Does my brother require a visa?

[VanillaCats 12]

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 May 13, 2019 by VanillaCats

[Scandi 3,970]

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.

[Roel 7,191]

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.

[Wuozopo 4,285]

 

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

[SusieQQQ 11,584]

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 May 13, 2019 by SusieQQQ

[SusieQQQ 11,584]

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.

[Scandi 3,970]

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.

[Boiler 43,392]

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.

[WeGuyGal 1,052]

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. 

[VanillaCats 12]

Thanks all! Very helpful