Adam Stouffer

Heres a tricky question for everyone. My wife is living in the US now
under a K1 visa. She filed for AOS and AP in November and has the AP
papers for returning fom Canada. So my wife is not a permanent resident
yet. Is she allowed to go to Canada and then to Cuba? I'm worried about
someone seeing the stamp in her passport. This question has me wondering
because its not like you can ask for AP for Cuba. I read the ban applies
to US citizens and permanent residents, how about those under
conditional status?


Adam

Jonathan McNeil Wong

Adam Stouffer wrote:
    > Heres a tricky question for everyone. My wife is living in the US now
    > under a K1 visa. She filed for AOS and AP in November and has the AP
    > papers for returning fom Canada. So my wife is not a permanent resident
    > yet. Is she allowed to go to Canada and then to Cuba? I'm worried about
    > someone seeing the stamp in her passport. This question has me wondering
    > because its not like you can ask for AP for Cuba. I read the ban applies
    > to US citizens and permanent residents, how about those under
    > conditional status?
    >
    >
    > Adam

Technically travel to Cuba is not forbidden, even to U.S. citizens.
What is forbidden is to spend money in Cuba unless the transaction is
licensed by the U.S. Office of Foreign Assets Control (OFAC). The
practical result is that unless you have an OFAC license or unless the
travel falls under the OFAC general license (or unless you receive an
all-expenses paid invitation from some other government and you don't
spend a penny in Cuba), you violate the OFAC regulations. As a U.S.
citizen or permanent resident, this means you commit a federal crime,
which for a noncitizen also has immigration consequences.

Take a look at the Consular Information Sheet for Cuba, available from
http://travel.state.gov.

Ian-Mstm

    > Adam Stouffer wrote:
    > > Heres a tricky question for everyone. My wife is living in the US
    > > now
    > > under a K1 visa. She filed for AOS and AP in November and has the AP
    > > papers for returning fom Canada. So my wife is not a permanent
    > > resident
    > > yet. Is she allowed to go to Canada and then to Cuba? I'm worried
    > > about
    > > someone seeing the stamp in her passport. This question has me
    > > wondering
    > > because its not like you can ask for AP for Cuba. I read the ban
    > > applies
    > > to US citizens and permanent residents, how about those under
    > > conditional status?
    > >
    > >
    > > Adam
    > Technically travel to Cuba is not forbidden, even to U.S. citizens.
    > What is forbidden is to spend money in Cuba unless the transaction is
    > licensed by the U.S. Office of Foreign Assets Control (OFAC). The
    > practical result is that unless you have an OFAC license or unless the
    > travel falls under the OFAC general license (or unless you receive an
    > all-expenses paid invitation from some other government and you don't
    > spend a penny in Cuba), you violate the OFAC regulations. As a U.S.
    > citizen or permanent resident, this means you commit a federal crime,
    > which for a noncitizen also has immigration consequences.
    > Take a look at the Consular Information Sheet for Cuba, available from
    > http://travel.state.gov.
    > --
    > Above intended as general commentary, not specific legal
    > advice. Your mileage may vary.
    > ================================================== =============
    > Jonathan McNeil Wong Voice: 510-451-0544
    > Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
    > P.O. Box 12979 http://www.donahue.com
    > Oakland, CA 94604-2979 E-mail:
    >
    > ================================================== =============

I'm pretty sure this also extend to anyone under US jurisdiction - such
as someone living in the US whether or not they're permanent
residents... like someone who has applied for AOS.

Ian