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I have a question about my trip to the USA.

I was born in the Netherlands and never changed citizenship. I've never had another passport than the Dutch one and I have never visited Iran nor lived there. I travelled to New York in 2016 on an ESTA and did not have any problems.

My question is - am I suitable for the ESTA Waiver Programme? I don't know if I hold the Iranian nationality because of my father's descent. Also, my father didn't sign me in the Iranian Consulate of the Netherlands that I was born. They only know that he has children, that's it.

UPDATE 20/02/2020: So I've mailed the CBP USA because I still was not a 100% sure. I explained them my situation as above and this is what I received.

You are eligible to apply for admission under the Visa Waiver Program (VWP) if you: • Intend to enter the United States for 90 days or less for business, pleasure or transit • Have a valid passport lawfully issued to you by a Visa Waiver Program country • Arrive via a Visa Waiver Program signatory carrier • Have a return or onward ticket

Just to want to let people know if they have a similair situation like me!

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There has in fact been no clear answer about your case.

As far as Iran is concerned, you are indeed an Iranian national by descent.

However, the US vaguely states they assess nationality "in accordance with U.S. legal standards and practices, not merely by reference to the laws and practices of foreign governments".

US principles include the right of expatriation, while the same cannot be said about Iran, where renunciation requires the rarely-issued approval of the Council of Ministers.

Never had another passport than the Dutch one and I have never visited Iran nor lived their my entire life. [...] Also, my father didn't sign me in the Iranian Consulate of the Netherlands that I have been born. They only know that he has children, that's it.

All of this considered, you're fine in practice. And you even go on to mention:

I have travelled to New York in 2016 on an ESTA and did not have any problems.

Yeah, you're all good! If your ESTA is still valid, use it again and answer the questions at the border like you did last time. If it's expired, get a new one and do not declare Iran as an additional nationality, as the application will then be denied.

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  • Hello! Thanks for your answer. I made a new ESTA already, back in January. Gave the same answers, it is approved already! But I've read a case of a girl who had the Dutch nationality, no double passport but Iranian parents and she has lived there for 5 years about 17 years ago. She got picked out of the line and access was denied. As with the ESTA question, they ask if you have once had another citizenship, they didn't told her a reason but I think she needed a Non-Immigrant Visa due to her 5 years of stay in Iran. Her case made me doubt. Am I correct about above? – Ramses Feb 10 '20 at 15:04
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    @Ramses I recognise what you're talking about, but she had in fact lived in Iran (IIRC she was born there) and had held an Iranian passport, which is different from your case. – Crazydre Feb 10 '20 at 15:06
  • The case: she was born in Amstelveen, Netherlands but lived their from 1 year to 6 years old. So she must have possessed some type of official documents. About my name: Yes, I do. That's the only link (with the Iranian father) I have to Iran. – Ramses Feb 10 '20 at 15:08
  • @Ramses Exactly, she must have held Iranian documents. As for you, Iran doesn't even know you exist. About your name: bit of a shame, but even still, you visited the US after the regulation came into force and didn't have any issues. – Crazydre Feb 10 '20 at 15:10
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    @Ramses Yes, you do that! Please let us know how everything went once you're there (by editing your questions and writing UPDATE) – Crazydre Feb 10 '20 at 15:25

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