Cuban-Spanish immigrants face difficulties entering the United States.

The thousands of Cubans who today enjoy the Spanish citizenship thanks to the Law of Historical Memory, they could be facing difficulties in enter American territory, according to some experiences shared in recent weeks. Directorio Cubano has approached the topic and attempts to answer the questions of many readers, in the face of what appears to be the prelude to a North American immigration policy.

Indeed, recent incidents suffered by Cuban-Spanish citizens who regularly travel to the United States have put on alert those who, while enjoying dual citizenship, used to travel to the United States only with an ESTA (an acronym for Electronic System for Travel Authorization).

"They told me: you can't spend more time here in the United States than you did in Cuba. They explained to me that with ESTA, I couldn't travel to the United States and that I had to apply for a five-year visa.", says a Cuban citizen who had traveled repeatedly to the United States, but nevertheless, during his last trip, he faced difficulties with immigration authorities.

According to his account, upon his arrival in the US, he was taken to an office in front of an Immigration representative who informed him that he would not be able to officially enter the country. According to his account, he was told that if he was a Cuban-Spanish citizen, he could no longer enter the US using the ESTA, but that he would have to apply for a five-year visa to guarantee his admission to the United States. He describes that he was not the only one in a similar situation at that office; rather, more than a dozen Cuban-Spanish citizens were facing similar difficulties and receiving the same warning as him.

The protagonist was suggested to travel to Spain and reside there for a while to clear his immigration record, with repeated trips between Cuba and the United States, but never to Spain.

Other Cuban-Spanish citizens who have been involved in similar circumstances also claim that they would only need to wait a year to be able to reapply for ESTA and enter the United States without any problems.

Thousands of Cuban-Spanish citizens, having obtained Spanish citizenship, have never traveled to Spain, a country much more distant than the United States, where airfares are often more expensive, there are fewer job opportunities, and the cost of living is often higher.

In this way it is very common that these citizens have dedicated themselves to traveling to the United States enjoying the advantages of their dual citizenship and have sought a livelihood either by working for a few months in any orcupaction and saving their income to later return or buying and reselling merchandise in Cuba.

However, a new circumstance could be tarnishing those plans: the declared anti-immigrant policy implemented by Donald Trump and the closure of important avenues through which Cubans could traditionally reach the United States. In other words, right now, the most effective way for a Cuban to settle in that country is to apply for the Cuban Adjustment Act, and this is only possible by traveling legally to the United States. And today, it is frankly very difficult to obtain a visa for the United States, so it is easier for those Cubans who, with dual Spanish citizenship, can enter the US through the ESTA.

However, their chances of being able to use ESTA again are actually much lower, since this citizen and others, by staying in the United States for several months working, violated ESTA regulations, and now have even less chance of obtaining a visa. 

What does the ESTA indicate?

The ESTA is a travel authorization to the United States issued by the Department of Homeland Security and is processed through an electronic system that allows you to apply for an entry permit to the United States online, that is, through the Internet.

While the ESTA utilizes the Visa Waiver Program, it is clearly worded, and it makes it clear that if the applicant wishes to travel to the U.S. for work, they must apply for a visa for that purpose.

Once you arrive in the United States, at the port of entry, a U.S. Customs and Border Protection officer will inspect your case and may determine whether or not you are admissible under U.S. law.

Citizens who have held multiple jobs in the United States and have raised suspicions due to their repeated long-term travel could face serious setbacks the next time they attempt to enter the United States.

Thousands of Cubans acquired Spanish citizenship thanks to the Historical Memory Law, and this opened the doors to the United States with incredible ease. But as we said before, it's no surprise that immigration officials are scrutinizing Spanish Cubans seeking to travel to the United States and return to Cuba with money or junk.

And as we said, in order to return with money, many of these Cuban-Spaniards need to work, but that is strictly prohibited by ESTA.

While no official position has been issued or controls tightened, the repeated stumbles of some are enough to raise a red flag on the matter. There is only one piece of advice: The ESTA requirements must be fully complied with, or else these privileges will be lost, perhaps for life.

Please consider the many Cubans who risk their lives by sea or crossing the jungle to reach the US. They should not miss out on the benefits provided by ESTA for failing to comply.

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