Can I travel on holiday to the US if I was born in Iran but never had Iranian citizenship, passport but I do have my British passport - Trumps new ban

Question

I recently got my ESTA approved to travel to the US for a holiday in October. Just this morning I've read on the news that Trump has banned travel for folk coming from Iran where I was born. I've never been an Iranian citizen, never held an Iranian passport etc. I came to the UK (Scotland) when I was 6 months old. My mum is Scottish & my dad Iranian. I've always held a British passport & obviously I'm a British citizen but always get hassle when I go to America when they see I was born in Iran (only country on earth where I've experienced this). Do you think after this recent announcement I'd be ok to travel & enter the US?

Answer 1

According to Sec. 4.b.ii of Trump's proclamation:

Exceptions. The suspension of and limitation on entry pursuant to sections 2 and 3 of this proclamation shall not apply to:

any dual national of a country designated under sections 2 and 3 of this proclamation when the individual is traveling on a passport issued by a country not so designated;

Therefore, given that you are a British citizen travelling under a British passport, the ban does not apply to you. However, you already have gotten hassle, as you've noticed, and you can only expect increased scrutiny under the current administration. How much risk there is, or will be by October, is probably anybody's guess, unless you have a strong reason to go the the US specifically, it may be worth considering other options.

You should be aware that, since you were born in Iran to an Iranian father, Iran probably does consider you to be a citizen, even if you've never had an Iranian passport. Based on previous questions, the US does not follow Iranian nationality law and probably does not recognize you as an Iranian national, but if they did then you would be ineligible for the VWP and would need a visa to enter. The fact that your ESTA was approved is a good sign, but be aware that this is another potential risk. Do read the linked question and answers.

Answer 2

According to Iran, you ARE an Iranian citizen assuming your father is.

Even so, you should be fine! You're not impacted by the travel ban, and arguably not by the old VWP restrictions either. Your ESTA was approved and the US doesn't go by Iranian nationality law, which, unlike US nationality law, makes the right of expatriation nigh-on impossible to avail of in practice.

So travel on your ESTA, BUT, since there's no official statement about your cohort (leaving things very much at officers' discretion) I'd make sure to have a decent appearance on the day, not express any pro-Iranian views or behave in any way that could cause someone to perceive you as typically Iranian/Middle Eastern, and above all have documentation proving the purpose of your trip as well as your ties to the UK. If someone asks if you're an Iranian national, say no (wouldn't be fraud as it isn't clear-cut), but of course don't deny being born there (stated in your passport anyway).