ESTA approved, but could there be problems entering the USA?
We are a family (two sons 7 & 9) from Germany and want to visit my wife's family in Boston next summer. My wife was born in Iran and, as an infant, moved to Germany with her parents. At the age of 12, she became a German citizen with her own German passport. Before that, she didn't have her own passport but was included in her mother's passport.
During the ESTA process, there are important questions:
Have you ever been issued a passport or national identity card for travel by any other country?
I said NO.
Are you now, a citizen or national of any other country?
I said NO.
Have you ever been a citizen or national of any other country?
I said YES: Iran. Country of birth? IRAN
Her ESTA was approved!
However, I'm not clear whether she still needs a tourist visa because she was born in Iran and Iranian law says once an Iranian, always an Iranian citizen.
Best Answer
An ESTA is part of the VWP (Visa Waiver Program). With a valid ESTA a visa is not required for visits that comply with VWP requirements, as visiting family does.
whether she still needs a tourist visa because she was born in Iran and Iranian law says once an Iranian, always an Iranian citizen
If USA saw your wife as Iranian they would not have issued her the ESTA. Because USA see her as German, and she has an ESTA, she does not need a visa, though as mentioned in a Comment by @Aganju, entry is determined by CBP at the point where entry is sought and, though largely theoretical, it might be refused, ESTA or visa not withstanding.
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Can you be denied entry with ESTA?
If you already have an approved ESTA, you may still be denied entry to the United States without a visa refusal. On the one hand, the ESTA or any other visa does not guarantee that you can enter the USA. The customs and border guards alone decide whether you are allowed to enter or not.What happens after ESTA is approved?
Authorization Approved Your travel authorization has been approved and you are authorized to travel to the United States under the Visa Waiver Program. The system displays confirmation of the application approval and a payment receipt notice showing the amount charged to your credit card.Can I enter the US with an ESTA visa?
An approved ESTA allows you to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States, but an approved ESTA does not guarantee entry into the United States.Why do estas get rejected?
The most common reasons for rejection of ESTA application Had serious criminal records in the past and convicted, therefore under an appeal or discussion. In the past, applied for VISA or ESTA and it had been rejected. In the past, overstayed when visited the US.ESTA Approved and then Denied?
More answers regarding eSTA approved, but could there be problems entering the USA?
Answer 2
Your wife holds German Citizenship, and as such can apply for an ESTA. You've done this (well done for answering the questions truthfully) and it's been approved (as it should be).
German law does not usually allow dual citizenship (except for EU/EEA nationals, and Iran is not in Europe). https://en.wikipedia.org/wiki/German_nationality_law#Dual_citizenship
I'd prepose that your wife gave up any claim for Iranian citizenship when 12 and took German citizenship.
Iranian law says once an Iranian, always an Iranian citizen.
Iranian Law does not supercede International law, including UDHR Article 15 - the right to change citizenship. At least from an US perspective, which is what counts in this context.
The ESTA is sufficient, as your wife is a German citizen.
Answer 3
This is tricky, as shown by the discussions in the comments.
The question is: which law do the US consider here. And I would say it is a safe bet to say that the "once Iranian always Iranian" law would not be seen as valid by the US IO, since there is no corresponding paperwork. As far as I can see from your description, your wife does not have a dual citizenship. This is the most important question here, since dual citizenship with Iran as one of the two requires a visa. Although I'm sure they'd need some sort of proof of citizenship.
It is another question whether the US consider being part of her mother's passport as having been issued a travel document by Iran, but I'm sure they wouldn't check this far back.
A last caveat: ESTA only means approved to travel to, not necessarily approved to enter the US. I've personally never had this issue, but my former citizenship is from an ex-Soviet country, so it's probably not a hot issue right now when compared to Iran. One never knows, so be prepared, just in case.
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