Jump to content
VanillaCats

Does my brother require a visa?

10 posts in this topic

Recommended Posts

Posted (edited)

Hi, 

 

My brother is 14 years old and a British citizen. He has a British passport. The issue starts here:  our father was Iranian but passed away 6 years ago. Since then, my brother has not been able to acquire an Iranian passport because under Islamic law, my grandfather needs to grant him permission to obtain a passport. He hasn’t granted permission so my brother only has his British passport. 

 

He hasn’t visited Iran during this time because he doesn’t have an Iranian passport, only his British. 

 

So my question is, does he need to apply for a tourist visa or not to visit the US? Is he still a dual national if he doesn’t have that second passport? If not can he just apply for ESTA before travel or does he still need a tourist visa?? 

 

Thanks in advance and I’d appreciate any help or guidance! 

Edited by VanillaCats

Share this post


Link to post
Share on other sites

Doesn't matter if he has an Iranian passport or not, what matters is if he's an Iranian citizen. If he is, which it sounds like, then yes he needs to apply for a tourist visa at the US embassy. He can't travel on ESTA.


K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC:

04-19-2019 - Earliest filing date

04-22-2019 - I-751 sent with USPS (AZ lockbox)

04-24-2019 - Delivered/Received date

04-30-2019 - Check cashed

04-30-2019 - NOA1 text/email (WAC)

05-03-2019 - NOA1 hardcopy/extension letter

Share this post


Link to post
Share on other sites
11 minutes ago, Scandi said:

Doesn't matter if he has an Iranian passport or not, what matters is if he's an Iranian citizen. If he is, which it sounds like, then yes he needs to apply for a tourist visa at the US embassy. He can't travel on ESTA.

But he also is British citizen and has British passport. IMO that means he is eligible for ESTA.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Share this post


Link to post
Share on other sites

 

26 minutes ago, VanillaCats said:

So my question is, does he need to apply for a tourist visa or not to visit the US? Is he still a dual national if he doesn’t have that second passport? If not can he just apply for ESTA before travel or does he still need a tourist visa?? 

 If he holds a British passport (with a chip) then he meets the requirements to travel on ESTA. That is assuming he meets the other requirements like no overstays, visa denials, etc.

 

From US Customs and Border Protection:

 

I have dual citizenship from both a VWP country and a non-VWP country?

If you are flying under the terms of the VWP, with your VWP passport, you must apply for ESTA. If you are using your non-VWP country's passport, you will require a visa and therefore ESTA does not apply to you.

 

Link https://help.cbp.gov/app/answers/detail/a_id/1094/kw/esta If I hold two citizenships/session/L3RpbWUvMTU1Nzc2MjAzMy9zaWQvSnJvWmdEZW8%3D

Share this post


Link to post
Share on other sites
Posted (edited)

Simple. He applies for ESTA and that in itself will tell him if he can get ESTA or needs to apply for a visa.

 

My reading of it concords with Scandi, that the mere fact that he is a national of Iran means he can't use VWP, from the horse's mouth:

 

https://www.cbp.gov/travel/international-visitors/visa-waiver-program/visa-waiver-program-improvement-and-terrorist-travel-prevention-act-faq

Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States, without a waiver, under the VWP:

  • Nationals of VWP countries who have traveled to or been present in Iraq, Syria, Iran, Sudan, Libya, Somalia, or Yemen at any time on or after March 1, 2011 (with limited exceptions); and
  • Nationals of VWP countries who are also nationals of Iraq, Syria, Iran, or Sudan.
Edited by SusieQQQ

Share this post


Link to post
Share on other sites
55 minutes ago, Wuozopo said:

 

 If he holds a British passport (with a chip) then he meets the requirements to travel on ESTA. That is assuming he meets the other requirements like no overstays, visa denials, etc.

 

From US Customs and Border Protection:

 

I have dual citizenship from both a VWP country and a non-VWP country?

If you are flying under the terms of the VWP, with your VWP passport, you must apply for ESTA. If you are using your non-VWP country's passport, you will require a visa and therefore ESTA does not apply to you.

 

Link https://help.cbp.gov/app/answers/detail/a_id/1094/kw/esta If I hold two citizenships/session/L3RpbWUvMTU1Nzc2MjAzMy9zaWQvSnJvWmdEZW8%3D

That doesn't take into account the travel ban country restrictions on VWP. I have a British friend who has only ever been british but she can't use VWP because she worked for a charity in some of the travel ban countries. See my post above re VWP exceptions.

Share this post


Link to post
Share on other sites
1 hour ago, Roel said:

But he also is British citizen and has British passport. IMO that means he is eligible for ESTA.

Doesn't matter how many citizenships he has in "ESTA countries" if he is also a citizen in any of the "travel restricted" countries. Iran is on that list, he can't travel with ESTA if he's a citizen of Iran. Iranian passport or not. British citizenship or not. Doesn't matter.


K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC:

04-19-2019 - Earliest filing date

04-22-2019 - I-751 sent with USPS (AZ lockbox)

04-24-2019 - Delivered/Received date

04-30-2019 - Check cashed

04-30-2019 - NOA1 text/email (WAC)

05-03-2019 - NOA1 hardcopy/extension letter

Share this post


Link to post
Share on other sites

On the basis that he is Iranian he needs a B Visa.

 

A lack of Passport does not determine nationality. Most people do not have Passports.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

He needs to apply for a B2 visa.  Being an Iranian national, (considering he is eligible for an Iranian passport) he is ineligible to travel to the US without a waiver. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...