Dual Citizen - ESTA - Travel with stops in USA - Visited Iran

Dual Citizen - ESTA - Travel with stops in USA - Visited Iran - Serious diverse couple searching way on map

I'm in Brazil and I'm going to Australia. The best price is going with connections in the USA. I did the ESTA but I've answered that I had been in Iran in 2015 and automatically answered me that I was not allowed to have the ESTA. I know that I can try it again. My doubt is the following one:

-I entered Iran with my old brazilian passport. To do the ESTA I'm using my italian passport that have no stamps at all. I'm going to use my brazilian passport just to leave brazil, after that I'm only using my italian passport. Will I have a problem if I apply the ESTA again answering that I haven't been in Iran? Do they have some kind of link between my passports? If I do this should I answer that I have only this italian passport in the ESTA application?

Thanks!



Best Answer

There is a simple rule (which we always advise you should follow):
Never lie to border officials.
And that include automated systems.

If they catch you on not disclosing you have been in Iran (and you did already mention it yourself when you first applied for your ESTA) you can be banned for a long time, not just in the USA but also in countries that work together with them like Australia and the UK.

Better find a flight not including a stop in the USA or apply for a visa. As you have been in Iran a few years ago, you might get a visa without problems. But once you have been caught on a lie you will never be trusted anymore. After a ban you may still have trouble getting visa.

Using a different passport may be enough to fool them but that is not a given, it may well be that they combine your name, date of birth, place of birth and other details. And even if there are differences in the details, there might be enough for them to combine the information and work out you are the same person with a different passport.




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Can you get an ESTA if you have been to Iran?

Travellers that have ever been to Iran or Iraq are not always able to apply for an ESTA. This also holds for travellers that have ever been to Syria, Sudan, Yemen, Libya or Somalia. This concerns trips that were made after 1 March 2011.

Does United States recognize dual citizenship with Iran?

Iran does not technically recognize dual citizenship. However, it is possible for someone to hold Iranian citizenship and another second citizenship. For Iranian dual citizens, Iran simply recognizes the individual as an Iranian citizen.

Can dual nationals get ESTA?

If you have dual citizenship and have registered with ESTA, you should use your VWP-eligible passport to board the plane when you leave your country of departure and when you arrive in the U.S. If both your countries of citizenship are VWP-eligible, then we strongly recommend you choose which one you want to claim for ...

Can I leave the US with one passport and enter with another?

Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship.



Traveling with two passports - I almost got arrested | Jure Sanguinis Italian Dual Citizenship




More answers regarding dual Citizen - ESTA - Travel with stops in USA - Visited Iran

Answer 2

Your problem is not that they might link your Italian passport to your Brazilian one and might somehow know that you used the Brazilian passport to travel to Iran; the problem is that they will link your first ESTA application to your second one, because you are using the same passport for both applications, and they will see the change in your answer.

I would not be at all surprised if your second application is denied solely because of your answer on the first application. However, even if your second application is not denied, you run a significant risk of being asked by the immigration officer at the US border to explain why you submitted two applications with different answers. If it comes out that you have in fact been to Iran, you will be found inadmissible to the US and sent back to Brazil with a lifetime ban for misrepresentation.

US immigration officers have much more experience conducting interrogations than you likely do being interrogated, so the likelihood of your being able to keep this fact concealed if they decide to interrogate you is very small indeed.

By contrast, if your second application is denied, you're still in a very bad spot. What would you do in this case -- apply for a visa? If you do, the visa officer is likely to ask about your differing ESTA answers, and that is likely to lead to lifetime inadmissibility for misrepresentation.

A much better plan is to apply for a visa now, without making any misrepresentations, so there will be no reason to refuse the visa.

Answer 3

Don't lie on immigration applications. Many people have successfully obtained long term U.S. visas after visiting countries that make them ineligible under VWP.

Will I have a problem if I apply the ESTA again answering that I haven't been in Iran?

A willful misrepresentation will result in a permanent bar to the United States. There is no time limit; a permanent bar can be applied even if discovered after 20 years. It is trivial to connect two documents with the same or similar names and dates of birth.

Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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