CBP Announces ESTA Ineligibility for Travelers Who Have Been Present in Cuba

On July 6, 2023, U.S. Customs and Border Protection (CBP) announced that dual citizens of Cuba and a Visa Waiver Program (VWP) country, and citizens of VWP countries who have been present in Cuba are ineligible for ESTA, which is the Electronic System for Travel Authorization.

The VWP allows citizens from 40 participating countries to travel to the U.S. for tourism or business for stays of 90 days or less without obtaining a visa. In order to travel under the VWP, travelers must possess an ESTA approval prior to travel to the U.S.

However, being a dual citizen of country designated as a State Sponsor of Terrorism (SST), will make a person permanently ineligible for ESTA. Moreover, if a citizen of a VWP country has been present in an SST country on or after March 1, 2011, their ESTA will be revoked by CBP. (There are limited exceptions to the revocation rule for diplomatic or military travel in the service of a VWP country).

Countries designed by the U.S government as SST include:

• Cuba

• Iran

• Iraq

• North Korea

• Sudan

• Syria

• Libya

• Somalia

• Yemen

Any VWP citizen who possesses ESTA should avoid traveling to the countries that are designated as SST. Such individuals will not be barred from traveling to the U.S., but will not be permitted to do so under the VWP and ESTA. Instead, such individuals will be required to apply for a B-1/B-2 visa at a U.S. Embassy or Consulate abroad.