Can I visit the US under the terms of VWP after previously being in Iraq for business?
Husband and I are going on holiday to Orlando with our kids in July. I was going to do our ESTA's online but because of new rules not sure if my husband needs a visa now. He works for an oil company and worked on a land rig Sep 2013 for just less than 2 wks. The new rules say there may be exceptions for people who have been there on legitimate business but doesn't say how to proceed. Tried asking US embassy London and got no help.
We are in Aberdeen and it's going to cost a bit having to pay for visa and travel to London now. Should we just play it safe and get visa? Don't want to risk our family holiday.
Best Answer
U.S. Customs and Border Protection in a posting dated June 21, 2016 is clear:
travelers in the following categories are no longer eligible to travel or be admitted to the United States under the VWP:
- Nationals of VWP countries who have been present in Iraq, Syria, or countries listed under specified designation lists (currently including Iran and Sudan) at any time on or after March 1, 2011 (with limited government/military exceptions).
- Nationals of VWP countries who have been present in Iraq, Syria, Iran, Sudan, at any time on or after March 1, 2011 (with limited government/military exceptions).
Your husband works for an oil company and worked on a land rig Sep 2013 for just less than 2 wks. Clearly he does not fit the "government/military" exemptions (ibid):
These restrictions do not apply to VWP travelers whose presence in Iraq, Syria, Iran, Sudan, Libya, Somalia, or Yemen was to perform military service in the armed forces of a program country, or in order to carry out official duties as a full-time employee of the government of a program country.
If he wants to be allowed to board an aircraft going to USA he will have to apply for and obtain a visa. Yes, it is a big nuisance, and some cost, for someone residing in Aberdeen but (a) not very different from the requirements of some other countries and (b) not very different from the requirement for some non-UK nationals seeking to remain resident in Aberdeen.
Can I visit the US under the terms of VWP after previously being in Iraq for business?
With an ESTA you can (unless you too have been to Iraq on business recently), your husband can't.
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Can you enter the US if you have been in Iraq?
Travelers who want to study or work in America or want to live in America must also apply for a visa. If you have visited in the past (after 1 March 2011) one of the following countries you also must apply for a visa. These countries are: Iran, Iraq, Libya, Syria, Sudan, Yemen or Somalia.Can I travel to the US with a waiver?
US Waivers enable a foreign national to travel to the United States with a criminal record that would otherwise render them ineligible to cross the border. A US Travel Waiver requires a person to get fingerprinted in order to obtain their Royal Canadian Mounted Police or RCMP criminal file via Form C-216C.Who is eligible for US Visa Waiver Program?
The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries* to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa.How often can I travel to the USA under the Visa Waiver Program?
The Visa Waiver Program (VWP), administered by the Department of Homeland Security (DHS) in consultation with the State Department, permits citizens of 40 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa.What 10 things YOU must to know about ESTA travel authorization. Visa Waiver Program
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