the present system has been abused and the locals ...day workers, contractors, crew ...are telling you this.
Pascal
Posted: Sunday, November 7, 2010 3:35 PM
Joined: 23/11/2008
Posts: 42


"All us non-Americans have to do a little illegal daywork to start off. That may never change,"

then do your day work elsewhere... it's like saying... "all of us mexicans have to do a little day works on the farms to start off, then we shoudl be entitled to a green card and a "path to citizenship".


I agree that foreign crew who comes on board a foreign flag vessel in US waters should not have to jump thru hoops to renew their visas while they are employed on the vessel and the vessel remains in US water under a cruising permit. As long as they are employed they should be allowed to fly back home on vacation and come back on the same visa to rejoin their vessel. Should they loose their jobs, they should be allowed to stay for a limited amount of time to transfer to another foreign vessel.

but to say that foreign nationals shoudl be allowed to come in on a "crew" visa and then seek employment while in the US is a different issue and i don't think that should be allowed.


Chief
Posted: Sunday, November 7, 2010 4:09 PM
Joined: 02/06/2008
Posts: 341


"A petition needs to be setup to support a yacht crew visa, similar to the cruise ships..."

Be careful what you ask for. There already is such a visa, it is far more restrictive than what you might have now, and I am sure many Americans would be delighted to see it applied to your and your mates.

As far as yacht crew deserving special treatment, I can guarantee that you won't find many Asians or Eastern Europeans flying into Miami as tourists so they can walk the docks looking for work as a bartenders, deckhands, or dishwashers on a cruise ship. Some of them are just as attractive and enthusiastic as you are. Why do you think you are more deserving of a "chance" than they are?

junior
Posted: Sunday, November 7, 2010 5:09 PM
Joined: 14/01/2009
Posts: 1026


Cheif, what you say is completely logical, correct and is how the world works. Yachting can be no different. In the little port that I winter there are no irregular workers...the domestic stock of crew , workers, contractors always equals the demand. What happens when the demand exceeds the supply ? This is the situation in all the major yacht ports . Young people would not come if there was not a demand. Without these young " irregular " people satisfing seasonal demand many yachts could never accomplish the job.
 
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