CBP announces ESTA ineligibility for travelers who have visited or are from Cuba

U.S. Customs and Border Protection announced that travelers who have visited Cuba on or after Jan. 12, 2021, or are nationals of Cuba are ineligible to travel to the United States under the Visa Waiver Program using an Electronic System for Travel Authorization.

Key Points:

• Travelers who visited Cuba on or after Jan. 12, 2021, are ineligible for travel under the VWP using an ESTA.
• Travelers who hold dual nationality with both a VWP country and Cuba are not eligible for travel under the VWP using an ESTA.
• Individuals who are ineligible to travel under the VWP must apply for a visa to enter the United States.
• If an ESTA has already been approved and CBP determines that the traveler has been in Cuba or holds dual nationality with both a VWP country and Cuba, the ESTA will be revoked.
• Travelers whose ESTA has been revoked will receive a notification that their ESTA status has changed and can check their updated status on the ESTA Mobile App or on this website.

Additional Information: On Jan. 12, 2021, the U.S. Secretary of State designated Cuba as a State Sponsor of Terrorism, making individuals who have been in Cuba on or after Jan. 12, 2021, ineligible for travel under the VWP. The designation also makes individuals who are dual nationals of both a VWP country and Cuba at the time of applying for an ESTA ineligible for travel under the VWP. More information is available here.

BAL Analysis: Travelers who are ineligible to travel under the VWP are reminded that they are not prohibited from traveling to the United States. Those who are ineligible to travel under the VWP may apply for a visa at any U.S. embassy or consulate.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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