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I am planning to travel to America at some point within the next 1 or 2 years on an ESTA. I was born in the UK to a British mother and an Iranian father. I have only ever held a British passport and have never set foot inside Iran.

My main concern is how having an Iranian father could affect my entry into America as the last thing I want is a wasted trip that ends with me getting denied entry and put on the next flight back to the UK.

I also have a first name that is of Iranian (but not Islamic) origin. My second name is English.

Does having an Iranian father make me ineligible for an ESTA meaning I would need to apply for a visa? Or does it make me completely ineligible for entry into America?

Crazydre
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Mysteriouscarot
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3 Answers3

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If you have Iranian nationality (in addition to your British citizenship), then you are ineligible for the US Visa Waiver Program. Nationality and passport are different. A country's nationality is a matter of the law of that country's law. You can be a country's citizen or national even if you have never been to that country and never gotten that country's passport.

It is my understanding that under Iranian nationality law, anyone born to a father who was an Iranian national is automatically an Iranian national. See Article 976(2) of the Iranian civil code (in Farsi):

Article 976 - The following persons are considered Iranian citizens

2 - Those whose father is Iranian, whether born in Iran or abroad

So if your father was an Iranian national when you were born, and you haven't renounced Iranian nationality, it seems likely that you have Iranian nationality and are thus ineligible for the Visa Waiver Program. But this does not mean you will not be able to visit the US. You will still be able to apply for a B1/B2 visitor visa at a US consulate.

user102008
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There's been no clear answer about your case, since Iran defines you as a citizen but the US assesses nationality by its own standards. As someone in your situation, I say go with an ESTA, and where it asks about another nationality, say you have none. Equally, if asked at the border about your Iranian name and whether you're a dual national, say you're only a British citizen but that your father's Iranian. Provided you satisfy all other criteria (having a return ticket, hotel booking, funds to cover your stay etc.) you should be fine.

On the CBP website, click on the question "How is “dual citizen” or “dual national” defined? What if I was born in a country, but never lived there and do not consider myself a national or citizen?" and it'll say "We will make nationality determinations in accordance with U.S. legal standards and practices, not merely by reference to the laws and practices of foreign governments". Your own intent weighs heavily per US standards, and the fact that you weren't even born in Iran makes it fairly certain that you aren't a dual national per US standards. So again, appear as a credible tourist/business visitor and you should have an easy time.

Crazydre
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First of all, this question is almost identical to this one from nine years ago. Assuming that the policy on this matter hasn't really changed, then it is clear that OP most likely will not need a visa.

In particular, the US does not specifically rely on Iran's definition to determine who is an Iranian national. The fact that OP is a UK citizen with no other connection to Iran other than their father probably helps them. But the Iranian name might be a red flag.

It is impossible to be sure, so the safest route is always to get a visa anyways. I am not an expert so cannot comment further; I wrote this answer mainly to give an alternative viewpoint to the other answer which says that OP must get a visa.

Aqualone
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