Cuba - EU citizen living in the US on a J1 visa visiting Cuba

Hello,

I'll be visiting Cuba this summer. I live in the US and I'll fly to the Cayman Islands.

I have a EU passport and I'm on a J1 visa, so technically I am not a resident, I am a visitor. Actually, one time I put on the I-94 form that my country of residence was the US (because I thought they meant the country where I live) and the immigration officer crossed it out and put my EU native country instead. He told me I'm not considered a resident, but rather a visitor.

I have paid everything in the Cayman portion of the trip with my US credit card (airfares, hotels, rental car). But the Cuba portion of the trip I paid with my European credit card issued by a European bank where I have all the money I made in Europe before ever coming to the US. I never transferred any money from my US account to that account, but I don't know if that's relevant.

I will only be using my European credit card in Cuba to withdraw the local currency. My US credit card is not going anywhere outside my wallet while in Cuba (it wouldn't work there anyway).

I don't want to lie on the immigration and customs forms and I'm going to list Cuba as a visited country. What should I expect when clearing (hopefully) immigration at Miami airport?

Thanks!

If I were you, I would not list Cuba as a visited country.

As a J1 visa holder is considered a non-resident under US immigration law. Therefore, upon your departure from the United States, you are no longer subject to US jurisdiction. You are well within your legal right to visit Cuba.

Also maybe for the future, J and F visas are the only type of visas which render you a non-resident. If you hold a work visa, such as H1B or TN (even though they are non immigrant visas), it classifies you as a US resident.

That being said... Listing Cuba as a place visited upon return to the US will trigger a secondary (most likely). Save yourself the time. In addition, Cuba doesn't stamp passports.

Thank you alexb133 for the information.

There are chances that in the future I move to a H1B visa, so it's good to know that if I want to visit Cuba legally I have to do it before changing my J1 visa.

Even if Cuba doesn't stamp my passport Cayman Islands will. I think they do both entry and exit. So it will we suspicious if I only list the Cayman Islands and I have an entry stamp, then an exit stamp the day after, then an entry stamp the week after, and then an exit stamp the day after.

If the only thing that is going to happen is that I will spend some time at the secondary inspection, and that is 100% the ONLY thing that will happen to me, I might not risk my situation by lying on the customs form. I booked flights with a two and half hour layover and I will be traveling just with a backpack...

Also, everything I buy in Cuba (basically souvenirs, not cigars) I will send to my country in Europe from the Cayman Islands. And this might seem too paranoid, but I will bring an extra SD card to copy all the pictures I take in Cuba and I will send it along with the souvenirs. I will bring no laptop with me.

Thank you alexb133 for the information.

There are chances that in the future I move to a H1B visa, so it's good to know that if I want to visit Cuba legally I have to do it before changing my J1 visa.

Even if Cuba doesn't stamp my passport Cayman Islands will. I think they do both entry and exit. So it will we suspicious if I only list the Cayman Islands and I have an entry stamp, then an exit stamp the day after, then an entry stamp the week after, and then an exit stamp the day after.

If the only thing that is going to happen is that I will spend some time at the secondary inspection, and that is 100% the ONLY thing that will happen to me, I might not risk my situation by lying on the customs form. I booked flights with a two and half hour layover and I will be traveling just with a backpack...

Also, everything I buy in Cuba (basically souvenirs, not cigars) I will send to my country in Europe from the Cayman Islands. And this might seem too paranoid, but I will bring an extra SD card to copy all the pictures I take in Cuba and I will send it along with the souvenirs. I will bring no laptop with me.

Your welcome, and welcome to FT . ^

Very smart thinking about the Cuban souvenirs. Better to send them to Europe rather than bringing them to the US. Let me know how CBP treats you after they find out you went to Cuba.

BTW where are you going ? We have been to Varadero, and Cayo Coco.
Both beautiful places, and great people!

Let me know how CBP treats you after they find out you went to Cuba.

I will post it in here so other J-1 visa holders can find it.


BTW where are you going ? We have been to Varadero, and Cayo Coco.
Both beautiful places, and great people!
I haven't planned yet. I will be a in a casa particular for a week in Havana, and maybe I will ask if there's a day trip that I totally have to do. But the idea is staying in Havana.

If the only thing that is going to happen is that I will spend some time at the secondary inspection, and that is 100% the ONLY thing that will happen to me, I might not risk my situation by lying on the customs form. I booked flights with a two and half hour layover and I will be traveling just with a backpack...

I would advise against lying on any customs form as the potential downsides are too steep to consider, at least IMHO, and just aren't worth it.

FWIW Having seen some of rural Cuba if you can I'd encourage you to explore the countryside and other centers such as Cienfuegos or Trinidad. Those are a fair distance away from Habana so would also recommend the province closer to the capital, Pinar Del Rio, as worth a visit for it's natural beauty. This provice forms the western end of Cuba and is IMHO an overlooked gem.

I would advise against lying on any customs form as the potential downsides are too steep to consider, at least IMHO, and just aren't worth it.


Sorry, I meant to say that I WILL NOT risk my situation by lying. In fact, I'm so sure about not lying that I'm thinking about getting my passport stamped in Cuba just to have the stamp as a souvenir.

By the way, thanks for the suggestions. I will inquire about going to Pinar del Río.

Sorry, I meant to say that I WILL NOT risk my situation by lying. In fact, I'm so sure about not lying that I'm thinking about getting my passport stamped in Cuba just to have the stamp as a souvenir.

Well, I'm not sure I'd go that far but the choice is yours to make. That stamp could cause many questions later so I'd skip it but that's MHO.

By the way, thanks for the suggestions. I will inquire about going to Pinar del Río.

You are welcome. Habana is a must-see but if you do have some time and can escape the city I would recommend seizing the day, so to speak. ;)

Americans visit Cuba by the hundreds of thousands every year illegally. Nobody gets in trouble for it. Cuban immigration officials don't stamp American passports and Cuba welcomes Americans with open arms. If you don't want to lie, then simply don't go (unless the terms of your visa allow you to legally go).

America actually is Cuba's second largest source of tourists after Canada, and that figure only includes Americans that come legally.

Americans visit Cuba by the hundreds of thousands every year illegally. Nobody gets in trouble for it. Cuban immigration officials don't stamp American passports and Cuba welcomes Americans with open arms. If you don't want to lie, then simply don't go (unless the terms of your visa allow you to legally go).

America actually is Cuba's second largest source of tourists after Canada, and that figure only includes Americans that come legally.

Yeah, I agree with MAH. Upon your return to the US, I would not list Cuba as a visited country if I were you. Even though your visa terms allow for that, it doesn't mean they won't give you a hard time. You are going to be sent to secondary, they will do all standard bag searches and question you. If you plan to do that, at least choose a longer layover.

Now you stated you'll clear CBP in Miami.. Granted, they should be more familiar with Cuban travel than any other POE.

America actually is Cuba's second largest source of tourists after Canada, and that figure only includes Americans that come legally.

Not that I doubt you but do you have any reference for that stat.? I would've thought EU visitors would've been ahead of "legal" U.S. visitors but couldn't find any really recent numbers beyond this note on U.S. State Department from a few years back:

Roughly 1.7 million tourists visited Cuba in 2001, generating about $1.85 billion in gross revenues; in 2003, the number rose to 1.9 million tourists, predominantly from Canada and the European Union (EU), generating revenue of $2.1 billion. (http://www.state.gov/r/pa/ei/bgn/2886.htm)

I'd imagine the bulk of U.S. visit to Cuba is for family purposes, not tourism or business.

The new changes, which come on top of loosened restrictions for Cubans and Cuban-Americans visiting relatives in Cuba, are expected to push the number of travelers visiting Cuba this year to 450,000 this year. “We estimate 375,000 to 400,000 Cuban Americans will visit this year and another 50,000 in other categories of legal travel,” said Mr. Guild of Marazul.

http://travel.nytimes.com/2011/07/10/travel/at-long-last-legal-trips-to-cuba.html?hpw