Visiting cuba

[Isabella_NZ 54]

Hi all,

 

Am I going to come across any issues when trying to go to Cuba for a holiday??

 

I understand I need to apply for my AP and all that.

 

I currently have my EAD but I am still waiting to get confirmation on a date for my green card.

 

Thanks! 

[Jojo92122 1,924]

There are severe restrictions for US citizens and green card holders to travel to Cuba.

As a non-USC and non-LPR, you are free to travel to Cuba.

 

As a person seeking to become a US LPR, you are taking some risk to travel to Cuba.  Is even a small risk worth taking a holiday?

[JFH 12,189]

It can also have an impact on your citizenship application later on, if you are planning to take that route. 

[JFH 12,189]

Tourist travel to Cuba is generally illegal. Your purpose for travel must fall into one of 12 specifically defined categories:

 

https://cu.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/traveling-to-cuba/

 

family visits;

official business of the U.S. government, foreign governments, and certain intergovernmental organizations;

journalistic activity;

professional research and professional meetings;

educational activities;

religious activities;

public performances, clinics, workshops, athletic and other competitions, and exhibitions;

support for the Cuban people;

humanitarian projects;

activities of private foundations or research or educational institutes;

exportation, importation, or transmission of information or informational materials; and certain authorized export transactions.

 

Beach holidays or sightseeing are not permitted. 

[Loren Y 2,731]

I am a USC and went to Cuba not long after they lifted the " Ban" on travel. Had to fill out a simple form and said I was going for educational purposes to study the history of the Cuban People. Just a simple letter to get in, and when you buy your ticket there is mandatory insurance you have to buy. sometimes it is included in the ticket price, sometimes it isn't. It should be around 30 dollars. Also as a note any US based credit cards will not work there, nor will ATM cards, so you are stuck traveling with cash, not a big problem for some, as I have traveled with cash in less hospitable countries, but it is something to consider. Was a cool trip, and I had a good time, finally got a real Mojito LOL, but if it would jeopardize your USC application later I wouldn't do it. But if you need any travel info let me know. I used Spirit Airlines when I went. It was just them and Frontier that went there, but I believe they have stopped going there because there wasn't that much of a demand for it. Maybe they have restarted, but I don't think so, so finding a flight out of the US there may be difficult.

[Isabella_NZ 54]

26 minutes ago, JFH said:

It can also have an impact on your citizenship application later on, if you are planning to take that route. 

How so? 

[Boiler 43,363]

1 hour ago, Isabella_NZ said:

Hi all,

 

Am I going to come across any issues when trying to go to Cuba for a holiday??

 

I understand I need to apply for my AP and all that.

 

I currently have my EAD but I am still waiting to get confirmation on a date for my green card.

 

Thanks! 

How come you did not get AP with EAD.

[Sunnyland 639]

Probably he did not apply for it.  Sometimes people think they don't need to apply for it since they don't have plans to travel. It's always good to do it anyways since it's free. You never know when you have an emergency and then its too late to apply.

[Jojo92122 1,924]

The travel restriction applies to everyone under US jurisdiction; regardless of citizenship or nationality.

The BIA held “that an alien who has left and returned to the United States under a grant of advance parole has not made a 'departure' … from the United States” within the meaning of section 212(a)(9)(B)(i)(II) of the Act.” p. 779.  http://myattorneyusa.com/traveling-on-advance-parole-with-adjustment-of-status-pending

 

If a person using AP has not made a departure from the US, then it's possible that this person is still under the US jurisdiction and subject to the travel restrictions.

Traveling to Cuba for a holiday is an unnecessary risk when seeking to AOS.

[Pinkrlion 2,605]

There have been changes since the ban was initially removed.  If u want to travel to Cuba, I would suggest a cruise ship as this mode of travel is still approved.

[Isabella_NZ 54]

2 hours ago, Jojo92122 said:

The travel restriction applies to everyone under US jurisdiction; regardless of citizenship or nationality.

The BIA held “that an alien who has left and returned to the United States under a grant of advance parole has not made a 'departure' … from the United States” within the meaning of section 212(a)(9)(B)(i)(II) of the Act.” p. 779.  http://myattorneyusa.com/traveling-on-advance-parole-with-adjustment-of-status-pending

 

If a person using AP has not made a departure from the US, then it's possible that this person is still under the US jurisdiction and subject to the travel restrictions.

Traveling to Cuba for a holiday is an unnecessary risk when seeking to AOS.

This is not for a holiday. 

 

Is anyone able to actually provide me with an example of then going to Cuba during AOS has hindered their chances of getting a green card?

 

And I do have my AP sorry I did not word my original post correctly.

[Isabella_NZ 54]

5 hours ago, Loren Y said:

I am a USC and went to Cuba not long after they lifted the " Ban" on travel. Had to fill out a simple form and said I was going for educational purposes to study the history of the Cuban People. Just a simple letter to get in, and when you buy your ticket there is mandatory insurance you have to buy. sometimes it is included in the ticket price, sometimes it isn't. It should be around 30 dollars. Also as a note any US based credit cards will not work there, nor will ATM cards, so you are stuck traveling with cash, not a big problem for some, as I have traveled with cash in less hospitable countries, but it is something to consider. Was a cool trip, and I had a good time, finally got a real Mojito LOL, but if it would jeopardize your USC application later I wouldn't do it. But if you need any travel info let me know. I used Spirit Airlines when I went. It was just them and Frontier that went there, but I believe they have stopped going there because there wasn't that much of a demand for it. Maybe they have restarted, but I don't think so, so finding a flight out of the US there may be difficult.

Did you already have your citizenship when you went?

[Loren Y 2,731]

2 hours ago, Isabella_NZ said:

Did you already have your citizenship when you went?

Yes, I was born here, so I have always been a USC. I never adjusted from anything. It was over a year ago I went. The other poster said it would affect your citizenship later, I am not sure how, maybe he could elaborate. As long as they don't have photos of you in a terriorist training camp I would think you would be ok. I just renewed my global entry, and I know my Cuba trip had to be in the computer and nothing became of it. I have been thru at least 3 POE since that trip and was never questioned about it. I had heard from a friend at carnival Cruise line that they were planning cruises to stop in Havana, don't know if that ever happened either. You would have to check the current situation with travel to Cuba, not sure if things have changed drastically or not over the past year.if I get a chance I'll Google it up, and let you know what I find.

[JFH 12,189]

You must document the trip to Cuba in your citizenship application and prove that it meets one of the 12 permitted criteria. It's then up to USCIS, not you or the travel agent, to decide if it does or not. There is a warning on the department of state website about travel packages claiming to be "educational trips" because they include a scuba diving lesson or a trip to a historical site when, in fact, the main purpose of the trip is to just have a holiday there. 

[Orangesapples 1,954]

1 minute ago, JFH said:

You must document the trip to Cuba in your citizenship application and prove that it meets one of the 12 permitted criteria. It's then up to USCIS, not you or the travel agent, to decide if it does or not. There is a warning on the department of state website about travel packages claiming to be "educational trips" because they include a scuba diving lesson or a trip to a historical site when, in fact, the main purpose of the trip is to just have a holiday there. 

Wow, I understand this is the law but it's so unbelievably stupid