Started With TripAdvisor Question. Inbound U.S. Travelers From 40 VWP Countries: If Visited Cuba After 12 January 2021, Not Eligible For ESTA To Enter U.S. Now Require Visa Says Embassy. Enforcement?
/TripAdvisor
Needham, Massachusetts
24 August 2022
1. Re: ESTA and travel to USA after being to Cuba (Aug 24, 2022, 6:41 PM). The official ESTA website says (if you type 'Cuba' into the 'help'): "How does Cuba’s designation as a State Sponsor of Terrorism impact my travel to the United States using my approved ESTA? Answer: If a traveler is found to have visited a country designated as State Sponsor of Terrorism, the traveler is no longer eligible to participate in the Visa Wavier Program and must apply for a visa to enter the United States." Question: "When was Cuba designated a State Sponsor of Terrorism? The United States Department of State most recently designated Cuba as a State Sponsor of Terrorism on January 12, 2021." Looks like Cuba was not designated as State Sponsor of Terrorism at the time you visited so looks like both sites agree. https://www.tripadvisor.com/ShowTopic-g1-i10702-k14084200-ESTA_and_travel_to_USA_after_being_to_Cuba-Air_Travel.html
Embassy of the United States
Paris, France
NOTICE and RESTRICTIONS: The Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act) put new restrictions on the use of the Electronic System for Travel Authorization (ESTA) for certain categories of travelers. Under the 2015 Act, Visa Waiver Program nationals — including French nationals — who have traveled to Iran, Iraq, Libya, Somalia, Sudan, Syria, and/or Yemen since March 1, 2011 AND anyone who is a dual national of Iran, Iraq, Sudan, or Syria are ineligible to use ESTA. These restrictions apply to previous ESTA approvals and all current and future ESTA applications. VWP nationals (including French nationals) who have previously received ESTA approvals, but who meet one of these criteria, are no longer eligible to use ESTA. Additionally, if you have traveled or resided in Cuba on or after January 12, 2021, please be advised that you will need a visa in order to travel to the U.S. The law does not prohibit individuals in these categories from traveling to the United States, but a traveler not eligible for ESTA cannot be admitted into the country without a valid U.S. visa in his or her passport. Visa Waiver Program and ESTA - U.S. Embassy & Consulates in France (usembassy.gov)
There are currently 40 countries participating in the Visa Waiver Program (VWP): Andorra (1991), Australia (1996), Austria (1991), Belgium (1991), Brunei (1993), Chile (2014), Croatia (2021), Czech Republic (2008), Denmark (1991), Estonia (2008), Finland (1991), France (1989), Germany (1989), Greece (2010), Hungary (2008), Iceland (1991), Ireland (1995), Italy (1989), Japan (1988), Korea, Republic of (2008), Latvia (2008), Liechtenstein (1991), Lithuania (2008), Luxembourg (1991), Malta (2008), Monaco (1991), Netherlands (1989), New Zealand (1991), Norway (1991), Poland (2019), Portugal (1999), San Marino (1991), Singapore (1999), Slovakia (2008), Slovenia (1997), Spain (1991), Sweden (1989), Switzerland (1989), Taiwan (2012), United Kingdom** (1988). NOTE: The citizens of the new countries of Curacao, Bonaire, St Eustatius, Saba and St Maarten (the former Netherlands Antilles) are not eligible to travel to the United States under the Visa Waiver Program if they are applying for admission with passports from these countries.
Travel requirements page for the United States on the United Kingdom (UK) Government website states: “You should be aware that if you have travelled to or have been in Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria and Yemen on or after 1 March 2011, you are normally not eligible for an ESTA visa waiver and will need to apply for a US visa. You should also be aware that if you have travelled to or have been in Cuba, you may not be eligible for an ESTA visa waiver and may need to apply for a US visa. You should consult the US State Department website to determine which you will need.”
U.S. Customs And Border Protection CBP)
Washington DC
3 September 2022
SEARCH RESULTS
When was Cuba designated a State Sponsor of Terrorism? How does Cuba’s designation as a State Sponsor of Terrorism impact my travel to the United States using my approved ESTA? How does Cuba’s designation as a State Sponsor of Terrorism impact my travel to the United States using my approved ESTA? If a traveler is found to have visited a country designated as State Sponsor of Terrorism, the traveler is no longer eligible to participate in the Visa Wavier Program and must apply for a visa to enter the United States.
United States Department of State
Washington DC
3 September 2022
Countries determined by the Secretary of State to have repeatedly provided support for acts of international terrorism are designated pursuant to three laws: section1754(c) of the National Defense Authorization Act for Fiscal Year 2019, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act of 1961). Taken together, the four main categories of sanctions resulting from designation under these authorities include restrictions on U.S. foreign assistance; a ban on defense exports and sales; certain controls over exports of dual use items; and miscellaneous financial and other restrictions. Designation under the above-referenced authorities also implicates other sanctions laws that penalize persons and countries engaging in certain trade with state sponsors. Currently there are four countries designated under these authorities: Cuba (1/12/2021), the Democratic People’s Republic of Korea (11/20/2017), Iran (1/19/1984), and Syria (12/29/1979).
U.S. Customs And Border Protection CBP)
Washington DC
3 September 2022
What are the eligibility requirements for Visa Waiver Program (VWP) travel? Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States, without a waiver, under the VWP: Nationals of VWP countries who have traveled to or been present in Iraq, North Korea, Syria, Iran, Sudan, Libya, Somalia or Yemen on or after March 1, 2011 (with limited exceptions); and Nationals of VWP countries who are also nationals of Iran, Syria, Iraq, North Korea or Sudan. These restrictions do not apply to: VWP travelers whose presence in Iran, Iraq, North Korea, Syria, Sudan, Libya, Somalia, or Yemen was to perform military service in the armed forces of a program country, or To carry out official duties as a full-time employee of the government of a program country. https://help.cbp.gov/s/article/Article-1139?language=en_US
Electronic System for Travel Authorization (ESTA) is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP). Authorization via ESTA does not determine whether a traveler is admissible to the United States. U.S. Customs and Border Protection officers determine admissibility upon travelers’ arrival. The ESTA application collects biographic information and answers to VWP eligibility questions. ESTA applications may be submitted at any time prior to travel, though it is recommended that travelers apply as soon as they begin preparing travel plans or prior to purchasing airline tickets.
What is the Electronic System for Travel Authorization (ESTA)? To strengthen the security of travel to the United States under the Visa Waiver Program, requirements to travel visa-free have been enhanced. Nationals of Visa Waiver Program countries will still be eligible to travel without a visa but will have to obtain an approved travel authorization prior to their travel to the United States. The Department of Homeland Security and the United States Customs and Border Protection have provided a secure public Web site with an automated form for you, or a third party, to complete in order to apply for a travel authorization. Once you enter the required biographic, travel, and payment information on the secure Web site, your application is processed by the system to determine if you are eligible to travel to the United States under the Visa Waiver Program without a visa. The system will provide you with an automated response, and prior to boarding, a carrier will electronically verify with the United States Customs and Border Protection that you have an approved travel authorization on file.
The Electronic System for Travel Authorization (ESTA) is an automated system used to determine the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP) and whether such travel poses any law enforcement or security risk. ESTA approval authorizes a traveler to board a carrier for travel to the United States under the VWP. Private carriers must be a signatory visa waiver program carrier. See list of Signatory Carriers. CBP recommends that you apply for ESTA at the time you book your travel, but no less than 72 hours prior to boarding. ESTA is not a visa. It does not meet the legal requirements to serve in lieu of a U.S. visa when a visa is required. Travelers that possess a valid U.S. visa may travel to the United States on that visa for the purpose it was issued. Travelers traveling on valid visas are not required to apply for an ESTA. In the same way that a valid visa does not guarantee admission to the United States, an approved ESTA is not a guarantee of admission to the United States.
ESTA became mandatory January 12, 2009. VWP applicants are required to complete a blue Customs declaration upon arrival in the U.S. whether or not they have an ESTA authorization. VWP travelers are no longer required to complete the green I-94W card. Approved ESTA applications are valid for a period of two years, or until the passport expires, whichever comes first, and multiple trips to the United States without the traveler having to re-apply for another ESTA. When traveling to the U.S. with the approved ESTA, you may only stay for up to 90 days at a time - and there should be a reasonable amount of time between visits so that the CBP Officer does not think you are trying to live here. There is no set requirement for how long you must wait between visits. LINK To Official ETSA Application: https://esta.cbp.dhs.gov/
