The ESTA travel authorization is currently not available for Cubans holding Spanish or other European nationalities who wish to travel to the United States. As a result, several immigration lawyers are urging potential applicants to remain calm. The recent decision by the Biden administration to remove Cuba from the list of state sponsors of terrorism has generated new hopes among Cubans with dual nationality. A common question is whether they can now apply for ESTA to travel to the U.S. without needing a visa.
Immigration lawyer José Guerrero explained in an interview with Univision that technically, there are no restrictions preventing Cubans with dual nationality from applying for ESTA. However, the measure has not yet been implemented. "We still don’t know when individuals will be able to start applying for this travel document," Guerrero clarified.
Current Inactivity of ESTA for Dual Nationals
Attorney Willy Allen emphasized that ESTA application processes have specific timelines, and with a new administration coming into power in the U.S., the situation could change entirely. He advised Cubans to remain patient and not rush, as authorities might deny their travel authorization requests.
Spanish immigration lawyer María, known on TikTok as @abogadainmigracionmaria, also urged Cubans to stay calm. "ESTA is a computer algorithm. If you apply now, it will be denied, and if you try again in a few months when the option is available, it will be denied again because you already have a prior denial. Please, do not rush. Do not apply for ESTA now as things are still unclear. We do not know how this situation will resolve," she expressed.
Understanding the ESTA Travel Authorization
The Electronic System for Travel Authorization (ESTA) is part of the Visa Waiver Program, allowing citizens of certain countries to travel to the United States for tourism or business for up to 90 days without a visa. A valid passport from a participating country, like Spain, is one of the basic requirements to apply for ESTA.
Cubans with dual nationality, particularly those with European passports, see ESTA as a quicker and more affordable option compared to the laborious process of obtaining a tourist visa. However, entry into the U.S. with ESTA is not guaranteed, as documents are reviewed at the country's entry points. Therefore, many lawyers advise securing a tourist visa as a more reliable option for visiting the U.S.
Potential Political Shifts Impacting ESTA Availability
Lawyer José Guerrero warned that the Biden administration's decision could be reversed if a new government, such as Donald Trump's, reinstates more restrictive policies. "If incoming President Donald Trump's administration rolls back this measure, Cubans with dual nationality would once again be ineligible to apply for ESTA," he noted.
Many Cubans wishing to visit family in the United States face lengthy and complex visa processes. A tourist visa remains a safer alternative in case ESTA is rejected. Additionally, lawyers encourage those interested to wait for an official announcement regarding the program’s commencement to avoid confusion.
The removal of Cuba from the list of state sponsors of terrorism marks a significant step towards normalizing certain immigration processes for Cubans with dual nationality. However, uncertainty around the ESTA permit continues. Interested parties must stay informed and ready for any regulatory changes.
Key Questions About ESTA for Cubans with Dual Nationality
Why is the ESTA not currently available for Cubans with dual nationality?
The ESTA is not yet active for Cubans with dual nationality because the measure has not been implemented despite recent political changes. Applicants are advised to wait for official announcements.
What are the risks of applying for ESTA before it is officially available?
Applying for ESTA prematurely can lead to a denial, which may affect future applications. Immigration lawyers recommend waiting until the process is officially accessible.