US Immigration Consequences of Traveling to Cuba

Enforcement is ramping up on anyone who has been to Cuba on or after July 21, 2021, including people from Visa Waiver Program countries. Such travellers are now forced to get a B1/B2 visa at a US consulate as their ESTAs are being cancelled. Michael O'Rourke explains more in this video.

[@phoenixnserpents]

What about if you already have a B2 visa even before visiting Cuba, would I still need to reapply for B2?

[@pacelawfirm]

Michael replies, "You won't need to reapply for the B-2. However, you may be questioned about your trip to Cuba when renewing your B-2 visa down the road." [e-mail]

[@vikaschowdary5703]

Was it Applicable for Cuba transit visa?

[@pacelawfirm]

Michael replies, "Customs and Border Protection’s language regarding the revocation of ESTA in the context of Cuba travel is quite broad. The agency states that 'If an ESTA has already been approved and it is later determined that the traveler has been present in Cuba or holds dual nationality with both a VWP country and Cuba, the ESTA will be revoked.' Although there is nothing in the Visa Waiver Program Improvement and Terrorist Travel Prevention Act specifically mentioning transit visas, the breadth of the phrase 'has been present in Cuba' would lead me to believe that any physical presence in Cuba after the effective date could result in ESTA revocation. A good resource for additional questions is: www.cbp.gov/travel/international-visitors/visa-waiver-program/visa-waiver-program-improvement-and-terrorist-travel-prevention-act-faq." [e-mail]