I'm traveling from the US to the island every 6 weeks or so, so far no problems. Until last time the US immigration really looked at my passport and made coments re my 'almost living in Mexico'.
Then when I returned from an overseas trip (not Cuba) a couple of days ago, the official again looked at every page of my passport.
So I guess some eager beaver immigration guy made a comment, and now I'm on their radar (don't know whether this justifies the term 'flagged' yet.
I plan to go to the island again soon and dindn't find any info re the specific consequences of being 'flagged' or similar.
What would be the advice of this site's pros -
1.
Using a different country as gateway (i.e. Bahamas), but presumably (if I'm in Immigration's 'presumed traveling to Cuba' bracket) given there is a US pre-clearance they would have an even better opportunity to hassle me there.
2.
Using a different gateway in Mexico (i.e. Mexico City)
3.
Going thru CUN again to MIA but on the return via Dallas or Atlanta, where Immigration seems less attuned to unlicensed travel to Cuba; and use the 5th amendment if Immigration gets tough.
Any 1st hand experiences re the consequences of being flagged?
Thanks.
You have the right thinking - and re-entry thru non-Miami is the next best step - AND to tighten up your return baggage so that no physical evidence of any Cuba trip, and no Cuban made goods whatsoever (which are a trigger regardless of the country of purchase) - in the event of either a triggered or random secondary US Custom's inspection
However, from your post there has been no specific mention from Immigration on Cuba, so your preventive thinking is timely.
After your next trip, if you encounter any hassle in Dallas/Houston, then the next step would be to return thru the Bahamas (do a board search) since they are so laid back there for pre-clearance back to the US.
The ultimate under-the-radar plan would be to do US drive across. For example, if you were on the West Coast, you would drive across TJ border, take the TJ-Hav connection thru Mex City, then upon return drive back across the US Border since you can still get back with driver's license and no passport since TJ is a "free travel zone"....
Keep the beat !
I think the reason you've been asked everytime is because of the frecuency of your trips and not necessarily which countries you've been. They might suspect you are involved in some kind drug smuggling business or something like that. I know of a friend that is retired and he goes to the Domincan Republic every two months or so and he's always asked by immigration.
OP
Please relax and take a few deep breaths. There is probably no reason for concern. The "many trips" remark may have been casual or it may have been deliberate to guage your reaction.
I won't comment on any of the alternatives proposed by others. All probably have validity. Whatever you choose, pay extra attention to every detail. Choose every word you say to the US immigration officials carefully. A pause before a reply is often a good idea. Above all else listen, listen, listen very carefully to everything which is said to you - and make note of it
No. 1:
In that case it seems a good idea to skip the return via Dallas and go MIA-Nassau-HAV right away - it's shorter + cheaper, and as you say even less risky than CUN.
I'm not sure I'd even disagree with the Immigration officer. "yeah, I do go there a lot, I love Mexico" is a perfectly good answer. You could even add "I have a good time there", or "I'm considering retiring there, checking out places", whatever. Just blow it off and pay no mind--if you look nervous you'll tip them off. It's not illegal for us to go there, so what's their problem?
Seems like if you moved to another gateway, stop doing Mexico, it would look like you've got something to hide. It would also shoot holes in your best defense of "I love Mexico" if you suddenly started heading through other gateways. Then it really would look like you're up to something. You start frequenting "the usual suspects" for Cuba gateways and you'll be hitting all around your target (Cuba) and pretty much show them exactly what you're doing. It would be pretty obvious-- they know all the ways people go to Cuba, and you'd be hitting all of them instead of just one. Just my 2c worth.
I think you are overreacting. If you are on some type of watch list, I doubt it is because you are suspected of being an unlicensed travelerto Cuba. You would have been asked that question directly when you returned on the recent trip if that was the case.
In my opinion you should choose your route based on cost and convenience, not something as nebulous as where you suspect the suspicion level might be lower. The most obvious tip is not have any tangible evidence on you or in your luggage when you return in the event you are subjected to a secondary search.
. . . last time the US immigration really looked at my passport and made coments re my 'almost living in Mexico'. So I guess some eager beaver immigration guy made a comment, and now I'm on their radar (don't know whether this justifies the term 'flagged' yet.
The reason the US Immigration Officer "really looked" at your passport was because when he/she scanned your passport all of your re-entry's from Mexico appeared on his screen. If you continue to re-enter the US every 6 weeks it will not make any difference where you are re-entering from because you are raising that flag because you are re-entering every 6 weeks. Re-entering the US every 6 weeks implies business, not pleasure travel, and if you continue your every 6 week trips you can be assured that US Immigration will soon become even more curious.
No. 7:
Provided I fill in 'business' as the reason for traveling in the immigration slip - what would be the problem compared to traveling for 'pleasure'?
And thanks for all the replies - some very valid points were made.
I will disagree with most others here (except Fabbrisd1), that this is 'obviously a non-issue.' Your hunch may well be correct, and Fabbrisd's counsel is wise. The OP may not be 'flagged,' just under some scrutiny. I imagine there exist multiple flags & different levels of response suggested by one's record. I am flagged - Canadian Customs has also flagged me, according to one of their agents, probably because of the US flag. I get the treatment just short of suspect Muslim travelers, no joke.
If someone expects the worst, never ever have any evidence of any violation on your person or baggage. That means: no coins, pesos, receipts, tickets, tags, 'Cuba' anything. ZERO evidence of anything. While only 'circumstantial,' presume that dictionaries, guidebooks, Che t-shirts (US), tropicalia (if via Canada) may also create problems. Primary or secondary inspection may reveal this evidence; that's WHY you don't have it!
As for this remark:<blockquote>Quote
<hr>when I returned from an overseas trip (not Cuba) a couple of days ago, the official again looked at every page of my passport.<hr></blockquote>
I too had a similar experience US Customs (JFK) this summer, returning from Europe. The agent was guarded, and looked very carefully at the passport & computer record a few moments. The supervisor came over, they exchanged glances, and he said "Its nothing, this is routine." I was surrounded by Muslims in religious garb who didn't elicit similar concern. My baggage was not inspected, for the first time in seven years; I very much doubt anyone goes to Cuba via Europe.
OTOH, I had a confrontational experience (again) with US Customs at the border, recently. They were waiting for me, made noises at their computer terminal, and cut to the chase: "Did you go to Cuba?" They fussed thru my bags, looked at EVERY receipt they found, peppered me w/ hostile questions, played 'Good Cop-Bad Cop' and then, realizing I would give no confession, let me go. (20 min. delay.) I wont lie, but if I had any evidence they would've filed an OFAC case. They are not stupid tho - they presumed that I had no evidence, and that it was a waste of their time (futile effort.) They were pissy & mean badgers, but 'eh, so what.' Dont get into it with them, be FIRM and unyielding, but be respectful at all times. That said, I dont always follow my own counsel; they sometimes play 'emotional games' and I am susceptible. I am not Mr. Spock: if someone yells at me I tend to yell back. I havent seen any OFAC paperwork in 5 years, regardless.
Without evidence US Customs NEEDS your admission. Without evidence or a confession, they have NOTHING to use to file an OFAC case.
I will also disagree that FLAGGED travelers should use the Bahamas route, because "Pre-Clearance is so laid back." If you are stopped by Pre-Clearance in the Bahamas, you are under greater duress: no land border alternatives. (Take a boat home?) According to my attorney, Pre-Clearance is under no legal obligation to let any American pass. Having been ejected from a Pre-Clearance site before - US Customs called the Airport Police, LOL! - I would suggest that FLAGGED travelers avoid 'Pre-Clearance' routes. That is only my experience, and things may have changed. Admittedly, I have no idea how many Bahamas route travelers are nailed or if (as everyone presumes) Pre-Clearance there doesnt enforce the same way. I did hear firsthand of Bahamas harassment (years ago) that sounded identical to my own experience, fwiw. For that reason, I prefer dealing with US Customs IN THE USA.
Travel smart, dont be intimidated and best of luck! No worries and no regrets, if you exercise common sense.
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