Cuba/Canada/United States: Provisions that allow landed immigrants in Canada to travel to the US if they are not able to obtain a passport from their country of nationality; whether/how such provisions specifically affect Cuban nationals (1996-2005)

In 11 July 2005 correspondence, an official with Citizenship and Immigration Canada (CIC) stated that landed immigrants who are not able to obtain a passport from their country of nationality "could apply for a refugee travel document from the [Canadian] passport office and use it to travel to the States." However, while the travel document is "usually accepted as a valid document for travel to the States," the official advised the Research Directorate that only United States (US) authorities could confirm whether such a document would allow Cuban nationals to enter the US from Canada (Canada 11 July 2005).

The Embassy of the United States in Canada could not respond to the Research Directorate within time constraints.

According to the Passport Canada Website, the government of Canada "produces two types of Canadian travel documents that are issued only to refugees and stateless persons living in Canada" and they are: 1) The Travel Document, issued to individuals who have "protected person status, including Convention refugees and persons in need of protection" in Canada, and 2) The Certificate of Identity, issued to "persons legally landed in Canada for less than three years, who are stateless or are unable to obtain a national passport for a valid reason" (Canada 2 Feb. 2004).

Moreover, with regard to restrictions imposed by these travel documents, the Passport Canada Website indicated that a Travel Document "is endorsed for travel to all countries, except the bearer's country of origin," while the certificate of identity "is endorsed for travel to countries specified in the document" (ibid.).

US and Canadian government Websites provide the following general information about travel for permanent residents or landed immigrants into the US from Canada (US Oct. 2004; Canada 29 Apr. 2005). According to a Canadian Department of Foreign Affairs Website,

[p]ersons with landed immigrant status in Canada must obtain a non-immigrant visa in order to enter the U.S. (except for citizens of countries that have a visa waiver agreement with the U.S.) and must also have a valid passport from their country of citizenship (29 Apr. 2005).

The US Department of State's Bureau of Consular Affairs partially corroborates this information on its Website, stating that

[p]ermanent residents (aka landed immigrants) of Canada must have a nonimmigrant visa unless the permanent resident is a national of a country that participates in the visa waiver program (VWP), meets the VWP requirements, and is seeking to enter the U.S. for 90 days or less under that program. (Oct. 2004).

According to information found on an unofficial Website approved and financed by the Embassy of the United States in Canada (Amcits.com 21 July 2004), individuals applying for travel visas to the US must submit documentation such as "evidence of landed immigrant status in Canada, if applicable," "a form DS-156, fully completed and signed," "an application fee in the amount of US$100 per applicant, paid in cash if applying in person; or to the U.S. Treasury in the form of a money order or certified check if applying by mail," "a passport valid for travel to the U.S.," with an expiry date "at least 6 months beyond the intended duration of the visit," and "1 current (less than 6 months old) photo of the applicant, 50mm x 50mm (2 inches x 2 inches), full face, without head covering, against a white background" (Amcits.com 30 Mar. 2005). Furthermore, "in addition to the form DS-156, all male applicants between the ages of 16 and 45 must submit a completed and signed form DS-157, with street addresses and telephone numbers where required" (ibid.).

Moreover, the Amcits.com Website specifically advises that "all adult applicants" from the following countries must submit a completed and signed DS-157 form: "Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria." (ibid.).

The list of requirements also specifies documentation needed for students wishing to obtain a visa for travel to the US, including the submission of form DS-158 and other more specific forms for various student categories (ibid.).

No further information could be found among the sources consulted by the Research Directorate within time constraints.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Amcits.com. 30 March 2005. "Consular Services at the U.S. Mission in Canada: Visa Documentation Requirements." [Accessed 11 July 2005]
_____. 21 July 2004. "About Amcits.com." [Accessed 21 July 2005]

Canada. 11 July 2005. Citizenship and Immigration Canada (CIC). Correspondence from an official.
_____. 29 April 2005. Department of Foreign Affairs and International Trade. Foreign Affairs Canada. "Travel to (or through) the U.S." [Accessed 30 June 2005]
_____. 2 February 2004. Department of Foreign Affairs and International Trade. Foreign Affairs Canada. Passport Canada. "Types of Canadian Travel Documents." [Accessed 11 July 2005]

United States (US). October 2004. Department of State. Bureau of Consular Affairs. "Who from Canada, Mexico and Bermuda, Needs a Nonimmigrant Visa to Enter the United States Temporarily?" [Accessed 6 July 2005]

Additional Sources Consulted

The Embassy of the United States in Canada could not provide information within the time constraints of this Request.

Internet sites, including: Citizenship and Immigration Canada, Embassy of the United States in Canada, Passport Canada.