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.
If you have any questions regarding eligibility to travel to the United States for vacation or any reason, please do not hesitate to contact our immigration attorneys at Buchanan.