ESTA - Visa Waiver Program

From the side of the US authorities, Cuba is still not on the list of countries that are not ESTA travel eligible. Officially, only individuals who have traveled to Iran, Iraq, Yemen, Libya, North Korea, Somalia, Sudan or Syria since March 01, 2011 are excluded from the visa waiver program. To date, the security query in the ESTA online application form continues to ask only for travel to these countries. There is no query about previous travel to Cuba.

UNIFORM POSITION ON THE PART OF THE US AUTHORITIES IS MISSING

Since a few days, in the FAQ section of the official ESTA website of the U.S. Immigration Service, one can find the notice regarding Cuba that travelers who have visited a "State Sponsor of Terrorism", regardless of the time period, are no longer authorized to enter the U.S. visa-free with ESTA, but must apply for a visa. Cuba was designated as a so-called "State Sponsor of Terrorism" by the U.S. in early 2021.

Other official U.S. authorities' websites also point out that not all travelers to Cuba would be excluded from the Visa Waiver Program. Only those groups of people who stayed in Cuba on or after January 12, 2021 would be affected. This contradictory information continues to cause confusion. An official announcement from the U.S. Department of State or U.S. immigration authorities is still pending.

It is currently unknown how decisions will be made at border control, as not all travelers with ESTA authorization and Cuba stamps were generally rejected upon entry. If travelers who have entered Cuba in the past want to be on the safe side, it is currently recommended to apply for a non-immigrant visa, regardless of the period of travel to Cuba at that time.

OPTIONS AND RECOMMENDATIONS FOR AFFECTED TRAVELERS

In order to be on the safe side when traveling to the U.S. and to avoid rejection at the border, travelers who have a Cuba stamp in their passport or have traveled to Cuba should apply for a non-immigrant visa (e.g. the B2 tourist visa for vacation trips). With a non-immigrant visa you have not only gained a longer period of stay of a total of 180 days per entry, but you can also use the visa on average up to 10 years, because the consulates usually issue the visas with a validity of 10 years.

Unfortunately, there are still long waiting times of many weeks for free interview appointments at the responsible U.S. consulates for the application of a non-immigrant visa. Accordingly, former travelers to Cuba should plan enough lead time for their visa application when making travel plans to the USA. Currently, appointments at the U.S. consulates are partially available again only in the new year!

In addition, we recommend that all persons who have already been to Cuba or have received an entry stamp in their passport and still decide to travel under the Visa Waiver Program (ESTA), check the validity of their ESTA authorization before departure.