DS-260 Refused entry into US

[karppi 6]

Hi,

 

I am wondering if by clicking "Yes" to the question in the DS-260 "Have you ever been refused admission to the United States at the port of entry?" would this disqualify your application or significantly harm it?

 

For context, it would be refusal because the person tried to enter on an ESTA after traveling to Cuba. The applicant travelled to Cuba a few months ago, which means she is not eligible for the ESTA and must complete a B2 visa to enter the US from here on out. 

 

The applicant previously traveled to the US on an ESTA (after visiting Cuba), it has only come to our attention recently that this is actually not allowed. Wondering if she travels again to the US on the same ESTA but this time is refused entry, how that would look on the DS-260?

[Boiler 45,525]

She knows better now so travelling is not an option without a B

[BLC 112]

Forgive me, but it’s been a long time since I saw the ESTA questions…but I don’t remember Cuba being on that list of countries (with Iran, Somalia, Iraq, etc.). Is that the part you’re talking about with ESTA? Or is this just some rule that once you have ESTA, you cannot travel to Cuba if you want to use it to go to the US afterwards?

[CMJuilland 485]

When did she visit Cuba? You said a few months ago, so I’m assuming after January 12, 2021, which is when Cuba was added to the list of “State Sponsors of Terrorism” (see here: https://www.state.gov/state-sponsors-of-terrorism/). If that’s the case, then yes, her ESTA privileges are gone. This is how the CBP’s ESTA website handles this question (under FAQs): 

How does Cuba’s designation as a State Sponsor of Terrorism impact my travel to the United States using my approved ESTA? 

If a traveler is found to have visited a country designated as State Sponsor of Terrorism, the traveler is no longer eligible to participate in the Visa Wavier Program and must apply for a visa to enter the United States.

(https://esta.cbp.dhs.gov/faq?lang=en&focusedTopic=About ESTA and The Visa Waiver Program&answerToDisplay=How does Cuba’s designation as a State Sponsor of Terrorism impact my travel to the United States using my approved ESTA%3F ) 

 

If you’re worried about the “refused admission to the United States” question on the DS-260, I would be a lot more worried about the fact that this person you’re talking about is apparently and knowingly considering the use of a benefit (ESTA) that’s no longer available to her.