Abandoned residency, denied ESTA. Now what?!

[Amylouisematz 0]

Hi there 

I was wondering if anyone could shed some light on an issue I’m having. I was granted a permanent resident card back in 2013, after entering on a K1 visa. I lived in the USA with my

husband and our daughter until 2017, when we decided to move to the UK to be closer to

my family. Back in September I found out I had to formally cancel my resident status with USCIS, and filled in the paperwork and received a notice that they had processed my case. It has been 92 days since the paperwork was filed, and I have gone on to renew my ESTA for an upcoming trip in April, but it is still telling me I am not authorised to travel to the states. What more do I need to do?! Does anyone know why my ESTA keeps getting denied? Any advice greatly appreciated! Thanks :)

[SusieQQQ 11,587]

You probably need to apply for a B (visit) visa.

[Boiler 45,912]

I agree, you filed the I 407 and not sure you get confirmation it has been processed buy anyway no ESTA is no VWP so that leaves B.

[Amylouisematz 0]

What I am struggling to understand is why the ESTA is denied. I have never overstayed a visa, no criminal background, I have abandoned my residency and been truthful on the application. I have had an ESTA before with no issues, K1 visa and permanent residency with no issues either. It is Frustrating that it is denied but no reasons given and no way to find out either. Then to have to go through extra costs and jump through hoops for a b2 Visa just for a two week visit seems insane. 

[Liam2021 587]

16 minutes ago, Amylouisematz said:

ESTA before with no issues, K1 visa and permanent residency

Since you become PLR, your ESTA will be gone. Even you filed I-407, it possible still in the process.

[Boiler 45,912]

3 minutes ago, H&T said:

Since you become PLR, your ESTA will be gone. Even you filed I-407, it possible still in the process.

The most logical reason but who knows.

[SusieQQQ 11,587]

30 minutes ago, Amylouisematz said:

What I am struggling to understand is why the ESTA is denied. I have never overstayed a visa, no criminal background, I have abandoned my residency and been truthful on the application. I have had an ESTA before with no issues, K1 visa and permanent residency with no issues either. It is Frustrating that it is denied but no reasons given and no way to find out either. Then to have to go through extra costs and jump through hoops for a b2 Visa just for a two week visit seems insane. 

(Most of the world has to do that tbh... visa waivers often seem an under-appreciated thing) I agree it seems unfair given you did everything by the book, but probably just the fact of previous immigrant intent is enough. On the bright side with your background you should have no problem getting a 10 year visa so not have to repeatedly deal with this. 

[Lil bear 4,286]

28 minutes ago, H&T said:

Since you become PLR, your ESTA will be gone. Even you filed I-407, it possible still in the process.

Not certain about the first reason.. I filed I407  after 10 years as LPR, then spent 15 years entering the USA under VWP , using ESTA. No issues. 
my thought would be that the I 407 is still being processed and the ESTA system thinks you are still LPR status. 
Applying for a B1/2 bisa will mean an appearance at the Consulate .. and hopefully you have a paper copy of the submitted I407 to take with you. That might help getting your eligibility to apply for ESTA reinstated. 

Edited December 15, 2019 by Lil bear

[Lil bear 4,286]

Moved to Tourist visa as OP is enquiring about a visa to visit.  not an immigration visa 

[yuna628 9,697]

ESTA/VWP privileges will be gone upon becoming a LPR, nor do I think they get reinstated. That's why it's important to get immigrant status sorted in one country before moving back home if that's on the table.

[Boiler 45,912]

I have lost track but certainly there is nothing I have come across to say than an ex LPR can not use the VWP,  my assumption here is that the I 407 is still in process, but could be another hang up.

[SusieQQQ 11,587]

4 hours ago, Amylouisematz said:

Back in September I found out I had to formally cancel my resident status with USCIS, and filled in the paperwork and received a notice that they had processed my case. It has been 92 days since the paperwork was filed, ...

 

1 hour ago, Boiler said:

I have lost track but certainly there is nothing I have come across to say than an ex LPR can not use the VWP,  my assumption here is that the I 407 is still in process, but could be another hang up.

 

@Amylouisematz, what is the actual case status - you implied it’s competed processing? What does the status on case status online say?

[JFH 12,191]

Might sound like a stupid question but have you completed the ESTA application form correctly? Have you mistakenly answered “yes”’to a question that should be “no”? This happens more often than people think. 

[geowrian 22,338]

I'm unaware of any provision of law or any policy/regulation that precludes a former LPR from using the VWP or obtaining an ESTA.

ESTA approval is based upon many factors other than just not being ineligible for it. Presumably the fairly-recent LPR status was the main factor here. But as noted above above, that alone does not mean somebody could never get an ESTA. It's likely just too soon.

A B visa seems like the obvious route now, and I doubt immigrant intent will be much of an issue given the history.

[retheem 568]

On 12/15/2019 at 10:20 AM, Amylouisematz said:

Hi there 

I was wondering if anyone could shed some light on an issue I’m having. I was granted a permanent resident card back in 2013, after entering on a K1 visa. I lived in the USA with my

husband and our daughter until 2017, when we decided to move to the UK to be closer to

my family. Back in September I found out I had to formally cancel my resident status with USCIS, and filled in the paperwork and received a notice that they had processed my case. It has been 92 days since the paperwork was filed, and I have gone on to renew my ESTA for an upcoming trip in April, but it is still telling me I am not authorised to travel to the states. What more do I need to do?! Does anyone know why my ESTA keeps getting denied? Any advice greatly appreciated! Thanks

Out of curiosity, why didn't you apply for US Citizenship? You could have had it if you stayed in the US for an additional year