Getting an ESTA despite traveling to Cuba after 2011

About to spend a few months in French Polynesia for work, I carefully fill out my ESTA application in anticipation of my stopover in the United States (reminder: it’s essential, even for a simple transit).

I felt a jolt of stress when I saw the following question:

“Have you traveled to, or been present in Cuba, Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria or Yemen on or after March 1, 2011?”

Yes, that’s exactly my case (I went in 2017), and I don’t remember seeing this question on my previous applications.

Some might be tempted to answer “No,” encouraged by the lack of a stamp in their passport. Very bad idea—the US has countless other sources of data. Getting caught in a lie could get you blacklisted from American soil for a very long time.

I already imagined my ESTA application being rejected and having to book an appointment at the US embassy to apply for a regular B1/B2 visa.

I submitted my ESTA application at 4:15 PM (on a Saturday). I received a (positive) response at 5 PM, just 45 minutes later.

I was worried for nothing.

The confusion stems from a US law dating back to March 1, 2011, that forbids the use of ESTA for travelers who have been to “high-risk” countries: Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria, and Yemen.

Cuba joined this unenviable list on January 12, 2021, but without retroactive effect.

So yes, it’s possible to get an ESTA for a trip to the United States despite having been to Cuba after March 2011but before January 12, 2021.

If you went there after January 12 2021, that’s a whole different story. You’re not eligible for an ESTA and must apply for a proper visa.