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Topic: UK spouse traveling to the US, has ESTA but has been to Cuba in past 11 years  (Read 1891 times)

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Hi all,

Has anyone successfully navigated this issue? https://travelweekly.co.uk/news/air/visas-required-for-uk-travellers-to-us-who-have-visited-cuba

I am a US Citizen; last summer (2021) my British husband and our son with dual-citizenship traveled to the US with an ESTA for my husband, who has been to Cuba in the past 11 years. I'm not sure if we just got lucky that they didn't say anything about needing a visa or if it is not needed since his ESTA is valid until June 2023.

If anyone has recently obtained a non-immigrant visa appointment in Belfast or London recently, do you have the links and/or tricks for fast-tracking it?!
« Last Edit: October 14, 2022, 09:08:16 AM by j4j »
Visa type: UK spouse settlement 
Application submitted from: USA
Original online application submitted: Tuesday, April 4, 2017
Biometrics: Friday, April 7 (1st available appointment)
Confirmation Email: Thursday, April 20
Decision email: Wednesday, May 31, 2017
...
FLR granted Feb. 26, 2020
...
ILR applied for May 1, 2022
Decision email received August 23rd
Residence permit received August 25th
...
Next: dual citizenship


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I am a US Citizen; last summer (2021) my British husband and our son with dial-citizenship traveled to the US with an ESTA for my husband, who has been to Cuba in past 11 years. I'm not sure if we just got lucky that they didn't say anything about needing a visa or if it is not needed since his ESTA is valid until June 2023.

Hmm, I'm not sure - he might be okay as he already has an ESTA, but I don't know whether the Cuba travel will now mean it's considered invalid. You're supposed to inform them if any personal details have changed, but in his case, it's US immigration that has changed their requirements, rather than your husband's circumstances changing.

From what I can see, the US Dept of State and the US Embassy London websites do not yet list Cuba under the countries visited that mean you aren't eligible for ESTA, so I would imagine that at least for now, he will be fine to travel to the US on his current ESTA.

However, this FAQ is on the US Embassy London website (Cuba isn't listed here yet, but it could be added):

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Will everyone—including those with no ties to Iraq, Syria, Iran, or Sudan, or no prior travel to Libya, Somalia, or Yemen—have to reapply and update their ESTA applications?

No.  If you are not covered by the new eligibility requirements of the Act and you have not had your ESTA revoked, you do not have to reapply for a new ESTA authorization until your current one expires.  CBP recommends that you check the status of your ESTA authorization prior to making a reservation to travel to the United States and prior to your actual travel.

However, if you have traveled to one of the seven countries covered by the new eligibility requirements on or after March 1, 2011, CBP recommends that you do apply for a new ESTA authorization to help facilitate your travel to the United States, or apply for a visa.
https://www.cbp.gov/travel/international-visitors/visa-waiver-program/visa-waiver-program-improvement-and-terrorist-travel-prevention-act-faq

Quote
If anyone has recently obtained a non-immigrant visa appointment in Belfast or London recently, do you have the links and/or tricks for fast-tracking it?!

I have done it recently - I had a non-immigrant visa appointment at the US Embassy in London in Feb 2022.

I applied online for the visa on 12th November 2021, and at that time, the earliest visa interview appointment I could get was 23rd September 2022 (in London)!

However, on 22nd November 2021, I received an email from The Visa Information Service saying that they were opening up some earlier slots, so if I logged in at 9am on 23rd Nov, I could try for one.

I did that, and managed to secure an appointment on 11th February 2022 instead of September. They did have some appointments in January as well, but I either wasn't available to attend, or I wasn't fast enough and missed the slots, as they get taken very quickly. Also, I refreshed the page several times to update the availability and it showed different dates each time.

I attended the appointment on Friday 11th Feb, and although in the past, I've been stuck in the Embassy for 4-6 hours waiting for my number to be called, I was in and out in about 3 hours this time.

The visa was approved and arrived in the mail about 5 days later.


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Thank you so much, @ksand24! This is really good information to know. I don't think we'll be able to make it work with the tight timelines so we might just risk him using the existing ESTA from 2021 ... I can't believe you were originally given a date of almost year later for a visa appointment!!  ???
Thanks again!
Visa type: UK spouse settlement 
Application submitted from: USA
Original online application submitted: Tuesday, April 4, 2017
Biometrics: Friday, April 7 (1st available appointment)
Confirmation Email: Thursday, April 20
Decision email: Wednesday, May 31, 2017
...
FLR granted Feb. 26, 2020
...
ILR applied for May 1, 2022
Decision email received August 23rd
Residence permit received August 25th
...
Next: dual citizenship


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