I am a Danish citizen but born in Iran of Iranian parents but have not traveled to Iran. My children are born i Denmark and have only Danish passport and never visited Iran. We have approved our ESTA for traveling to US july 16, however, after the new rules, I am not sure whether we qualify for entry under the VWP? If our ESTAs are not revoked, does that mean that we are qualified? I can't see any reason that my children can't travel under VWP??
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Did they ask about your other nationalities when you applied for the ESTA? If so, did you disclose your Iranian nationality then?– user102008Commented Feb 23, 2016 at 0:49
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Yes we did. about my children, they have never been registered, they only have danish citizenship, but I am afraid, that they automatically are considered as iranian, since their father is iranian too (law of the country).– AmandaCommented Feb 23, 2016 at 8:06
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1 Answer
If I understand the new rules correctly, the important thing is not whether you currently hold an Iranian passport or not, but whether you're a citizen of Iran. Did you successfully renounce your Iranian citizenship when you acquired Danish citizenship? If not, then you're hit by the new rules and need to get a visa for yourself for the trip.
US authorities have stated that they will revoke the ESTAs for travelers they know are covered by the new rules, but even if they don't currently know you might still get into trouble if they find out later (say, when you present yourself at the airport).
If your only current nationality is Danish, and you haven't been to Iran (or one of the other targeted states) later than 2010, then you should be good to go.
answered Feb 22, 2016 at 11:52
hmakholm left over Monicahmakholm left over Monica
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I have not actively renounce the Iranian citizenship, so I think I still automatically am Iranian citizen (though lived in DK for 30 years). So you mean despite the approved ESTA I need to apply for VISA... But what about my children which was born i DK and they have never been registered in Iran, only in Denmark. Can they travel under VWP only having ESTA and me having VISA? would that give problems?– AmandaCommented Feb 22, 2016 at 12:17
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4@Amanda: From a quick Google/Wikipedia search it looks like your children are not Iranian citizens (assuming, based on your user name, that you're a woman), since Iranian citizenship is inherited only through the father -- that is, of course, assuming their father is not also an Iranian citizen. There shouldn't be anything against traveling as a group where some are covered by VWP and others have a visa. Commented Feb 22, 2016 at 12:37
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@Amanda you can also ask about your children at the consulate when you apply for your own visa.– phoogCommented Feb 22, 2016 at 21:46
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@Henning: since their father also is born in Iran and automatically of Iranian nationality, I am afraid that they consider our children as Iranian too. However, they have never been registered nor have Iranian passport. we will cancel our road trip if it is necessary to apply for 4 visas, because of the unnecessary expenses. I think this law hits very unfortunately the wrong people...– AmandaCommented Feb 23, 2016 at 8:08