Understanding ESTA Revocation For Travel To Cuba

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Buchanan Ingersoll & Rooney PC

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With 450 attorneys and government relations professionals across 15 offices, Buchanan Ingersoll & Rooney provides progressive legal, business, regulatory and government relations advice to protect, defend and advance our clients’ businesses. We service a wide range of clients, with deep experience in the finance, energy, healthcare and life sciences industries.
In January 2021, the United States designated Cuba as a State Sponsor of Terrorism, which affected travelers who came to the United States on the Visa Waiver Program (VWP).
United States Immigration

In January 2021, the United States designated Cuba as a State Sponsor of Terrorism, which affected travelers who came to the United States on the Visa Waiver Program (VWP). The Electronic System for Travel Authorization (ESTA) is an automated system the United States government uses to determine the eligibility of visitors traveling to the United States under the VWP. ESTA approval allows travelers from VWP countries to enter the U.S. for tourism, business, or transit purposes without a visa for stays of 90 days or less at a time.

The January 2021 designation by the Department of State allowed for automatic revocation of the ESTA approval for foreign nationals who traveled to Cuba for any reason and any length of stay. This change surprised many foreign travelers, some of whom traveled to the island simply as a transit stop to their final destinations.

Cancellation or revocation of ESTA does not necessarily render a foreign national ineligible to come to the United States as a visitor. Travel may still be possible based on an application for a visitor visa before a U.S. consular office outside the United States, but it may imply waiting many months or years for a visa interview.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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