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Am I in trouble for traveling to Cuba?

I'm REALLY hoping this group can help calm my worries... I'm not a US citizen but have been living there for the last 3 years. I'm on a dependent-spouse kind of visa and so I thought it was fine for me to travel to Cuba. I went thru Canada and I realized too late that they stamped my passport TWICE, once each time I entered Canada. So now I'm worried that when I enter the US again, they'll look at my 2 entry stamps to Canada and ask me where I went in that intervening time. I guess I'll need to tell the truth since it's apparently a crime to lie to a federal agent.

If that happens, do you think it will get me in trouble? 1) Could I get my green card application denied? (I'm thinking it shouldn't have any bearing on this, but still worried...) 2) Could they fine / jail me? 3) Will they just not care since I'm not American? (I'm confused as some sites say the travel ban applies only to US citizens and green-card holders and other sites say it applies to "anyone living under US jurisdiction."

Anyway, I'm insane with worry, so thanks a lot for your insight...

By worriedflyer28 on Sep 7, 2008, 21:11 in Cuba.


guacharaca says on Sep 7, 2008, 22:07:

Although I believe you are a troll, you do not have a P.R. card, therefore no laws have been broken by your travel to Cuba. Most PBHers know that there is no such thing as a "dependent-spouse kind of visa" in the USA. Just state the letter/number code of your visa and we will know exactly your status in the States for a definitive answer to your question.

Colombianos: Las armas os han dado independencia, las leyes os daran libertad. (Santander)

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worriedflyer28 says on Sep 7, 2008, 22:25:

A troll? You mean you think I'm spying here? lol... no way! My husband had an H4 visa, but now has a green card. Anyway, as his dependent (not employed), that meant I had an H-4B. He has since gotten his PR, but mine is still under application (still being processed, not yet approved, hence my worries). I do have an employment authorization card, but am not working.

So I guess right now my US status is an H4B holder with a PR application pending. Now, can I have my definitive answer please?

Do you think I could "explain away" those 2 entry stamps to Canada by saying I took a quick over-the-border trip by car to the US and the US agents didn't give me an entry or exit stamp when I did so? Or would they have a way of checking this story, i.e., are there electronic records of passport numbers or whatever? Thanks again!

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guacharaca says on Sep 8, 2008, 06:22:

On a H4B, you did not break the law. Don't worry. If they ask, tell the truth. Until they give you the "right" to live in the USA by giving you permanent resident status, certain laws do not apply to you. The whole goal of the Cuba embargo is to stop money from the USA going to Cuba. It would be absurd that the USA, by not giving you the unlimited right to live and earn money in the USA, would try to prevent you from spending your money in Cuba. The US has to give you certain rights before they can bind you to certain laws (it is a fair exchange). Unlike many other countries, the laws in the USA tend to make sense and are generally fair.

Another optional law for someone in your status is "declaring your worldwide income" to the IRS.

Colombianos: Las armas os han dado independencia, las leyes os daran libertad. (Santander)

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babygirl says on Oct 13, 2008, 15:15:

Morphus, they stamped your passport in Cuba?

Best quote of the week... "should I be taking this pill with wine?" Canadian Girls Kick Ass!

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babygirl says on Oct 14, 2008, 19:36:

Wow, I've never been stamped once. I kind of want it for my collection. :) They only stamp my tourist card when I'm there. Maybe next time I'll ask.

Best quote of the week... "should I be taking this pill with wine?" Canadian Girls Kick Ass!

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babygirl says on Oct 15, 2008, 16:43:

Me too, maybe I'll take my old one and ask for a souvenir... but I don't want it if it says bank. haha.

Best quote of the week... "should I be taking this pill with wine?" Canadian Girls Kick Ass!

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Lostgringo says on Oct 16, 2008, 06:37:

funny I have never had my passport stamped in Cuba. I have traveled there many times.

Your Home Away from Home www.welovebogota.com and www.apartmentinbogota.com "Luxury apartments and rooms Cheap" Only 2 blocks from the American Embassy! 24/7 hour security.http://www.monsterrakebacks.com Come gamble and get money back!

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cuidate says on Nov 30, 2008, 13:59:

Anyone granted permission to live in the US is subject to all of its laws. That includes those that regulate travel to Cuba. Technically you ARE subject to all the same restrictions as any American, and could potentially lose your right to stay in the US.

That being said, OFAC is a toothless dog that doesn't enforce anything anymore. It's been that way for years now despite the fear-mongering efforts of the Bush administration to pretend that that dog DOES hunt.

Only a few people are ever fined out of the 100's of thousands that visit there regularly and illegaly. ALL of those illegal visitors had just as many stamps in their passports as you do and no one on any forum I have followed over the years has ever suggested they were even questioned about them.

Even if you were asked, you have the right to refuse to answer. I have used it every time when asked by US Customs, "When was the last time you went to Cuba?" I have been asked that so many times that I came up with a standard response to such a self-incriminating question, "It was about the same time that you stopped beating your wife. When exactly was that?" You are not required to answer any question that might incriminate you.

I have received two letters from OFAC over the years, both of which I responded with the standard "Fifth Amendment" Letter you can download from the Center for Constitutional Rights (CCR) in New York. That was more than five years ago and nothing has come from any of it, nor will there ever be.

Don't worry about it. It's about as genuine as an "orange alert" and only intended to suspend you in a fictitious fear. Republicans like to do that.

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Ken says on Feb 22, 2009, 15:51:

You wereñ´t before posting this story, but now you sure as hell are. Should have ripped the page out and said nothing.

The net has ears

And it´s so hard to get a job tese days

0 funny, 0 helpful.

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