visa, denied boarding

[Tommy24]

We booked a cruise trip from Miami to Bahamas on Dec 21 2015 through xxx xxxxxx xxxx. Cruise line is Norwegian Sky. Our group includes my family and my-in-laws who are visiting us from China, they are Chinese citizens. At the check-in point, my-in-laws were prevented from boarding because their visa were "expired". But the truth is, their original B1/B2 visa issued by U.S. Embassy in Beijing,China expired on Oct 14, 2015, but when they entered U.S. on Oct 9, 2015, the stamp from Dept. of homeland security and customs clearly indicating their visa will be valid until Apr 8, 2016. But the port official refused to let them boarding anyway. They stated that my-in-laws can stay at U.S. until Apr 8, 2016, but can not go onboard because they need visas to Bahamas, but later on I found Chinese citizen does not need visa to Bahamas, see links below:

 

http://www.bahamas.gov.bs/wps/wcm/connect/bf838397-2677-410e-9987-87fa188e4966/Visa+Requirements+for+Visitors+Travelling+to+The+Bahamas1.pdf?MOD=AJPERES

 

 

So the story ended up with my wife and kids went on cruise, and I have to stay with my-in-laws at hotel in Miami for 3 days until cruise returns, since they are 70+ years old and we are 10 hours drive from home, it is too much hassle to drive back and forth. We not only waste money on the cruise trip, but also have to pay for 3 day's hotel stay. I sincerely want Norwegian Cruise line do some investigation on this and gave us some explanation. I did write to Cruise line to complain this, but so far there is no reply from them. Our planned holiday vacation was really ruined! What an experience!

Edited January 25, 2016 by Host Mama
Edited out travel agency name

[cb at sea]

I don't think this is the cruise line denying passage...but a government agency. The folks who check you in at the ship are NOT ship employees (despite their uniforms)...they are PORT employees. The wear different uniforms depending on the ship they're handling.

Edited January 25, 2016 by cb at sea

[MsTabbyKats]

It looks like they didn't need a visa, but needed a passport. Their visa was good for the US only.

[NLH Arizona]

I think your issue is with the US Government, the port and your TA, not NCL.

[NeurosurgeryNP]

I a sorry for your experience. I would also write to the port officials and maybe the embassy. While NCL may be able to help with an investigation, the port officials (Not NCL employees) ultimately decide on whether a person can board or not.

 

Maybe with the original expiration and extension it wouldn't cover them re-entering the US when the ship returned?

Edited January 25, 2016 by NeurosurgeryNP

[TrumpyNor]

I don't know how the rules are regarding holding a US tourist visa, as I come from a country in Europe where citizens don't need it. I do know, however, that when I am on vacation most countries even if they don't require any special visa in my passport DO require that the passport is valid minimum for 6 months AFTER the planned travel dates. Could this be the case also when you hold a tourist visa to the US and then do a trip (cruise) to the Bahamas?

 

Probably not, since NCL didn't give that reason, but I just wanted to mention the "6-months-rule" regarding passports, since a lot of people out there don't know about that - I have no idea how that works for a Chines national with a US tourist visa though, if it would fall in to the same "category" (that to be able to travel "out of USA" the visa would have to be valid until June instead of April 2016)...

Edited January 25, 2016 by TrumpyNor

[MsTabbyKats]

The point is that they had a visa valid for the US. A Chinese citizen needs a passport for the Bahamas...not a visa. OP is claiming they had a valid visa but doesn't mention passport.

 

In any case, it's not NCL's fault. As non-Americans they should have taken as much documentation as possible.

[All-ready2cruise]

OP, I'm sure this is a very disappointing situation for you and your family and am wondering if it's due this wording, "valid until Apr 8, 2016. But the port official refused to let them boarding anyway. They stated that my-in-laws can stay at U.S. until Apr 8, 2016, but can not go"

 

While your In-laws can remain in USA until Apr. 8th, they can't leave the US because if they do, they won't be allowed to re-enter the country following the cruise. I've heard of this happening to others and the only solution is to stay put until you're ready to go home.

 

Sorry for your disappointment and no, it's not the fault of NCL but still very sad for your family.

[Jeremiah1212]

Someone with access to Timatic would be the best source of reliable information in regards to the actual Visa requirement.

 

http://www.skyteam.com/en/Why-SkyTeam/Services/Visa-and-Health/ does have limited access to the database but I do not know if sea vs. air entry hold different requirements.

 

Although the limited information on the Bahamian government website says no Visa required, another reputable Visa service website states there is a Visa requirement. To me that's a red flag for concern there are varying circumstances or stipulations out there.

 

I would get to the root of the actual Visa requirement. If they were wrongly denied boarding I would contact NCL to see if they were willing to work through the circumstances, even though they are not the party at fault.

[asrivas]

imho all-ready2cruise has correctly identified the problem. you need a valid visa to re-enter the US.

[MsTabbyKats]

imho all-ready2cruise has correctly identified the problem. you need a valid visa to re-enter the US.

Yes...that seems to be the reason.

 

So, OP, you should thank them, because if they had allowed your in-laws to sail, they wouldn't have had the visa to re-enter. It expired on 10/14...and was extended only to allow them to stay in the country.

[toyotaford]

I agree with someone earlier who said your issue is not with NCL. We take employees on cruises often and on 3 different occasions we have had employees denied boarding and once had an employee required to leave the ship when we entered Canada. Non of the incidents had anything to do with NCL. The employee who was required to leave the ship had no problem getting on in NYC but had something on his record that would not allow him to stay in Canada. On one of the occasions where an employee was not allowed to board someone from NCL went with me to the security area to meet with the officials and see if there was anything we could do and I saw first hand that it was not a NCL decision on who gets on and off the boats.

[time2cruise1]

I believe the real problem was no visa for the Bahamas. US visa is not applicable.

[broberts]

The point is that they had a visa valid for the US. A Chinese citizen needs a passport for the Bahamas...not a visa. OP is claiming they had a valid visa but doesn't mention passport.

 

In any case, it's not NCL's fault. As non-Americans they should have taken as much documentation as possible.

 

I have yet to encounter a country that will issue a visa without first seeing a passport! The "stamp" mentioned by the OP was undoubtedly a stamp on one of the passport pages.

 

It is possible that the visa extension was granted to permit a longer stay. It may not have allowed for exit from the US and re-entry.

[pspercy]

the stamp from Dept. of homeland security and customs clearly indicating their visa will be valid until Apr 8, 2016.

 

Yes, they can stay here until then but cannot leave and reenter the US in the mean time. Visas are not routinely multiple entry unless they specifically say so.

[RDC1]

the stamp from Dept. of homeland security and customs clearly indicating their visa will be valid until Apr 8, 2016.

 

Yes, they can stay here until then but cannot leave and reenter the US in the mean time. Visas are not routinely multiple entry unless they specifically say so.

 

Exactly right. While Bermuda does not require a Visa for Chinese travelers, they must have a US multiple entry Visa in order to take the cruise. Once they enter the US on a single entry Visa they can remain for up to 6 months, but they cannot leave and reenter.

[triptolemus]

I sincerely want Norwegian Cruise line do some investigation on this and gave us some explanation.

 

They did give you explanation. I know nobody ever reads these things, but if you look at your CONFIRMATION.pdf document (and read it), you will see:

 

Documentation:

All guests require proof of citizenship for cruises that begin and end in the same U.S. port (a valid passport is strongly recommended). A valid passport is required for all other cruises. In addition to your passport, a visa may be required. Visa requirements vary by country and are subject to change. For the appropriate requirements based on your itinerary and nationality please contact your travel professional, local immigration office or http://www.ncl.com/traveldocs. It is the guest's responsibility to obtain required visas and other documentation prior to sailing, including vaccinations for infectious diseases.

 

And if you missed that, then on your eDocs -- the piece of paper you need to check-in to your cruise, you see that:

A valid passport is highly recommended for all cruises sailing out of a U.S. Port but required for all International sailings. In addition to your passport, a visa may be required. For the appropriate requirements based on your itinerary and nationality, please contact your travel professional, local immigration office or http://www.ncl.com/traveldocs. It's your responsibility to obtain any required visas and other necessary documentation prior to sailing, including vaccinations for infectious diseases.

 

So I dunno. Hard to blame the cruise line. Well, I guess it's easier to blame the cruise line than take responsibility for one's own travel documentation.

 

OP will never return to read or respond to any of the above replies -- all of which are spot on.

[jojosung]

B1/B2 visa.. means visitor visa.. which most likely mean when they arrived, your parents filled out I94 form. This is the arrival record form, whereby the Immigration official indicate the length of your eligible stay for this "visit". Based on your post, they are eligible to stay until April 8, 2016. This doesn't mean their visa is extended to April 8, 2016. Simply mean as long as they are in the US, they are eligible to stay until April 8, 2016. If they decide to leave the country for another country, it will constitute the end of their "visit". At which point, they will need to fill out another I-94, and a valid visa. However, your parents no longer have a valid visa, as it has expired on October 9th.

 

Honestly NCL, well really not NCL, but the port agent did you a favor for not having your parents board. Had they board and leave the country, you are looking at a very expensive, and stressful flight back to China immediately.

[canadianeh934]

B1/B2 visa.. means visitor visa.. which most likely mean when they arrived, your parents filled out I94 form. This is the arrival record form, whereby the Immigration official indicate the length of your eligible stay for this "visit". Based on your post, they are eligible to stay until April 8, 2016. This doesn't mean their visa is extended to April 8, 2016. Simply mean as long as they are in the US, they are eligible to stay until April 8, 2016. If they decide to leave the country for another country, it will constitute the end of their "visit". At which point, they will need to fill out another I-94, and a valid visa. However, your parents no longer have a valid visa, as it has expired on October 9th.

 

Honestly NCL, well really not NCL, but the port agent did you a favor for not having your parents board. Had they board and leave the country, you are looking at a very expensive, and stressful flight back to China immediately.

 

They can leave the USA for 30 days to Canada or Mexico during the 6 months on their Visa and can reenter the USA on the same B2 visa, any other country and it is considered to be a new visit into the USA and a new Visa is required.

 

https://help.cbp.gov/app/answers/detail/a_id/751/~/traveling-to-other-countries-while-in-the-u.s.-on-a-b1-or-b2-visa

[paulh84]

Knowing the entry status on their Visa alone would solve the issue.

 

Even with a valid Visa, on a B1/B2 Visa there are Visa's valid for only 1 entry and other Visa allowable for multiple entries into the US.

 

Under the "Entry" box on the Visa if is it marked with a 1 or an S, you can only enter into the US one single time. An "M" would allow multiple entries. Multiple entry Visa's are harder to obtain.

 

If they are single entry Visa, they were legal to enter the US upon their initial trip and stay until the expiration date, but they would not be allowed to leave the US, travel to a foreign country, and then enter the US for a second time. Expiration date is irrelevant in this instance.

[deladypilot]

I am truly sorry all of this happened and a wonderful vacation was ruined.

 

I have to agree with the others. The problem was re-entry. This should have been researched before the trip was booked.

 

If you discussed all of this with your travel agent before you booked the cruise, I would have a few words for them. If you did not then they did nothing wrong either.

 

It is my guess though that NCL will not be able to help you much as they can not see the documents unless you sent them copies and even then as others have said, it is not their decision who is denied boarding

 

I wish you luck as you investigate this

[SuiteTraveler]

I'm so sorry this happened to you. It is actually US Immigration who made the decision and the port person was acting upon the rules and regulations of US Immigration. It really had nothing to do with NCL at all. Your contract with the cruise line specifically states that passengers are responsible for getting any visas they need. Your inlaws failed to do that and it is what it is. I want to help you to turn this situation around and make the best of this situation.

 

First, I think it would help a bit for you to understand how very serious the situation was. Upon attempting to return to the USA after the cruise, your inlaws would have been detained, put before a judge either before or after they left the country, fined and deported by means of being put on a plane back to China (and they would have had to pay for their one-way plane tickets as well.) So you would now be trying to figure out how to get whatever belongings they left at your home back to them and possibly trying to figure out what to do with their original return flight tickets to China. After that, you would have to figure out if your inlaws would EVER be allowed to visit you in the USA again. Nothing can put a damper more on a vacation than members of your family being deported and not allowed to return to the USA for 5, 10, 20 years. What a mess that could have been! You may have spent the next several years trying to sort out this unfortunate mistake. Read this to understand all that could have happened:

 

http://www.nolo.com/legal-encyclopedia/how-long-after-deportation-must-i-wait-before-returning-the-us.html

 

I think given the situation, the port employee saved your family a lot of grief and you made the best possible decision to stay with your inlaws in a hotel during the cruise, especially since you felt they would not be able to manage on their own in the USA.

 

Try to think positively about this: At least no one died and no one was injured and no one got deported and can't come back to the USA for X number of years and that is what is really important if you think about it. You just lost some money and were disappointed. You also learned a big lesson and that's unfortunate but in the grand scheme of things, this, thankfully is not a life altering situation. You will not get any compensation for this situation, so it would be best to put this unfortunate situation aside and move on. The mark of great character and intelligence is when someone is put in a situation not of their own choosing, rather than wringing their hands and gnashing their teeth or moaning and groaning about how unfair things are, they choose to make the best of their situation. That is what has happened to you. Circumstances you didn't want have been forced upon you. It sucks, but it has happened. Choosing to overcome this situation immediately will endear you to your inlaws and it will pay off with your wife. Even if your inlaws are whining about this, take the lead and say "Alright, this is what we're going to do," and then go out and do it.

 

The best advice I can give you is to focus on making the best of your situation and enjoy Miami. You know millions of people vacation in Miami every year. it's not like you are stranded some place terrible. Ride the Miami Trolley, go to South Beach, take the Biscayne Bay Boat Tour, go shopping at Bayside Marketplace and eat out, go to Little Havana and have a Mojito and some Cuban food, drive down to Key West, go to the Everglades and take an airboat tour. Make the best of a bad situation. Turn this around so that you wind up having a wonderful time on your mini-vacation in Miami and your wife and her parents and you can compare your different experiences afterwards. Make this a fun story in your family that you will (eventually) laugh over and say "Remember that time we wound up on two different vacations?"

 

Take care and I hope you and your inlaws get out there and have a wonderful time in Miami this weekend.

[sail7seas]

OP......

 

This post sounds so familiar to me. It seems this might be an abbreviated version of the same incident that was posted either on HAL forum or Ask a Cruise Question sometime in the last 8 months or so.

 

OP, did you post this before and possibly forgot your 'nickname' or password? I'm just trying to confirm my memory is at least a little accurate. :o

 

Edited January 26, 2016 by sail7seas

[Sauer-kraut]

OP......

 

This post sounds so familiar to me. It seems this might be an abbreviated version of the same incident that was posted either on HAL forum or Ask a Cruise Question sometime in the last 8 months or so.

 

OP, did you post this before and possibly forgot your 'nickname' or password? I'm just trying to confirm my memory is at least a little accurate. :o

 

 

There was a similar thread but it happened on an Alaska cruise and the Chinese couple didn't have the proper visa then either. This might have been a year and a half ago.

[sail7seas]

Thanks. :) I knew it 'rang a bell'.