Clearances for Cubans Applying in Havana
DOS Cable
Clearances for Cubans Applying in Havana
May 15, 1999
UNCLAS STATE 090406
VISAS
E.O. 12958: N/A
TAGS: CVIS, CU
Subject: Changes To Special Processing Requirements For Certain Cuban Applicants
Ref: State 25434
Summary. This cable announces the implementation of an expedited visa processing procedure for certain qualified Cuban nationals in Cuba. The expedited procedure applies to all persons previously subject to the October 4, 1985, presidential proclamation on Cuba with six exceptions. All Cuban visa applicants applying for visas outside of Cuba remain subject to the visas donkey and visas eagle procedures previously outlined in the Reftel special processing requirements (reiterated in paragraph four below for ease of reference). Also, press guidance on this streamlined visa processing procedure is provided in paragraph six. End summary.
1. On January 5, 1999, the President announced measures designed to promote people-to-people contact between the united states and Cuba, particularly in the educational, cultural, scientific, athletic, professional and religious AREAS. In order to facilitate people-to-people contact, the procedures for handling visa applicants under the October 4, 1985, presidential proclamation on Cuba, suspending the entry into the united states of certain employees and officers of the government of Cuba and the communist party of Cuba under section 212(f) of the immigration and nationality act (INA), have been modified. Effective may 17, 1999, there are only six categories of employees or officials of the government of Cuba or the communist party of Cuba applying in Cuba who are subject to the visas donkey procedures.
2. For USINT Havana: The six categories of persons that remain subject to the proclamation and the visas donkey procedures are:
A) The President and the Vice President, a Minister or Vice Minister of the Government of Cuba;
B) The President and the Vice President of the National
Assembly of Cuba;
C) A Politburo Member, Central Committee Department Head and Provincial First Secretary of the Communist Party of Cuba;
D) A Senior Military, Intelligence, Police Official; and
E) A Cuban Government OR Communist Party Officer or employee determined by the U.S. interests section to be a person of potential foreign policy concern to the United States; and
F) A Cuban Government or Communist Party Officer or employee whose application is opposed by an interested USG agency within ten days of submission of the case to Washington. (USINT Havana will not be required to send a new visas donkey cable on such cases, as the department will reference Havana's initial visas eagle cable when requesting that visa processing be suspended.)
Employees or officers of the government of Cuba or the communist party of Cuba who do not fall within the six categories requiring security advisory opinions noted above are now subject to a ten-working day visas eagle pre-check procedure. This means the interests section is required to send a visas eagle name check cable on such persons and is authorized to issue a visa after a ten (10)-working day (not calendar day) suspense period. the interests section is instructed to send a visas eagle telegram on a postcheck basis for all other Cuban applicants (nonimmigrants, immigrants, and applicants for refugee status) who are ages 21-55.
3. For all visa issuing posts except USINT Havana: Cuban applicants applying for visas outside of Cuba remain subject to the October 4, 1985, presidential proclamation on Cuba. Visa processing procedures for Cuban applicants applying for visas outside of Cuba remain the same as outlined in the Reftel special processing requirements telegram and are repeated below for ease of reference. Posts must continue to send visas eagle telegrams for all Cuban applicants (nonimmigrants, immigrants and refugees) ages 16-80, who are not subject to the security advisory opinion requirements. (see para 4 ii a, items 1 thru 8 below.) Nonimmigrant visas may be issued on a postcheck basis at the consular officer's discretion without department approval.
4. Guidance provided in Reftel is hereby repeated:
I. General
Submission of Visa Applications and Photographs
A copy of the visa application (Form OF-156) of all nonimmigrant visa recipients, with a recent, original photograph firmly affixed (two photographs in the case of professional diplomatic couriers) must be sent directly and expeditiously to: the Washington Field Office, 601 4th Street, NW, Washington, D.C. 20535-0002, attn: Stuart Hoyt.
(1)No application or photograph need be submitted in cases involving chiefs and deputy chiefs of state, heads of government, chiefs of mission, their immediate families and accompanying crewmembers; and
(2)No photograph need be provided if one has been submitted within the previous three years.
Presidential Proclamation on Cuba
On October 4, 1985, the president signed a proclamation suspending the entry into the united states as nonimmigrants of Cuban nationals who are officers or employees of the government of Cuba or the communist party of Cuba under section 212(f) of the INA. All Cuban applicants previously subject to the October 4, 1985, proclamation and applying for visas at USINT Havana, with six exceptions, are now exempt from the SAO procedures.
Due to the structure of the Cuban economy, this proclamation effectively requires that all other visa issuing posts submit security advisory opinion requests on nearly all categories of Cuban nationals.
II. Nonofficial Travel
A) Visas Donkey Security Advisory Opinion Requests
When a Visas Donkey Security Advisory Opinion has been requested, the department's response is required prior to visa issuance. In addition, USINT Havana must always be an info addressee on these telegrams.
For all visa issuing posts, except USINT Havana (which should refer to paragraph two above), a Visas Donkey Telegram must be submitted for the following categories of nonimmigrant visa applicants coming for nonofficial purposes:
1)Any person, including a child, who presents a Cuban diplomatic or official passport;
2)any person who works in a Cuban government office, university, or state commercial enterprise, and is traveling for job-related purposes or whose travel is funded by the Cuban government;
(3)any person who holds a professional or managerial position in a Cuban government office, university, or state commercial enterprise, and is traveling for job-related purposes or whose travel is funded by the Cuban government;
(4)any Cuban resident who is a professional performer or artist;
(5)any person who works as a manager or professional on a project in another country on loan from Cuba;
(6)any person suspected of violating Cuban assets control regulations or of traveling to the united states on behalf of Cuban commercial enterprises;
(7)any Cuban who is applying for an individual crewmember (c-1/d) visa, regardless of the registry of the vessel or the applicant's position aboard; and
(8)any applicant on whom the consular officer wishes to have the department's security advisory opinion.
B) Visas Eagle Name Check Requests
(1)Applications at the USINT Havana
A visas eagle telegram must be submitted on nonimmigrants on a pre-check basis for all employees and officers of the government of Cuba and the communist party of Cuba who do not fall within the categories requiring a security advisory opinion noted in paragraph two (above). A visas eagle telegram must be submitted on a postcheck basis for all other nonimmigrants, all immigrant applicants, and all applicants for refugee status who are age 21-55.
(2)Applications at all other posts
A visas eagle telegram must be submitted for all Cuban applicants (nonimmigrants, immigrants, and refugees) ages 16-80, who are not subject to the security advisory opinion requirements. Nonimmigrant visas may be issued on a postcheck basis at the consular officer's discretion without department approval.
III. Official Travel
(a) Visas Bear Security Advisory Opinion Requests
A visas bear telegram must be submitted for all a, c-3, and g visa applications. When a visas bear security advisory opinion has been requested, the department's response is required prior to visa issuance. USINT Havana must always be included as an info addressee on visas bear telegrams.
(b) Port of Entry Restrictions for A, C-3, G-1, and G-2 Visa Holders
(1)Designated Ports of Entry
Cuban bearers of A, C-3, G-1, and G-2 visas may only enter the United States through one of the four designated ports of entry listed below:
New York City
Washington, D.C. (Dulles Only)
Miami
Houston
There are no restrictions on the ports through which Cuban officials may depart the United States.
(2)Annotation of Visas
The designated port(s) of entry which will be used should be annotated on the visa as follows: entry at (name the designated port(s)). For officials issued multiple entry visas, all of the above designated ports should be annotated. If the designated port of entry changes after issuance of the visa, a notation of that change, signed and sealed by a consular officer, should be made on the next available page of the passport. The designated port(s) of entry should be indicated in the required visas bear telegram.
5. For all addressees: should you have any questions about Cuban visa processing, please do not hesitate to contact in CA/VO/L/C.
6. Questions and answers on changes to special processing requirements for certain Cuban visa applicants follow.
Q: Has the October 4, 1985, proclamation on Cuba been rescinded?
A: No, but the procedures for handling cases under the proclamation have been modified.
Q: What modifications have been made to the application of the 1985 proclamation on Cuba?
A: Applications of persons resident in Cuba and subject to the proclamation will be processed more quickly unless they are in one of the six categories of employees or officers of the Government of Cuba or the Communist Party of Cuba.
Q: What are the six categories of employees or officers who will not benefit from the new procedures?
A: The six categories of persons are:
1) The president and vice president, a minister or vice minister of the Government of Cuba;
2) The president and the vice president of the National Assembly of Cuba;
3) A politburo member, central committee department head or provincial first secretary of the communist party of Cuba;
4) A senior military, intelligence or police official;
5) A Cuban government or communist party officer or employee determined by the U.S. interests section to be a person of potential foreign policy concern to the United States;
6) A Cuban government or communist party officer or employee whose application is opposed on potential national security grounds requiring further review.
Q: What is the difference between the current visa screening process and the former visa screening process?
A: The former visa screening process covered all government of Cuba and communist party of Cuba employees or officers, regardless of rank.
Q: When do or when did the streamlined procedures go into effect?
A: The streamlined procedures went into effect May 17, 1999.
Q: Why were the procedures streamlined?
A: The streamlined procedures were implemented to carry out president Clinton's January 5, 1999, announcement regarding people-to-people contact between the United States and Cuba, particularly in the educational, cultural, scientific, athletic, professional and religious areas.
Q: What about Cuban visa applicants applying for visas outside of Cuba?
A: procedures for Cubans applying for visas outside of Cuba remain unchanged. such applications must still be submitted to Washington for approval.
Q: How long will it take a Cuban visa applicant in Cuba to get a visa under the new procedures?
A: It should take approximately ten working days (not calendar days).
Strode Talbott
© 1999, American Immigration Lawyers Association