banana12

Hi guys,

I am completely stuck!

I am planning a trip to the US for Christmas/New Years to visit my sister and travel around with my friend for a total of 5 weeks.

I usually travel on ESTA without any problems (Even though I had a B2 denial in 2012, reason for denial was because I have a petition filed by my sister. This petition still has plenty of years to go.

Since the visa denial I have traveled on ESTA 3 times with no problems, I have declared my denial on my ESTA.

Now here's where I am stuck, unfortunately I was born in Iraq (left 23 years ago, living in NZ ever since.) The new VWP rules say that any nationals of VWP countries who are also nationals of Iraq are no longer permitted to travel on ESTA.

I have never had my own passport from that country. I was included in my dads passport back then but that passport expired a long time ago. Does that still make me a national?

I know some people here who are from Iraq who have traveled on B2 visas and some who have traveled on ESTA. So I don't quite understand how this new change really works.

I am worried that if I apply for a B2 visa I will be denied again because of the petition and if I try ESTA and it's denied I will have to state that I have been denied ESTA on my B2 application (does that look worse on an application?)

I don't know which one to try first, I am really confused on what I should do so any advice/suggestions would be greatly appreciated!

Thanks

ian-mstm

You're Iraqi because you were born there, not because you have (or don't have) documentation that says so.


You can't apply for ESTA because you are no longer eligible. It isn't a matter of should you... you can't. You must apply for a B-2 visa. FWIW, another fellow had a similar issue just a month or so ago (had travelled to Syria for a wedding) and his B-2 visa was granted without any problems... 10 year validity and multiple entries. Having an I-130 petition in the system is not, by itself, reason for a visa denial... so you have nothing to lose by trying. Whoever told you that an I-130 petition in the system is reason to deny a B-2 visa lied to you - deliberately. He is allowed to lie.


You don't have a choice - you must apply for a B-2 visa. Do it now... so you can get it sooner rather than later and not have to worry about it. Don't think about it... just do it.

Ian

banana12

Thanks for your response Ian, the person who told me the petition was the reason for my denial was the consular who interviewed me.

My personal circumstances haven't changed since my last visa denial so I don't know if that will just result in another visa denial which is why I am scared to apply. I guess I have to apply to find out.

ian-mstm

Yah, he lied.


No, but the rules have. This time, you have a legitimate need for a B-2 visa.

Ian

crg

I agree that you're a national, but not merely by being born. If a UK couple were to have a child in Iraq today, the child would not be Iraqi since nationality is transmitted by paternity. Anyone born in Iraq to an Iraqi father since 1924 was born an Iraqi citizen. Also, being included on the father's passport is the same as having your own passport. Perhaps the good travel history on prior entries will help you get the B2 visa this time.