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On July 6, 2023, the U.S. Department of Homeland Security (DHS) updated the existing Electronic System for Travel Authorization (ESTA) application to add questions focusing on an applicant’s travel and connection to Cuba, which has been designated as a state sponsor of terrorism by the U.S. secretary of state.
Quick Hits
- DHS updated the ESTA application to reflect its current policy on travel to Cuba.
- ESTA will be denied for citizens of visa waiver program countries who traveled to Cuba on or after January 12, 2021.
- Existing ESTA approvals may also be revoked.
Citizens of participating visa waiver program (VWP) countries who travel to or are dual nationals of a country designated as a state sponsor of terrorism are not eligible to travel to the United States under the VWP, which permits citizens of participating countries to travel to the United States as a tourist or business visitor for up to ninety days without first securing a visa stamp from a U.S. embassy or consulate abroad. (At this time, only three other countries are considered state sponsors of terrorism—Iran, North Korea, and Syria.) With this update, citizens of participating VWP countries who have traveled to Cuba on or after January 12, 2021, are not eligible to travel to the United States under the VWP. This also applies to dual nationals of a VWP country and Cuba. The exception to this is limited and focuses on military personnel or government employees of a VWP country where their presence in Cuba was required to carry out their official duties.
For those travelers who do not fall within the limited exception, an ESTA application will be denied. In addition, for those travelers with an approved ESTA application who have traveled to Cuba on or after January 12, 2021, or hold dual nationality with a VWP country and Cuba, DHS stated that their approval will be revoked. DHS clarified that travel to the United States is not barred for these individuals, rather these individuals remain eligible to apply for an appropriate visa stamp from a U.S. embassy or consulate for travel to the United States.
The VWP was established in 1986. It permits citizens of participating countries to travel to the United States as tourists or business visitors for up to ninety days without first securing a visa stamp from a U.S. embassy or consulate abroad. While a visa stamp is not required prior to entry, approval through ESTA must first be secured.
Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and provide updates on the Immigration blog as additional information becomes available.
