# Will travel to Cuba affect immigration application?



## LivH (Apr 6, 2014)

Hi everyone, my husband and I are from the UK and have been living in the US on J visas for the last few years. We plan to apply for green cards soon (via H visas).
We want to visit Cuba but given the icy (but thawing?) relationship between the two nations we're worried this travel could affect the H visa and Green Card application process. Does anyone have any knowledge about this? Much appreciated,
Liv


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## Bellthorpe (Jun 23, 2013)

I can't see how it can affect anything. My wife and I are in the process of booking a trip to Cuba soonish.


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## BBCWatcher (Dec 28, 2012)

U.S. travel restrictions to Cuba apply to U.S. citizens and (importantly) "others under U.S. jurisdiction." That includes U.S. residents on J visas, yes. I disagree with Bellthorpe in these circumstances.

If you're not yet subject to U.S. jurisdiction, then it shouldn't be a problem in a visa or green card application. Travel to Cuba might trigger some questions, of course, but ordinarily that would be that. However, if you're already subject to U.S. jurisdiction then you really don't want to be breaking U.S. laws that apply to you, especially when you're asking the U.S. government for a favor -- and a visa or green card is a favor, not a right.

Note that it is possible to travel to Cuba legally, in an _approved_ way. If you're visiting Cuba in a State Department-authorized way -- with part of a licensed university tour group, to pick an example -- no problem.


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## twostep (Apr 3, 2008)

Bellthorpe said:


> I can't see how it can affect anything. My wife and I are in the process of booking a trip to Cuba soonish.


Your personal situation does not reflect OP's.


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## twostep (Apr 3, 2008)

LivH said:


> Hi everyone, my husband and I are from the UK and have been living in the US on J visas for the last few years. We plan to apply for green cards soon (via H visas).
> We want to visit Cuba but given the icy (but thawing?) relationship between the two nations we're worried this travel could affect the H visa and Green Card application process. Does anyone have any knowledge about this? Much appreciated,
> Liv


Cuba
J1 falls under jurisdiction of DHS.

Looks like global warming has not yet reached Cuba.


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## Hijo_del_mar (Sep 4, 2015)

Short answer,
No it will not affect your green card application. At very most they will ask what you were doing there. As long as your not participating in any form espionage or drug smuggling you should be fine.


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## Bevdeforges (Nov 16, 2007)

If in doubt, use your "other" passport to travel to Cuba. As a citizen of another country, you're perfectly able to visit Cuba.
Cheers,
Bev


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## twostep (Apr 3, 2008)

Bevdeforges said:


> If in doubt, use your "other" passport to travel to Cuba. As a citizen of another country, you're perfectly able to visit Cuba.
> Cheers,
> Bev


What "other passport" is a J1 hoping for H1B supposed to use to travel to Cuba? J1 is under US jurisdiction and Cuba is a no go zone unless specifically authorized.


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## BBCWatcher (Dec 28, 2012)

Correct, and even if the original poster has 14 passports he's still the same person, subject to U.S. jurisdiction, and required to answer questions truthfully.

There's only one legal answer here. However, within the past half century it's never been easier to travel to Cuba _legally_. Do that if you want to visit Cuba.


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## Bellthorpe (Jun 23, 2013)

twostep said:


> Your personal situation does not reflect OP's.


We do not have J visas, but it’s similar in other respects.



BBCWatcher said:


> U.S. travel restrictions to Cuba apply to U.S. citizens and (importantly) "others under U.S. jurisdiction." That includes U.S. residents on J visas, yes.


What does ‘under US jurisdiction’ mean? I’ve not seen the term used in any other border control sense. If it applies to J visas, I guess it applies to our E-3 visas also. But we leave the country at least every two months, and no-one asks us where we’re going. 

Correct me if I’m wrong, but the US has no exit controls.



BBCWatcher said:


> There's only one legal answer here. However, within the past half century it's never been easier to travel to Cuba _legally_. Do that if you want to visit Cuba.


I don’t see any suggestion that the OP wanted to visit illegally, or as a tourist. And yes, it’s dead easy to join an official tour group. 



Bevdeforges said:


> If in doubt, use your "other" passport to travel to Cuba. As a citizen of another country, you're perfectly able to visit Cuba.
> Cheers,
> Bev


I don’t see anything to suggest that the OP has any other passport.

My wife and I do (have passports other than the ones in which are our US visas), but prudence suggests that we use that one when leaving the US. And of course we have to when re-entering the US. We use our other passports when entering Europe, for example, and will also when entering Cuba.


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## twostep (Apr 3, 2008)

Bellthorpe said:


> We do not have J visas, but it’s similar in other respects.
> 
> 
> 
> ...


Enjoy! OP is planing to immigrate to the U.S.


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## Bellthorpe (Jun 23, 2013)

You bet, thanks.

We will apply for green cards soon.


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## BBCWatcher (Dec 28, 2012)

Bellthorpe said:


> What does ‘under US jurisdiction’ mean?


"Person subject to the jurisdiction of the United States" is helpfully defined right in the Cuban Assets Control Regulations, specifically in 31 CFR § 515.329. I'll quote that whole definition:



31 CFR § 515.329 said:


> Person subject to the jurisdiction of the United States.
> 
> The term person subject to the jurisdiction of the United States includes:
> 
> ...


Let's now take a look at § 515.330 for completeness:



31 CFR § 515.330 said:


> Person within the United States.
> 
> (a) The term person within the United States, includes:
> 
> ...





> If it applies to J visas, I guess it applies to our E-3 visas also.


It does. The definition is quite broad, as one might expect when applying the plain meaning of those words ("subject to...jurisdiction"). It even includes many undocumented individuals. Note that the word "permanent" does not appear in front of the word "resident." This is not an INA definition -- it's a CACR definition.



> Correct me if I’m wrong, but the US has no exit controls.


So what? The law still applies.

To reiterate, there is only one legal answer to the original poster's question. This isn't even a close call. CACR applies, full stop.


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## Bellthorpe (Jun 23, 2013)

Interesting, thank you. Especially 'Any person actually within the United States'. Which would mean that no person, even in transit, could ever go to Cuba from the US as a tourist (except for the usual 'study' groups etc).

Although such a person (transit) would be, the moment they left the US, not within the jurisdiction of the US ...

Now, what is a resident? According to the IRS I'm not a resident.

As I said, interesting. I'll think this through some more.


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## BBCWatcher (Dec 28, 2012)

Bellthorpe said:


> Now, what is a resident? According to the IRS I'm not a resident.


The Internal Revenue Code's definition of residency cannot be relied upon to interpret the CACR's definition of residency. To illustrate the point, the Immigration and Nationality Act's definition of residency is not the same as the IRC's definition. You can be a U.S. tax resident without being (in immigration/INA terms) a U.S. resident -- that's _quite_ possible, with millions of individuals fitting that profile.

To interpret the CACR's definition of U.S. residency (if it even matters) you'd have to look at what's contained in those regulations, in its enabling legislation, and in any court precedents associated with that particular set of regulations. That's an exercise I leave to the reader, though I would point out that the word "permanent" does not appear in front of the word "resident" in the CACR, so that's another clue one shouldn't try to apply definitions in the INA to the CACR. The CACR's authors would have written "permanent resident" if they meant it, but they didn't.

Finally, as important context, I'll reiterate this point: the granting of a U.S. visa and/or green card and/or future citizenship is (in the main) a privilege, not a right. I do not recommend violating the law, but I particularly do not recommend violating the law when you're asking the same government for a favor, or for maintenance of a favor. _Especially_ when there's no "damn good reason" to violate the law, and there's no reason here. Travel to Cuba _in legal ways_ is rather easy, so I recommend staying legal.


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## Bellthorpe (Jun 23, 2013)

I agree. As I said earlier:



> I don’t see any suggestion that the OP wanted to visit illegally, or as a tourist. And yes, it’s dead easy to join an official tour group.


I'm not debating this for the sake of argument. I'm learning more with each iteration, and I find it interesting. When we go to Cuba, we'll do so legally. Whichever way that might be.


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## BBCWatcher (Dec 28, 2012)

Bellthorpe said:


> Which would mean that no person, even in transit, could ever go to Cuba from the US as a tourist (except for the usual 'study' groups etc).


You are correct here, though "no person" is a bit overstated. Cuban diplomats obviously manage(d) to get from New York to Havana, for example.

That's often how embargoes work, particularly embargoes as long lived as this one. The CACRs preclude, for example, a thoroughly Canadian airline from stopping in the United States (even for refueling, setting aside cabotage rules if any) and continuing onto Cuba unless that airline is licensed under the U.S. CACRs.

They also prohibit even an unambiguously Canadian resident of, say, Ottawa from getting in her rental car, driving south across the United States, then boarding a boat in Florida to sail to Cuba -- and prohibit the boat from taking her there -- unless licensed. (To be clear, she's OK going to Florida but not OK from Florida to Cuba.) That same individual could hypothetically drive to Mexico _then_ board a boat to Cuba provided the boat and its operator are not subject to U.S. jurisdiction as the CACRs define it, all without a U.S. license. However, to extend the example, the CACRs are presumably triggered if that hypothetical Canadian stops in Kansas and, say, signs a lease on an apartment in Topeka.

None of this should be construed as legal advice. If you want legal advice, please hire a competent attorney. Or just travel to Cuba via one of the myriad licensed options available -- it's not at all hard.


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## LivH (Apr 6, 2014)

Thank you everyone for the sound advice. Particularly @bbcwatcher. We will play it safe for now and not plan anything... unless we have no intention of returning to the states!
Thanks all!


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