Forgot to surrender GC, unable to obtain ETSA and travelling in 5 days

[sjavj 1]

3 minutes ago, SusieQQQ said:

I’m not sure what you’re still waiting for re surrendering the green card, why not get the process started so everything else can fall into place?

Yup, we'll do it promptly. But for this thread, mainly trying to see if there's any hope of entry given our set of circumstances (travel plans in 5 days).

 

Appreciate your input on the matter and interested to see if others have had or heard of successful entry in situations like ours. 

[Going through 5,671]

Just now, sjavj said:

Appreciate your input on the matter and interested to see if others have had or heard of successful entry in situations like ours. 

The ones I have come across led to the person being admitted to later on appear before an IJ, and a couple that were detained until their appearance before a IJ.  No wins in either situation.

[sjavj 1]

2 minutes ago, Going through said:

Not sure what else you could lead with, to be honest.

 

Once the CBP officer finds out she's been residing outside of the US for 3 years, there is no real other option I can see being presented to you in that moment.

 

Makes sense. I guess what's not clear to me (and sorry if I'm being dense) is whether it's possible she could pass the border after submitting the I-407, or if it's automatic she will be sent back home.

 

 

[SusieQQQ 11,587]

5 minutes ago, sjavj said:

Makes sense. I guess what's not clear to me (and sorry if I'm being dense) is whether it's possible she could pass the border after submitting the I-407, or if it's automatic she will be sent back home.

 

 

As I said before, I don’t think CBP has the discretion to admit her on B (visitor) status if she arrives without an ESTA or B visa. So it’s either parole in (and that could only be to see an IJ, and would assume she has not signed the i407], or going back home. 

[geowrian 22,338]

It’s possible to be boarded with that green card. Airline’s discretion. CBP may ask her to relinquish the green card and then may or may not admit entry. Risky IMO. Refusal to do so could result in being paroled and having to see an immigration judge and possibly having status formally revoked and/removed (deported). Also not a good experience.

 

Best thing, IMHO, is to delay the trip and get the status formally removed and get a proper ESTA or visa.

[geowrian 22,338]

1 minute ago, SusieQQQ said:

As I said before, I don’t think CBP has the discretion to admit her on B (visitor) status if she arrives without an ESTA or B visa. So it’s either parole in (and that could only be to see an IJ, and would assume she has not signed the i407], or going back home. 

I believe they can accept the I-407 and enter via the VWP. An ESTA is only for boarding purposes. CBP can make a decision to admit a VWP traveler on the spot.

 

But it has the risks noted above if they refuse.

[SusieQQQ 11,587]

I thought maybe last ditch attempt - apply for a B and sign i407 at the embassy at the same time, but London has an 8 calendar day wait for interviews so you don’t have time for that.

[SusieQQQ 11,587]

2 minutes ago, geowrian said:

It’s possible to be boarded with that green card. Airline’s discretion. CBP may ask her to relinquish the green card and then may or may not admit entry. Risky IMO. Refusal to do so could result in being paroled and having to see an immigration judge and possibly having status formally revoked and/removed (deported). Also not a good experience.

 

Best thing, IMHO, is to delay the trip and get the status formally removed and get a proper ESTA or visa.

Just to be explicit about this: getting her green card revoked or being deported means she will be ineligible for an ESTA and her chances of ever getting a B visa are just about zero. 

[sjavj 1]

2 minutes ago, geowrian said:

It’s possible to be boarded with that green card. Airline’s discretion. CBP may ask her to relinquish the green card and then may or may not admit entry. Risky IMO. Refusal to do so could result in being paroled and having to see an immigration judge and possibly having status formally revoked and/removed (deported). Also not a good experience.

 

Best thing, IMHO, is to delay the trip and get the status formally removed and get a proper ESTA or visa.

Thank you so much!

 

This is helpful... so given that we have no intention of refusing to relinquish the green card, it sounds like the absolute worst case scenario then is that my wife relinquishes and is sent on home . The flip side being that there's a chance depending CBP discretion she could be let in after submitting the I-407??

 

We 100% would not refuse and risk seeing an IJ and risk deportation. 

 

If there is a possibility she could be let in, we might give it a go... 

 

 

[SusieQQQ 11,587]

6 minutes ago, geowrian said:

I believe they can accept the I-407 and enter via the VWP. An ESTA is only for boarding purposes. CBP can make a decision to admit a VWP traveler on the spot.

 

But it has the risks noted above if they refuse.

She has just been denied an ESTA. I can’t see CBP overlooking that and allowing her in ?

[Going through 5,671]

14 minutes ago, sjavj said:

Makes sense. I guess what's not clear to me (and sorry if I'm being dense) is whether it's possible she could pass the border after submitting the I-407, or if it's automatic she will be sent back home.

 

 

No one can say 100% how it will go.

 

I will strongly advise this, though:  If she gets paroled in and then gets a NTA, the last thing you want to do is "skip" or ignore that procedure as well.

[sjavj 1]

3 minutes ago, SusieQQQ said:

Just to be explicit about this: getting her green card revoked or being deported means she will be ineligible for an ESTA and her chances of ever getting a B visa are just about zero. 

Since we are 100% prepared to relinquish the green card this should not be a concern, if I'm understanding the situation correctly. 

 

[SusieQQQ 11,587]

1 minute ago, sjavj said:

Thank you so much!

 

This is helpful... so given that we have no intention of refusing to relinquish the green card, it sounds like the absolute worst case scenario then is that my wife relinquishes and is sent on home . The flip side being that there's a chance depending CBP discretion she could be let in after submitting the I-407??

 

We 100% would not refuse and risk seeing an IJ and risk deportation. 

 

If there is a possibility she could be let in, we might give it a go... 

 

 

Do you realize that if she is refused entry at the border she may never end up being able to get a B visa and visit again? It’s not just the cost of the airfare you’re risking. 

[sjavj 1]

1 minute ago, Going through said:

No one can say 100% how it will go.

 

I will strongly advise this, though:  If she gets paroled in and then gets a NTA, the last thing you want to do is "skip" or ignore that procedure as well.

Why would we she get paroled in if she is prepared to relinquish her green card? 

[SusieQQQ 11,587]

Just now, sjavj said:

Since we are 100% prepared to relinquish the green card this should not be a concern, if I'm understanding the situation correctly. 

 

Let me get this straight - you’re desperate for her to visit now but don’t care that if she’s refused she might never be able to visit again? Not sure I see the logic in that, but it’s your call.

 

Being refused entry now will not endanger a future attempt at a green card though should you decide you want to move back eventually.