Flying private to Puerto Rico or the US Virgin Islands

Puerto Rico and the US Virgin Islands are both American, and the federal rules treat them differently. Puerto Rico is inside the US customs territory. The Virgin Islands are outside it. Both are covered by a USDA agriculture check on the way back to the mainland. Three questions with three answers, on one trip: documents, customs and what you can carry home.

The short version

• Documents: a US citizen flying directly between the mainland and either territory needs no passport. A stop in a foreign port changes that.
• Customs: a flight home from the Virgin Islands is a customs arrival. A flight home from Puerto Rico is not.
• Agriculture: USDA inspects both territories’ departures for the mainland, and most fresh fruit, vegetables, flowers and plants in soil are not allowed.
• The Virgin Islands have a duty allowance of $1,600 a person, with no minimum stay.
• A hop to the British Virgin Islands is an international trip, whatever the rest of the itinerary is.

Do you need a passport to fly private to Puerto Rico or the Virgin Islands?

Not if you are a US citizen and the flight goes straight there and straight back. CBP’s guidance says citizens travelling directly from a US territory are not considered to have left the country, and need not present a passport. The same guidance says a stop at a foreign port changes the answer, and gives the example of landing in Jamaica or the Bahamas on the way home.

The common case is the Virgin Islands. The British Virgin Islands are a separate jurisdiction a short hop away, so a day trip from St. John or St. Thomas to Tortola or Virgin Gorda is a foreign stop. Carry passports for everyone on any itinerary that includes one.

For a passenger who is not a US citizen, CBP’s notice says valid travel documentation is needed to prove legal presence in the United States. What that means depends on the person’s status, so ask CBP or the operator before the flight.

Is there customs on the way home?

From the Virgin Islands, yes. From Puerto Rico, no. 19 CFR 101.1 defines the customs territory of the United States as including “only the States, the District of Columbia, and Puerto Rico”. A flight from San Juan to Teterboro is inside it. A flight from St. Thomas is arriving from outside it.

The customs rules reflect that. 19 CFR 148.35(b) allows the $1,600 exemption “in the case of the arrival of a returning resident directly or indirectly from the Virgin Islands of the United States” without regard to how long the person was away. Elsewhere that exemption needs 48 hours outside the United States. Under 148.34, every member of a family has an exemption, and members of one household travelling together may group them.

The operator arranges the customs arrival with CBP as on any international flight. A flight from the Caribbean can also carry a first-landing rule at a designated airport near the coast, which our border rules article explains. Flying private internationally covers the filings and the notice.

What is the agriculture inspection?

A USDA check on the way out, not the way in. APHIS says it prohibits or restricts the movement of many agricultural products from Puerto Rico and the Virgin Islands to the mainland because they could carry a pest or disease. Its notice says:

You must present all food, plants, and other agricultural items to the USDA inspector at the airport before you leave Puerto Rico or the U.S. Virgin Islands.

The not-allowed list includes fresh fruits (with exceptions), fresh vegetables, cut flowers, plants in soil, soil, sugarcane and live insects. The notice also has an allowed list. Check it for the specific item before you pack.

APHIS’s notice is written for the airport. It does not say how an inspector reaches a private terminal. Ask the operator how your departure is handled and on what date, and the simpler answer is to leave produce, flowers and plants behind.

What to ask the operator

1. Is any leg outside the United States and its territories? A BVI day trip counts.
2. Who is arranging CBP on the return from the Virgin Islands? The operator.
3. How is the agriculture check handled where we depart? The notice does not say.
4. Do all passengers have what they need? Passports for a foreign stop; status documents for a non-citizen.

What Jake does

Lombardi Jet Services is a broker. Jake arranges the flight with the operator and asks it to confirm the customs arrival and any foreign stop before the quote is final.