Hugo Calderano was out of the Las Vegas stage of the World Table Tennis Circuit ,. Accustomed to the ease of traveling to compete with his Portuguese passport -as he has double citizenship -the tablet was surprised by the refusal of his request for exemption from the American visa, usually guaranteed to citizens of Portugal.
All people who have citizenship from European Union countries are eligible for exemption provided that the US stay period is a maximum of 90 days and the motivations are linked to business, tourism or medical treatment.
Calderano fits the requirements and frequently travels this way, but the situation has changed because of a journey made by Cuba in 2023 for the Pan American Championship and the Qualification Event for the Paris-2024 Olympic Games.
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Protagonist of historically tense geopolitical relations with the US, Cuba was included in January 2021 on the US government list that lists “terrorism sponsors.”
“Visa Waiver Program Improvement and Terrorist Travel Prevention Act determines that those who traveled to Cuba after this date is not eligible for visa exemption (this) and should request a visa B-1/B-2 via consulate,” explains Fernando Canutto-partner of Godke Advogados and an international law expert, focusing on US migration.
“This is not a prohibition of travel to the US, it is only required to obtain a visa B1/B2, the same requirement applied to Brazilians,” he points out.
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In this case, the traditional procedure enters: request a visa in consulate and submit to individual evaluation and questions about intention, bonds, historical, among others.
Upon receiving the refusal, the world champion requested an emergency visa, but could not why there was no availability of consular interview. To achieve this type of permission, it is necessary to justify “urgent and unforeseen reason” as a medium and funeral emergency or close beginning of academic, professional or humanitarian activity.
“Each embassy/consulate has its own criteria. It is usually necessary to prove urgency, travel date, support documentation (medical revenues, death certificate, organization letter, etc.). If there is no availability of regular interviews, but fulfill the requirements, the request can still be denied due to lack of vacancies,” says Canutto.
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Calderano also has the possibility of asking for an athlete visa, but the process is more bureaucratic than the one he is used to with his European passport.
“If the sportsman uses European citizenship and remains within the rules of Eslas (has never been Post2021), the process is faster and less bureaucratic, especially for short trips. Therefore, it makes sense to opt for European citizenship to suppress the traditional sports visa, unless you want residence, long-term work or formal contract,” explains the lawyer.
The athlete’s visa, however, makes no specific reference to travel to Cuba as an impediment in athlete’s visas. “These visas require demonstration of sports excellence, participation contract, sponsorship, bonds and often fits the Interview Waiver Program (IWP) – but the trip to Cuba is not a legal restriction for the granting of these visas.”
