Traveling to Cuba (Canadian citizen, US permanent resident)

[FrancesTaber 12]

Hi Everyone, 

 

I hope this post finds its way to anyone who has information on this topic. I am a Canadian citizen, I became a conditional permanent resident in February 2016 (based on a K-1). My husband is a dual citizen of the United States and Canada, he was born in Canada and became a citizen through his parents naturalization around age 16. My Canadian citizen parents have planned a Christmas trip to Cuba (flying Toronto -> Varadero). We had planned to join them and did not foresee any issues until the recent announcement of the return of travel restrictions. Given that we both hold Canadian passports, we can legally from Toronto on our Canadian passports regardless of how the rules for US citizens shake out in the coming months. However, I am wondering if this will in any way effect my removal of conditions or citizenship paperwork in the coming years. I am particularly concerned the citizenship paperwork as I know it asks for recent travel information and which countries you have visited. 

 

I plan to reach out to an immigration attorney this week, however I just thought I would see if anyone has experience with this. 

 

Thank you so much! 

 

Frances

Edited July 24, 2017 by FrancesTaber
spelling error and forgotten words

[theanswerisdance 144]

1 hour ago, FrancesTaber said:

Hi Everyone, 

 

I hope this post finds its way to anyone who has information on this topic. I am a Canadian citizen, I became a conditional permanent resident in February 2016 (based on a K-1). My husband is a dual citizen of the United States and Canada, he was born in Canada and became a citizen through his parents naturalization around age 16. My Canadian citizen parents have planned a Christmas trip to Cuba (flying Toronto -> Varadero). We had planned to join them and did not foresee any issues until the recent announcement of the return of travel restrictions. Given that we both hold Canadian passports, we can legally from Toronto on our Canadian passports regardless of how the rules for US citizens shake out in the coming months. However, I am wondering if this will in any way effect my removal of conditions or citizenship paperwork in the coming years. I am particularly concerned the citizenship paperwork as I know it asks for recent travel information and which countries you have visited. 

 

I plan to reach out to an immigration attorney this week, however I just thought I would see if anyone has experience with this. 

 

Thank you so much! 

 

Frances

I hope you get an answer to your question about you personally as I am curious about this as well! However, on a related note (since your husband is dual), I've been researching specifically this issue and have been surprised to find that the consensus on traveling to Cuba as a dual Canadian/American citizen is that despite the fact that your husband is Canadian, the U.S. considers him only American for their purposes because they do not recognize dual citizenship, and therefore, under U.S. law, he still cannot travel to (well, technically, spend money in) Cuba. I hadn't even thought about this before, but I am considering getting my U.S. citizenship next year before we move back to Canada permanently where my American husband will be getting his Canadian citizenship. We've said all along that a trip to Cuba would be a great way to celebrate him getting his Canadian citizenship. So, like you, I figured once we were both dual citizens, it wouldn't matter because we'd just travel direct from Canada on our Canadian passports. However, everybody I've talked to and everything I've read has said that in the eyes of the U.S. that wouldn't matter...if they found out. Cuba doesn't stamp passports, and even if they stamped your Canadian one, you would never be flying into the U.S. on your Canadian passport again once you're a U.S. citizen. In other words, it's not likely that the U.S. government would find out about your travels there, but on the off-chance they did, for any reason, you'd be subject to the same fines ($250,000?) as any other American, because America only considers you American, not dual/Canadian. So, just a cautionary thing to consider...one of the many reasons I'm not so keen on getting U.S. citizenship...

[xyz12345 260]

fyi under "Tourist Visa required" and "Entry, Exit..." (as of June 2017)

 

https://travel.state.gov/content/passports/en/country/cuba.html

 

Tourist travel to Cuba remains prohibited. You must obtain a license from the Department of Treasury or your travel must fall into one of 12 categories of authorized travel. See ENTRY, EXIT & VISA REQUIREMENTS below.

 

Travel to Cuba is regulated by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury. Anyone located in the United States, regardless of citizenship and nationality, must comply with these regulations. Individuals seeking to travel to Cuba are not required to obtain licenses from OFAC if their travel is covered by a general license. If travel is not covered by a general license, you must seek OFAC authorization in the form of a specific license. Travelers who fail to comply with regulations may face penalties and criminal prosecution.  See the Department of Treasury webpage. For travel-specific questions, please see 31 C.F.R. 515.560 and OFAC's Frequently Asked Questions.

 

 

 

From what I understand from above is that this also applies to your husband.

 

 

 

[xyz12345 260]

speaking of Cuba travel, this just came in:

 

http://www.huffingtonpost.com/entry/tour-operators-brace-as-trump-us-cuba-travel-regulations-loom_us_5974d280e4b09e5f6ccff465?ncid=inblnkushpmg00000009

[Lemonslice 4,632]

3 hours ago, FrancesTaber said:

Hi Everyone, 

 

I hope this post finds its way to anyone who has information on this topic. I am a Canadian citizen, I became a conditional permanent resident in February 2016 (based on a K-1). My husband is a dual citizen of the United States and Canada, he was born in Canada and became a citizen through his parents naturalization around age 16. My Canadian citizen parents have planned a Christmas trip to Cuba (flying Toronto -> Varadero). We had planned to join them and did not foresee any issues until the recent announcement of the return of travel restrictions. Given that we both hold Canadian passports, we can legally from Toronto on our Canadian passports regardless of how the rules for US citizens shake out in the coming months. However, I am wondering if this will in any way effect my removal of conditions or citizenship paperwork in the coming years. I am particularly concerned the citizenship paperwork as I know it asks for recent travel information and which countries you have visited. 

 

I plan to reach out to an immigration attorney this week, however I just thought I would see if anyone has experience with this. 

 

Thank you so much! 

 

Frances

Legally, at this time, you cannot - you are both considered "persons subject to U.S. jurisdiction" - Look up the Department of Treasury info on travel to Cuba.  

 

When filing for citizenship, you will have to list all travel as you noticed - if you plan to become go for citizenship, why risk it?  Plenty of other places to visit. 

[Ontarkie 13,979]

~~One post removed for TOS Violation - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~

[CubaAndChill 389]

On 7/23/2017 at 9:27 PM, theanswerisdance said:

Cuba doesn't stamp passports, and even if they stamped your Canadian one, you would never be flying into the U.S. on your Canadian passport again once you're a U.S. citizen. In other words, it's not likely that the U.S. government would find out about your travels there, but on the off-chance they did, for any reason, you'd be subject to the same fines ($250,000?) as any other American, because America only considers you American, not dual/Canadian. So, just a cautionary thing to consider...one of the many reasons I'm not so keen on getting U.S. citizenship...

 

Umm... Cuba DOES stamp passports. I've went a couple of times (from the US) on family visits and each time they stamped my passport and my visa...

[FrancesTaber 12]

Thanks everyone. Lots of good information. My parents are trying to rebook to another country, otherwise we will likely just bail out on the vacation and spend Christmas with them next year instead. We had lots of tours and educational activities booked so I guess "people to people" might still be an option for us but we would rather be safe than sorry!

 

Thanks again for your replies

 (Not sure who moderates these things but this thread can be closed if needed).

[theanswerisdance 144]

43 minutes ago, CubaAndChill said:

 

Umm... Cuba DOES stamp passports. I've went a couple of times (from the US) on family visits and each time they stamped my passport and my visa...

Maybe that's the difference? My Canadian passport has never been stamped traveling direct from Canada to Cuba. I have a lot of friends who travel there from other countries aside from the U.S. or Canada and have never transited through the U.S., and theirs have never been stamped either. 

[Ontarkie 13,979]

~~Closed as requested by OP~~