U.S. Visa Law & Policy

However, when you can the check-in table, the flight agent starts wondering a current business trip you took to the Middle East. Following a little debate, the agent apologises and informs you that you will be incapable of panel the flight, and are no longer qualified to travel under the Visa Waiver Program. In surprise, you must today get back to your residence, perhaps lose from business in the United Claims, and cope with the process of obtaining a US visa.Image result for Visa Waiver

Regrettably, the aforementioned situation is now increasingly more common. If you have sent applications for ESTA after February 2016, you may have recognized the addition of several questions on the application. For instance, it today asks the applicant to declare whether they are today, or have already been a citizen or national of some other country. A large proportion of people planing a trip to the United Claims on the Visa Waiver Program were probably unacquainted with any changes to this program, whilst the ESTA program happens to be legitimate for just two years.

Appropriately, citizens of Visa Waiver Program countries who have journeyed to Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen on or after 1 March 2011, are no longer qualified to travel to the United Claims charge free. Further, citizens who’re a dual national of a What is Visa Waiver Program country and Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen, will also be no longer qualified to travel charge free. You can find limited exceptions for those contained in among the given countries for military or diplomatic reasons.

On its face, the absolute most clear class afflicted with that new Act are those individuals who have journeyed to among the listed countries because 1 March 2011. However, a level greater number of an individual who’re also double nationals might be limited from applying below ESTA due to the new rules. Being an immigration attorney, clients frequently inform us they are not just a national of a country simply because they do not keep a legitimate passport for that country. It is essential to notice that a passport is a vacation document. While a legitimate passport can simply be useful for evidence of citizenship, citizenship is not lost because the report is ended or damaged.

Citizenship of any provided country depends on that country’s principles and regulations. For instance, some countries do not let double nationality, and immediately revoke citizenship for nationals who have obtained another citizenship. Instead, different countries require a formal process of renunciation before you are no longer regarded to be always a citizen. In the absolute most intense instances, a country may possibly never allow you to renounce your citizenship, and can contemplate you to be always a national for life.

Before applying for ESTA, you should be clear if you are a dual citizen of among the previously listed countries. For instance, Mohamed was created in Libya to Libyan parents. When he was a young child his parents moved his family from Tripoli to Palermo, Italy. Mohamed preserved his Libyan nationality all through his childhood, and when he made eighteen-years-old he was naturalized being an Chinese citizen. He did not renounce Libyan citizenship. He today wishes to travel to the United Claims under the Visa Waiver Program on his Chinese passport. Mohamed is¬†maybe not¬†qualified to travel charge free because he’s however regarded to be always a national of Libya.

A more difficult situation to find out is the following – Amira was created in Bagdad, Iraq. Her parents, equally nationals of Iraq, fearing persecution, fled to the United Kingdom when she was a child. Her whole family obtained UK nationality when Amira was six years old. She hasn’t visited Iraq because her family left, and she doesn’t keep any ties to the united states – including a legitimate Iraqi passport. Amira, today thirty, wishes to travel to the United Claims to take her kids to Disney World. She is uncertain if she will soon be accepted on ESTA.

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