Spain updates its travel recommendations to the United States

The Ministry of Foreign Affairs of Spain updated its travel recommendations for those wishing to visit the United States, warning about new visa requirements, strict border surveillance, legal consequences of overstaying, and sensitive issues such as travelers' gender identity.

The alert from the Spanish government is a response to a tightening of the immigration policies promoted by the Trump Administration, which are affecting both Europeans and citizens with dual nationality from countries like Cuba.

Mandatory visa required for vacationing in the United States

The Ministry of Foreign Affairs reminds that, although many Spanish citizens can enter the United States through the electronic ESTA system, there are exceptions that require a prior visa. Among these exceptions are:

• Students, researchers, resident doctors, and professors in exchange programs.
• Journalists and media professionals on a business trip.
• Artists, athletes, musicians, and participants in international internships.
• Crew members of boats or airplanes, including private yachts.
• Diplomats, international officials, and religious workers.
• All entry by boat or private plane, as well as airport transit not covered by ESTA.

Additionally, anyone who has previously been denied an ESTA or whose ESTA has been revoked for immigration reasons must apply for a visa at the appropriate U.S. consulate or embassy.

Restrictions due to previous trips to Cuba

One of the points reminds of the current restrictions for citizens who have traveled to Cuba after January 12, 2021.

According to the regulations of the U.S. Department of Homeland Security, these individuals can no longer travel with ESTA and will need to apply for a mandatory visa. This restriction also applies to those with dual Spanish and Cuban nationality, regardless of their place of residence.

The only exceptions to this policy are Spanish military personnel and officials who have visited the island on official business.

Possible detention and deportation for immigration violations

The Spanish government warned its citizens that any suspicion by U.S. immigration authorities regarding the intention to work illegally or to remain beyond the 90 days allowed as a tourist may be considered a serious offense, with consequences that include:

• Detention in an ICE (Immigration and Customs Enforcement) center.
• Deportation process that can last for months.
• Variable living conditions and communication in detention centers.

Spanish authorities recommend that, in the event of being detained, the traveler should immediately request that their consulate be informed, especially if their passport is being withheld.

Declare biological sex on immigration forms

Another one of the warnings included in the update pertains to transgender individuals. The Government of Spain stated that U.S. immigration authorities require that the application forms for ESTA or visas indicate the biological sex at birth, not the gender with which the person identifies.

It is recommended that those who may be affected by this measure consult with the embassy or consulate of the United States before their trip.

Mandatory registration for long stays

Spanish citizens who stay in the United States for more than 30 days must register on the Citizenship and Immigration Services (USCIS) portal. Failure to comply with this requirement may result in fines, penalties, and even criminal charges.

Finally, the Spanish government reminds that holding a visa or an ESTA authorization does not guarantee entry into U.S. territory, as the final decision is made by CBP (Customs and Border Protection) personnel, who are even authorized to review the traveler's social media as part of the admission process into the country.

Frequently asked questions about the new travel regulations to the United States for Spaniards and Cubans