Traveling to the USA on ESTA after being in Syria
I have a situation here and I do not know what would be the best approach.
I have dual nationality, French and British. I have travelled to Syria (but not by plane), I took a car overland from Lebanon and spent 3 days in Damascus.
The Syrian stamp is on a French passport that is now expired. I currently hold a British passport and a brand new French passport (without any stamps).
What gov.uk and gouv.fr website mention:
"The ESTA allows approved applicants to travel to the USA for up to 90 days" if you "haven’t travelled to Libya, Iran, Iraq, North Korea (DPRK), Somalia, Sudan, Syria or Yemen since March 2011"
And I would need to apply for B1/B2 visa to travel to the USA
My questions are:
if I apply for ESTA Visa Waiver how would they know I have been to Syria ?
What are the risks doing so ?
Would it be better to apply for ESTA with my British or French passport ?
I just don't want to hassle for B1/2 Visa if possible.
Best Answer
Hello and welcome to Travel Stackexchange. I'll try to answer your questions, however I currently can't provide sources, just from memory:
DON'T ATTEMPT IT!
if I apply for ESTA Visa Waiver how would they know I have been to Syria?
Because it's a French passport, the risk is quite high that they have the info from the French authorities. I would not recommend trying to get an ESTA, the B2 visa would probably be less of a hassle.
As Traveller mentions in the comments, the VWP (Visa Waiver Program) participating countries "are required to share intelligence and cooperate in matters of security with the United States [and] you can’t be sure exactly what immigration data is shared".
What are the risks doing so ?
The almost 100% risk is being banned from the VWP formally - which you technically already are, as you aren't eligible with your travel history - and maybe also being banned from any other visitor's visa to the U.S. for misrepresentation, fines, imprisonment, deportation, getting on terrorism watchlists, etc. when discovered.
Would it be better to apply for ESTA with my British or French passport ?
The best way would be to apply for a B visa as officially required.
Pictures about "Traveling to the USA on ESTA after being in Syria"
Can people from Syria visit the US?
USA tourist visa is required for Syrian citizens. The stay is usually long with a period of 180 days and visa expires in upto 10 years. Applicant is required to be present when applying for USA tourist visa. A total of 13 documents are required for applying USA tourist visa.Are Syrians allowed to visit US 2021?
On January 20, 2021, President Biden signed a Presidential Proclamation titled \u201cEnding Discriminatory Bans on Entry to the United States.\u201d This proclamation ends the travel restrictions under Presidential Proclamations 9645 and 9983 that had suspended entry into the United States of certain nationals, based on visa ...Can I apply for ESTA if I have been to Iraq?
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.Can I travel to US with my ESTA?
After it has been granted, your ESTA will be valid for two years, unless your passport expires earlier. Within this period, you may travel to the USA an unlimited number of times. Each stay in the US may not exceed 90 days. You can apply for your ESTA even before you have booked your trip.Crossing the USA Border with Syrian, Yemeni, Iraqi Passport Stamps
More answers regarding traveling to the USA on ESTA after being in Syria
Answer 2
As the answer by JakeDot said, don't even try.
Since you traveled by car and through a land border, they may be a realistic chance that the French authorities never learned about the visit in the first place.
However, you cannot be sure that the visit wasn't recorded in some database, as visits to Syria are under scrutiny.
You may want to consult a professional for this one, especially if you have any ties to Syria, have an Arabic name or anything like that.
Basically, from the US point of view it will sound suspicious that you just took a car and went to a country that is in a civil war and for which there are clear travel advisories.
- If you apply truthfully, you are legally fine, but you may wake sleeping dogs and have to overcome the initial suspicion - at least.
- If you lie, and they find out, all alarms can go off. You can be banned for life, and you may end up on any kind of watchlist. And the US share those with their allies, causing you trouble elsewhere.
In such a case I wouldn't bet everything on an opinion of someone on the internet, but at least consider consulting a specialist.
Answer 3
if I apply for ESTA Visa Waiver how would they know I have been to Syria
As you entered and exited overland, they're very unlikely to know. Don't bring any pictures or other evidence of having been to Syria, though.
What are the risks doing so?
It would involve lying on an official form. If discovered, you can say goodbye to ever setting your foot in the US.
Would it be better to apply for ESTA with my British or French passport?
On one hand the UK shares a fair deal with the US as part of the Five Eyes agreement; on the other hand your trip was on your French passport. As such I'd go with the British passport, declaring your French citizenship and your current (empty) French passport.
I won't say "DON'T ATTEMPT IT!", but rather: up to you to judge, as I realistically can't see you not getting away with it, but know you'd be in violation of the law.
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