VWP after previously AOS but since moved home

[KiwiinMaine 51]

Quick question, am I able to use the visa waiver program since I am a New Zealand Citizen after I previously adjusted status successfully from VWP in 2014? My husband and I moved back to NZ in 2016 a few days before my green card expired, I did the correct thing and filed the correct form and returned the green card to the US embassy in NZ. We are currently going through an IR1 again as we want to move back the USA since we’ve realised how expensive it is to live here. We are wanting to go on holiday for 6 days to Hawaii and then go to Maine to visit my husbands family for thanksgiving later this year. Will I have any issues doing this? I understand about scrutiny at POE when we try and visit and am preparing for that. 

 

Thanks 😊

[geowrian 22,338]

When you entered via the VWP, how much longer afterwards did you file for AOS? If it was over 90 days afterwards, you would have accumulated unlawful presence, which makes you permanently ineligible for an ESTA. If you filed within the 90 days of legal status, then you didn't accrue unlawful presence (unless AOS was denied at some point after the 90 days or something).

 

Entry for a non-citizen is never guaranteed, but they typically aren't too strict on ESTA travelers. Since you had and relinquished LPR status in the past, that probably won't be held against you. But again, nobody can say for sure until you try. Be sure to carry evidence of your ties to return home.

 

If you aren't eligible for an ESTA anymore (or you apply and it otherwise gets denied for whatever reason), then you need to obtain a tourist visa. Obtaining one with a pending I-130 is unlikely.

Edited March 20, 2018 by geowrian

[KiwiinMaine 51]

I was very careful to never have an overstay. We filed my AOS at 60 days of my 90 allowed days at entry. We were really careful to do everything correctly and had no issues with the AOS. 

[Going through 5,671]

1 minute ago, TheHills said:

I was very careful to never have an overstay. We filed my AOS at 60 days of my 90 allowed days at entry. We were really careful to do everything correctly and had no issues with the AOS. 

Then you should be fine crossing the border with ESTA---of course there's no guarantee of entry as you understand.

[KiwiinMaine 51]

Thanks everyone 😊 I am fully prepared to be turned away at the border, but it’s a risk we’re prepared to take and will be prepared with proof of ties to NZ.