Travelling to Cuba with a TN L1, H1, O1,

QUESTION:
My fiance and I had made plans to be married this year on New Years Eve in
Varadero, Cuba. We visited the resort in November with my mother, sister and
brother-in-law and found it to be perfectly suited to our needs.
My mother, although a permanent resident and citizen of Canada, spends the
majority of her time in the US working on a TN visa (certified management
consultant). She was informed after returning to the US in November, via
Cancun, that she is subject to US laws as though she were a US citizen and
is not allowed to travel to Cuba because she has a residence in the US.
I'm not clear on this - I'm reading conflicting things and hearing different
advice. From what I've read, this only applies if she is a permanent
resident. From what other TN workers have told me, she's under US
jurisdiction as long as she has the visa. Can you clarify this? Is there a
legal way for her to travel to Cuba?
======================
david ingram replies:
Forget about what is fair, AND forget about what someone else you know did.
If you want your mother at your wedding and it has to be warm, have it
somewhere else like Cancun, Barbados or the Bahamas.
In the meantime, Your mother should turn her passport in and get another one
without the CUBA stamp. Maybe run it through the heavy duty cycle of your
washing machine so you have a good reason for getting a replacement.
If your mother does not want to work in the US and turns in her TN visa, she
is free to travel to CUBA as a Canadian citizen and resident.
She can apply to the US Treasury for permission to travel to Cuba.  A
vacation is not a good reason.  A wedding is not much better.  Strangely
enough, a funeral is likely a good enough reason if it is a brother mother
sister father.
If any Canadian wants to travel freely to the US on a regular basis, he or
she should stay away from Cuba or make it the last trip on an about to
expire passport.
I am sending this to my US / Canada newsletter group and Someone else may
want to comment here and I will publish any other information that may come
up.
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