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Did I miss this ref previous visits to Cuba and the need for a US visa to visit the states?


Magnetchief
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We often cruise with UK friends out of Florida ports mostly.

Does this mean they will now need a Visa to enter the US?

We have all previously visited Cuba, I think the Brits even vacationed there.

 

 

https://travelweekly.co.uk/news/air/visas-required-for-uk-travellers-to-us-who-have-visited-cuba

 

 

Ahhh I guess I did. plenty of previous discussion on the subject.

 

Edited by Magnetchief
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Probably yes, a visa will be required.

 

The relevant United States law for the visa waiver program is codified at 8 U.S.C. §1187(a). It reads in relevant part, "The Secretary of Homeland Security and the Secretary of State are authorized to establish a program * * * under which the requirement of paragraph (7)(B)(i)(II) of section 1182(a) of this title may be waived by the Secretary of Homeland Security, in consultation with the Secretary of State and in accordance with this section, in the case of an alien who meets the following requirements: * * * (12) Not present in Iraq, Syria, or any other country or area of concern (A) In general Except as provided in subparagraphs (B) and (C)—(i) the alien has not been present, at any time on or after March 1, 2011— * * * (II) in a country that is designated by the Secretary of State * * * as a country, the government of which has repeatedly provided support of acts of international terrorism; * * * (C) Waiver The Secretary of Homeland Security may waive the application of subparagraph (A) to an alien if the Secretary determines that such a waiver is in the law enforcement or national security interests of the United States." The Secretary of State made such a designation, with respect to Cuba, on January 12, 2021. See http://www.state.gov/state-sponsors-of-terrorism. While the Secretary of State is empowered to waive this inapplicability, on the ground of law enforcement or national security interests of the United States, my understanding is that no such waiver has been made. Thus, the visa waiver program is not applicable to U.K. citizens who have been present in Cuba on or after March 1, 2011, absent certain exceptions not generally applicable.

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