Willy Allen: "Non-immigrant Visa Applications from Cubans Will Be Denied"

Immigration attorney Willy Allen addressed concerns on Monday regarding the newly enforced U.S. entry restrictions effective June 9, which impact Cuban nationals. Allen stated, "Any Cuban applying for a non-immigrant visa in Havana or Guyana—wherever it may be—will be denied," during his weekly segment on CiberCuba, airing every Monday at 11:00 AM Miami time.

Allen emphasized, "If you don't have a visa now, you won't be getting one," stressing that the opportunity for Cubans to obtain a non-immigrant visa to the United States is entirely revoked. However, he clarified that this restriction, which took effect on June 9, does not impact family petitions from American citizens, which remain unaffected.

Uncertainty for Resident Visa Applications

While family petitions continue, the status of resident applications remains uncertain. "These are not eliminated by the executive action, yet they aren't protected from potential exclusion," Allen remarked. He is awaiting guidance from the State Department to determine if resident applications for minor children, single adult children, and spouses will persist or be suspended.

Allen assured that "visas for American citizens continue," but he remains cautious about the future of resident visas. "Residents should continue applying. If you’re an American resident filing for your spouse or minor child, the process currently takes 30 to 40 months. Hopefully, in that time, we will see a new administration. Until I receive contrary directions from the State Department, I will keep submitting these applications," Allen advised.

Impact on Existing Tourist Visas

The pressing question remains: what happens to Cubans with valid five-year tourist visas? Allen believes they can continue to travel, recounting that several friends and a client successfully entered the U.S. over the weekend, though some underwent secondary inspection. "Their visas weren't revoked, and they received 90-day entry permits," he explained.

As of the morning of June 9, there were no reports of incidents due to the travel ban for non-immigrant Cubans. "I suspect most will enter without issues," Allen noted, though discussions with journalists Mario Pentón and Daniel Benítez suggest that tourist visas might start being canceled upon arrival or departure.

Navigating the New Travel Landscape

Post-11 AM on June 9, Allen confirmed he hadn't received any distress calls from those affected. "Initially, it was said that those with existing visas could travel. However, there is a risk that a valid visa could be canceled before boarding in Cuba or upon arrival in the U.S., resulting in a 30-day stay or immediate return to Cuba. Importantly, travel to Cuba isn't banned. American residents and citizens can still visit family there," he emphasized.

Upon returning to the U.S., travelers may face "interviews" at the airport, which Allen clarifies won't lead to losing residency as that's a decision for an immigration judge. He advises maintaining composure and not fearing airport authorities who may overstep their duties. "They’re threats, and that's all they are. Some officials let the uniform go to their head," Allen said. "When they're shopping, they're just like anyone else, but at the airport, they act as gatekeepers. Stand firm."

Presidential Proclamation Raises Concerns

On June 9, a new Presidential Proclamation signed by Donald Trump put immigration restrictions on nationals from 19 countries, including Cuba. This move has caused anxiety among Cubans with pending applications or travel plans to the U.S. During Monday's program, Allen shared specific cases, like a Cuban residing in Spain with a U.S. visa in his Cuban passport. Allen advises that if he can't transfer it to his Spanish passport, he should travel with both.