TN1 visa holder travelling to Cuuba from Canada!??

C

CanadaIndianGuy

Registered Users (C)
Currently I am working in USA on TN1 visa. and I was planning to go for a vacation to Cuuba with friends from Montreal, Canada. As far as I know, US citizens are not allowed to travel to Cuuba.

In my case, I am wondering if there are any chances for me getting into troubles while on my way back to USA, if the US Border officer looks at the Cuuba stamp on my Canadian passport??

If that is the case, I will have to Cancel my plans!! Someone Please let me know !!!
 
You are subject to the same rules as US citizens, in terms of not being allowed to have financial transaction with Cuban entities, regardless that you are on TN -- you live in US.

That said, I would not think that a immig official would care about the Cuban stamp. You do have to indicate all the countries you visited when you return on your customs form.
 
nelsona said:
You are subject to the same rules as US citizens, in terms of not being allowed to have financial transaction with Cuban entities, regardless that you are on TN -- you live in US.

That said, I would not think that a immig official would care about the Cuban stamp. You do have to indicate all the countries you visited when you return on your customs form.
Click to expand...

Nelsona, Thanks much for your answer! I will have to reconsider my cuba plans now.
At this moment, I have a few other problems regarding my triplex investment issue ( being on TN1 visa) to be also taken care of. I had very recently learnt that, I was Not supposed to have a Rental residential property ( 3 units only) while being on TN1 visa unless another Management Company handles the maintenance of it. and, I will try to contact an attorney to handle this issue now. I was informed that, I may face a problem at Border inspector while getting back into US because I already Own this Triplex at the moment. In addition to handle this issue before leaving USA, I would probably NOT take another Risk of having Cuba stamping on my passport at the moment!!
Again, thanks for your help!!
 
The ownership of these units is not going to be known at the border. It would only become evident if an inspection of your finances was called for (say, if you persued Green Card). I've said my peice on the rental issue.
 
nelsona said:
You are subject to the same rules as US citizens, in terms of not being allowed to have financial transaction with Cuban entities, regardless that you are on TN -- you live in US.
Click to expand...

A Canadian ceases to be a TN the moment they set foot outside US soil whether in Canada or Cuba. Nonimmigrant status only applies while physically present in the US. A US permanent resident or US citizen usually cannot travel to Cuba but these restrictions do not apply to Canadians on TN. Look at the following link--it mentions the restrictions as applying only to citizens or permanent residents:

http://www.treas.gov/offices/enforcement/ofac/programs/cuba/cuba.shtml
 
CalGreenCard said:
ALook at the following link--it mentions the restrictions as applying only to citizens or permanent residents
Click to expand...

I wouldn't necessarily assume this is a complete list. Remember that these restrictions are being issued by the US Treasury, and because of this they focus on people under the jurisdiction of that department, not Immigration.

A TN holder may not be subject to USCIS outside of the United States, but if they meet SPT and are a US tax resident, in the eyes of the US Treasury they are no different than a US citizen or LPR and are probably subject to its regulations.
 
TheRealCanadian said:
I wouldn't necessarily assume this is a complete list. Remember that these restrictions are being issued by the US Treasury, and because of this they focus on people under the jurisdiction of that department, not Immigration.

A TN holder may not be subject to USCIS outside of the United States, but if they meet SPT and are a US tax resident, in the eyes of the US Treasury they are no different than a US citizen or LPR and are probably subject to its regulations.
Click to expand...

The link I provided, although a Treasury link, refers to permanent residents. US government sites are usually fairly precise in their terminology. The term permanent resident is an immigration term--it is not a tax term. If the intent is to refer to those who are simply resident for tax purposes--those who meet SPT but do not hold green cards--usually such people are referred to simply as residents without the permanent adjective.
 
CalGreenCard said:
The link I provided, although a Treasury link, refers to permanent residents. US government sites are usually fairly precise in their terminology.
Click to expand...

You may be right. The problem is that the web page you cite has no legal authority on its own - the real teeth are in the statutes and regulations which give the US Treasury the authority to take action. The relevant statutes are farther down the page, and based on my reading they hold no exemptions for non-immigrants who are otherwise subject to the jurisdiction of the federal government.

Your mileage may vary.
 
... and remember the restrictions (and biggest penalties) are not on travel to Cuba, but on financial transactions with Cubans and cuban companies.

You no doubt have bank accounts in US, credit cards in US, and a phone in US. A G-man would have no trouble connecting your trip expenses to one of these US entities which you control.

Since Cdn travel companies don't care about such laws, you could quite easily, by purchasing a package in canada, be contraveneing these financial laws.
 
Last edited by a moderator:
You must log in or register to reply here.
Top