I'm sorry if it's a stupid question but could this be avoided if someone just got a new passport made? My mum was supposed to fly to Mexico with a change of flight in USA. Because they've been to Cuba for New Years this year travel agent just suggesting making a new passport so there's no stamp from Cuba. They didn't go to Mexico in the end but I was just wondering because it seems too easy haha. Could Americans get the info about visiting Cuba in any other way?
Who knows what information they see. But entry into US either requires a Visa or ESTA (Visa waiver). Every time someone gets a new passport, a new ESTA is required.
As far as I know, the ESTA
form does not currently ask the question regarding travel to Cuba but it does ask about Iraq, Syria etc. Therefore, if the question doesn't exist, then no lies are told...iykwim and an ESTA will be granted.
If the ESTA form is updated and then asks the question, then it's always better to answer truthfully. An untruthful answer can result in any visa being rejected in the future. (Every qualifying question needs to be answered 'No')
Another thing is an ESTA doesn't guarantee entry. Even if approved.
As far as I'm aware, US port of entry are on the lookout for stamped passports and attached Cuban tourist cards, so if these don't exist, then there has been no problems. BUT that doesn't mean there won't be problems for a traveller in future.
As an airline employee, I have come across it all, so I'm always quite wary and try and follow the official advice. But this Cuban rule is quite bizarre in that nobody actually knows anything! And if the US embassies/IATA are singing from a different hymn sheet to Homeland Security, then US border officials have no chance.