The lawyer Willy Allen clarified doubts this Monday about the new entry restriction to the United States, effective since June 9, which includes citizens of Cuba. "It affects any Cuban who goes to apply for any type of non-immigrant visa in Havana or in Guyana. Wherever they are, it will be denied," said the immigration expert during his weekly program on CiberCuba, every Monday at 11:00 AM Miami time.
"Si tú no tienes una visa ahora, no te la van a dar", insistió Allen, haciendo hincapié en que "ese privilegio de obtener una visa para los Estados Unidos de no emigrante está totalmente eliminado para los cubanos".
In this regard, the lawyer clarified that this restriction, which came into effect on Monday, June 9, does not affect family petitions from American citizens. "They remain in effect," he emphasized.
In contrast, it is unclear whether it affects applications for residents. "They are not eliminated by the executive action, but they are also not included in what will not be eliminated. So, at this moment, I am waiting for clarifications from the State Department on whether resident visas for those requesting their minor children, their adult unmarried children, and their spouses will continue or if they are also suspended," Allen pointed out.
The lawyer was emphatic in stating that "visas for American citizens continue," but he believes we need to see how the resident visas develop. "I think they should continue being processed because, for example, you are an American resident. You are going to petition for your spouse and your minor child, and that currently takes 30 to 40 months to get approved and have the visa valid. I hope that in 40 months we have a different government. So, I will continue to submit them as long as I don’t receive different instructions from the Department of State," insisted Willy Allen.
El abogado reconoce que la gran pregunta es qué va a pasar con los cubanos que tienen visas vigentes de cinco años de turismo. "Yo creo que van a poder seguir viajando y usarlas. Pero una vez más, yo estaba preocupado por unas amistades mías y por un cliente mío y les pedí que entraran el viernes, el sábado y el domingo. Y todos entraron el viernes, el sábado y el domingo. A dos de ellos los llevaron a una inspección secundaria, aquí se dice la pecera, pero lograron entrar (a EE.UU.). No les quitaron la visa y les dieron su entrada por 90 días", dijo.
Now, therefore, we can only wait to see if any incidents arise throughout this Monday, June 9, with the implementation of the travel ban for non-emigrant Cubans. "I suspect that the vast majority should be able to enter without any problems. However, in conversations with the diva from Cienfuegos (Mario Pentón) and the prince from Banes (Daniel Benítez), they believe, especially Mario (Pentón) based on something he was told in confidence, that they might start canceling tourist visas when you arrive here, when you leave, or before departing from Havana."
After 11:00 AM on Monday, the lawyer admitted he had not received any calls or messages from anyone in that situation. "I hope it will be as originally announced, that if you already had a visa, you could travel. However, the reality is that if they grant you a visa and it's valid, they can cancel it before you board the plane in Cuba or once you arrive here (in the U.S.), they can give you a 30-day entry or send you back on the next flight to Cuba. But I believe it's also important to clarify that travel to Cuba hasn't been eliminated. If you are an American resident or an American citizen, there are no restrictions preventing you from going to see your family in Cuba," Allen emphasized.
But that doesn't mean that once you're back in the United States, you won't be called to the "little room" or the "fishbowl" at the airport for an interview or interrogation, which in no case would result in the loss of residency because that is the exclusive jurisdiction of an immigration judge. Therefore, Willy Allen recommends having a bit of a thick skin and not being afraid of the threats from those who overstep their bounds due to their job.
"They are threats, which are really just what they are: threats. Many people put on a uniform and suddenly think they are the last Coca-Cola in the desert. And there's a person who, when he goes to the store to shop, is just one among many, but when he’s at the airport, acting as an imperial gatekeeper, he believes he is a god. And he can, to some extent, threaten, interrogate, do whatever he wants, because he has the final say on whether to let you into the United States or not. You need to have a bit of thick skin,” he advised.
This Monday, June 9, a new Presidential Proclamation signed by Donald Trump went into effect, imposing immigration restrictions on citizens from 19 countries, including Cuba. The measure has raised concerns among Cubans with pending applications or travel plans to the United States. In Monday's program, attorney Willy Allen explained specific cases, such as that of a Cuban resident in Spain who holds a visa to travel to the U.S. in his Cuban passport. The attorney advises that if he cannot switch to his Spanish passport, he should travel with both passports.
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