ESTA for UK Citizen who works in Iraq

[CJKylie 161]

Hi,

 

I am a British citizen residing in the US, and trying to get my parents over to visit.

 

My father is a British citizen, however he works as a contractor in Iraq so he travels there multiple times a year spending around 6 months there each year, for the past 10 years or so.

 

My question is would his travel to Iraq prevent him from being able to apply for and enter the US on an ESTA? Would he need to go the tourist visa route?

 

Thanks in advance!

[geowrian 22,338]

He is permitted to apply for an ESTA, and I would advise trying that route before trying for a visa. A refused visa application makes getting ESTA very difficult (at least for a lengthy period of time). ESTA is also much faster and cheaper.

I'm unsure on how his travel history will impact him, but I'm unaware of anything specifically targeting travel to Iraq as disqualifying.

[SusieQQQ 11,587]

He can try but as I understand he will need a visa under the newer rules,I believe it’s how one of the questions on the ESTA application. A friend of mine who worked for an NGO in Iraq had to get a visa for the US because of it.

[shumway1756 304]

The US Embassy (in UK) website FAQ on ESTA says the following:

 

Quote

 

If I have traveled to Iran, Iraq, Libya, Somalia, Sudan, Syria, and/or Yemen, am I still eligible to travel with an ESTA?

If you have traveled to these countries on or after March 1, 2011, you might not be eligible for an ESTA. For more details please see the Customs & Border Protection FAQs.

 

 

It says "might not be", it's not a definite. But I would follow that link to inquire. You could, of course, always try for the ESTA first.

 

[CJKylie 161]

Thanks everyone for your responses.

 

I’ll advise him to apply for the ESTA first and see what happens

[SusieQQQ 11,587]

9 minutes ago, shumway88 said:

The US Embassy (in UK) website FAQ on ESTA says the following:

 

 

It says "might not be", it's not a definite. But I would follow that link to inquire. You could, of course, always try for the ESTA first.

 

Details from that link -looks like the only exceptions are military and full time government employees of VWP countries:

 

Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States, without a waiver, under the VWP:

• Nationals of VWP countries who have traveled to or been present in Iraq, Syria, Iran, Sudan, Libya, Somalia, or Yemen at any time on or after March 1, 2011 (with limited exceptions); and
• Nationals of VWP countries who are also nationals of Iraq, Syria, Iran, or Sudan.

These restrictions do not apply to VWP travelers whose presence in Iraq, Syria, Iran, Sudan, Libya, Somalia, or Yemen was to perform military service in the armed forces of a program country, or in order to carry out official duties as a full-time employee of the government of a program country.  We recommend those individuals who have traveled to one or more of the seven countries listed above for military/official purposes bring with them appropriate documentation when traveling through a U.S. port of entry.  However, these exceptions do not apply to the restriction for dual nationals of one of the subject countries (“dual national restriction”). 

The vast majority of VWP-eligible travelers will not be affected by the new Act. New countries may be added to this list by designation of the Secretary of Homeland Security.

[CJKylie 161]

8 minutes ago, SusieQQQ said:

Details from that link -looks like the only exceptions are military and full time government employees of VWP countries:

 

Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States, without a waiver, under the VWP:

• Nationals of VWP countries who have traveled to or been present in Iraq, Syria, Iran, Sudan, Libya, Somalia, or Yemen at any time on or after March 1, 2011 (with limited exceptions); and
• Nationals of VWP countries who are also nationals of Iraq, Syria, Iran, or Sudan.

These restrictions do not apply to VWP travelers whose presence in Iraq, Syria, Iran, Sudan, Libya, Somalia, or Yemen was to perform military service in the armed forces of a program country, or in order to carry out official duties as a full-time employee of the government of a program country.  We recommend those individuals who have traveled to one or more of the seven countries listed above for military/official purposes bring with them appropriate documentation when traveling through a U.S. port of entry.  However, these exceptions do not apply to the restriction for dual nationals of one of the subject countries (“dual national restriction”). 

The vast majority of VWP-eligible travelers will not be affected by the new Act. New countries may be added to this list by designation of the Secretary of Homeland Security.

Hmmm - interesting, thank you!

[geowrian 22,338]

27 minutes ago, SusieQQQ said:

He can try but as I understand he will need a visa under the newer rules,I believe it’s how one of the questions on the ESTA application. A friend of mine who worked for an NGO in Iraq had to get a visa for the US because of it.

Good catch...I was unaware of these changes. Thank you.

It looks like there's also a waiver available on a case by case, although the criteria is pretty strict. Going for the visa directly may be best after all. I stand corrected.

[Boiler 46,588]

I have come across these a few times. Needs a B, seems more of a formality.

[yuna628 9,778]

A friend of mine had this happen to her. Denied on the ESTA as she worked under contract for the government in one of those countries. She was certainly able to obtain a B visa with no issues.

[SusieQQQ 11,587]

2 hours ago, Boiler said:

I have come across these a few times. Needs a B, seems more of a formality.

 

2 hours ago, yuna628 said:

A friend of mine had this happen to her. Denied on the ESTA as she worked under contract for the government in one of those countries. She was certainly able to obtain a B visa with no issues.

Agreed. My friend who got the B had basically zero ties to the UK or anywhere really as the NGO shunts her somewhere new every 6 months (actually she’s been to at least one other place on that list too) but had no issues getting it.