Am I eligible for ESTA after relinquishing green card?

[ajhigh 2]

Someone asked a similar question but didn't want to hijack their thread...

 

I hold a ten year green card based on marriage, however our family has moved to New Zealand (I'm Australian). Accordingly, I need to surrender my green card - I am aware that the presumption of abandonment of residence does not arise unless we are out of the country for more than 6 months at a time, but regardless of whether the presumption arises, we have actually abandoned our US residence and accordingly I believe I am required to relinquish. 

 

Assuming that is the case (I still need to look into how to do this - I've just had to withdraw my N400 application and haven't made it to step 2, abandoning the green card), am I going to be eligible to travel to the US for family visits using ESTA? Or will the fact that I've previously had an intention to immigrate mean that I will be automatically denied ESTA?

 

I've never been denied a visa or entrance, and have complied with all laws/conditions of entry. 

 

If I'm not eligible for ESTA, I will apply for a tourist visa, but I hope I don't have to do that, because there is no consulate near me and it means I have to plan my trips back to the US to visit family much more in advance...

[SusieQQQ 11,586]

4 hours ago, ajhigh said:

Someone asked a similar question but didn't want to hijack their thread...

 

I hold a ten year green card based on marriage, however our family has moved to New Zealand (I'm Australian). Accordingly, I need to surrender my green card - I am aware that the presumption of abandonment of residence does not arise unless we are out of the country for more than 6 months at a time, but regardless of whether the presumption arises, we have actually abandoned our US residence and accordingly I believe I am required to relinquish. 

 

Assuming that is the case (I still need to look into how to do this - I've just had to withdraw my N400 application and haven't made it to step 2, abandoning the green card), am I going to be eligible to travel to the US for family visits using ESTA? Or will the fact that I've previously had an intention to immigrate mean that I will be automatically denied ESTA?

 

I've never been denied a visa or entrance, and have complied with all laws/conditions of entry. 

 

If I'm not eligible for ESTA, I will apply for a tourist visa, but I hope I don't have to do that, because there is no consulate near me and it means I have to plan my trips back to the US to visit family much more in advance...

There’s a form to formally relinquish your green card.

if you can’t get an ESTA for whatever reason, given your circumstances you’d probably get a 10-year multiple entry visa anyway so it would likely only be one hassle of a consular visit, not every time you want to go.

[Boiler 45,525]

I 407

 

Having had a GC does not preclude you from using the VWP.

 

Your statement out maintaining residency is not quite right but also not relevant to the issue.

[KeratNY 76]

On 4/24/2018 at 4:34 PM, Dee elle said:

We relinquised our GC after 9 years in the US.. successfully visited the US for the next 25 years using VWP and ESTA before appplying for IR5 visas to immigrate again 

That's a wild story. What made you give up your GC after 9 years rather than naturalizing?