Immigration lawyers advise Cubans to remain calm: "Do not apply for the ESTA."

The ESTA permit is still not active for Cubans with dual nationality, despite Cuba's removal from the list of terrorist countries. Future political changes could affect this measure.


The ESTA travel authorization is still not active for Cubans with Spanish nationality, or from other European countries who wish to travel to the United States, which is why several lawyers have urged potential beneficiaries to remain calm.

The recent decision by the Joe Biden administration to remove Cuba from the List of State Sponsors of Terrorism has created new expectations for Cubans with dual nationality. A common question is whether they can now apply for ESTA to travel to the United States without the need for a visa.

The immigration lawyer José Guerrero explained in an interview with Univisión that technically there would be no restrictions for Cubans with dual nationality to obtain the ESTA, but the measure is not yet in effect.

"We still do not know when the person will be able to start applying for this travel document," Guerrero clarified.

The ESTA is not active for Cubans with dual nationality

The lawyer Willy Allen noted that the ESTA application processes have specific timelines, and that on Tuesday a new administration will take office in the United States that could change the entire situation.

He urged Cubans to exercise restraint and not rush, as authorities might deny travel permit applications to the United States.

María, the Spanish immigration lawyer known for her TikTok profile @abogadainmigracionmaria, also urged calm among Cubans.

"The ESTA is a computer algorithm; if you apply for it now, it will be denied, and when you try to apply again in a few months when the option is accessible, it will be denied again because you already have a first ESTA denial. Please do not rush. Do not apply for the ESTA now because things are still unclear. It is not known how this situation will end," stated the Spanish lawyer.

What is the ESTA permit and who qualifies?

The Electronic System for Travel Authorization (ESTA) is a tool that is part of the Visa Waiver Program. It allows citizens of certain countries to travel to the United States for tourism or business for a maximum period of 90 days without the need to apply for a visa.

Among the basic requirements to apply for the ESTA is having a valid passport from a participating country in the program, such as Spain.

Cubans with dual nationality, specifically those holding a European passport, see this option as a quicker and more economical alternative to the cumbersome process of applying for a tourist visa.

However, entry into the United States with the ESTA is not guaranteed, as documents are reviewed at the country's entry points. For this reason, many lawyers recommend always obtaining a tourist visa when traveling to U.S. territory.

Political changes could affect the measure

The lawyer José Guerrero warned that the Biden administration's decision could be reversed if a new government, such as Donald Trump's, decides to return to more restrictive policies.

"If the administration of incoming President Donald Trump reverses this measure, Cubans with dual nationality would once again be disqualified from applying for ESTA,” he noted.

Many Cubans wish to visit their relatives in the United States but have faced lengthy and complicated visa processes.

A tourist visa is a safer alternative in case the ESTA is denied. Additionally, lawyers urge interested parties to wait for an official announcement regarding the start of the program to avoid confusion.

The removal of Cuba from the list of state sponsors of terrorism marks a significant step towards the normalization of certain migration processes for Cubans with dual nationality. However, uncertainty regarding the ESTA permit persists.

Interested parties should stay informed and prepared for any changes in the regulations.

Frequently Asked Questions about the ESTA Travel Authorization for Cubans with Dual Nationality

Is the ESTA permit active for Cubans with dual nationality?

No, the ESTA permit is still not active for Cubans with dual nationality, despite the recent decision to remove Cuba from the list of state sponsors of terrorism. Cubans with Spanish nationality or from another European country must continue to wait for an official announcement regarding the start of the program.

What is the ESTA permit and who can apply for it?

The ESTA permit is a travel authorization that is part of the Visa Waiver Program, allowing citizens of certain countries to travel to the United States for tourism or business for a maximum of 90 days without the need for a visa. To apply for it, a valid passport from a participating country in the program is required, such as Spain.

What impact does Cuba's removal from the list of state sponsors of terrorism have on the ESTA permission?

The removal of Cuba from the list of state sponsors of terrorism could facilitate access to the ESTA permit for Cubans with dual nationality in the future. However, there are currently no changes in the application of ESTA for these citizens, and an official announcement should be awaited to confirm any modifications to the regulations.

What options do Cubans with dual nationality have to travel to the U.S. in the absence of the ESTA?

The safest option for Cubans with dual nationality is to apply for a tourist visa (B-1/B-2) at a U.S. consulate, as the ESTA is not yet available. This process can be lengthy and costly, but it is the viable alternative to avoid complications when entering the United States.

Filed under:

CiberCuba Editorial Team

A team of journalists committed to reporting on Cuban current affairs and topics of global interest. At CiberCuba, we work to deliver truthful news and critical analysis.