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

[Going through 5,671]

1 minute ago, sjavj said:

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

On what other basis would she be allowed to enter except with parole?  She has no visitor visa.

[SusieQQQ 11,587]

Anyway, it’s definitely an unusual situation as you can see, please let us know what happens if you do decide to try for her to travel.

[sjavj 1]

Just now, SusieQQQ said:

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. 

We are just assessing all the options and gathering information. I appreciate your input! It sounds like you are reasonably certain that being refused entry once would hurt future chances of obtaining a visa in the future. This is my first time hearing this and will take it under due consideration.  Is there any documentation or reference you could point me to that corroborates this? 

[sjavj 1]

7 minutes ago, Going through said:

On what other basis would she be allowed to enter except with parole?  She has no visitor visa.

 

geowrian mentioned that it's CBP Officer has the ability to grant VWP which gives us some hope. 

Edited December 16, 2019 by sjavj

[SusieQQQ 11,587]

7 minutes ago, sjavj said:

We are just assessing all the options and gathering information. I appreciate your input! It sounds like you are reasonably certain that being refused entry once would hurt future chances of obtaining a visa in the future. This is my first time hearing this and will take it under due consideration.  Is there any documentation or reference you could point me to that corroborates this? 

My first thought was, Are you kidding me? But then I realized you guys who are so used to visa free travel have no idea what a privilege it actually is. One of the main questions you’re always asked, ESTA or any non immigrant visa, is if you have been refused entry or asked to withdraw your application for entry. (Be aware that many countries care about any refusal anywhere, so for example getting refused entry to the US could impact her getting an eTA for Canada and whatever the Australian version is.)   Yes, being refused entry is a huge risk factor for getting future non immigrant visas for the US.

Edited December 16, 2019 by SusieQQQ

[Going through 5,671]

6 minutes ago, sjavj said:

 

geowrian mentioned that it's CBP Officer has the ability to grant VWP which gives us some hope. 

Yes----at that specific officer's specific discretion in that specific moment.  There's not much criteria or anything that she can be assessed with---it's more at their whim, in a way.  And very risky if they refuse, as geo also mentioned.

 

Edited December 16, 2019 by Going through

[sjavj 1]

1 minute ago, SusieQQQ said:

My first thought was, Are you kidding me? But then I realized you guys who are so used to visa free travel have no idea what a privilege it actually is. One of the main questions you’re always asked, ESTA or any non immigrant visa, is if you have been refused entry or asked to withdraw your application for entry. (Be aware that some countries like the US only care about themselves but others care about all, so for example getting refused entry to the US could impact her getting an eTA for Canada and whatever the Australian version is.)   Yes, being refused entry is a huge risk factor for getting future non immigrant visas. 

Just curious where you are getting this information? It makes sense and everything. I'm willing and eager to get more educated on the issue if you could point me in the right direction. 

[geowrian 22,338]

51 minutes ago, SusieQQQ said:

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

I have heard of somebody being denied an ESTA then let in at the border via VWP (I think they went to Canada first then crossed by land). This was a while ago so I'm not sure I can find the thread, sorry.

That said, I agree that it's a risky play...certainly not a typical situation.

[sjavj 1]

35 minutes ago, geowrian said:

That said, I agree that it's a risky play...certainly not a typical situation.

 Trying to assess the specific risks, still a bit unclear.

 

If we are prepared to agree to relinquish the green card with an I-407, is there any risk besides than just being sent back? Are you referring to the denial hurting my wife's chances of obtaining a travel visa in the future like SusieQQQ mentioned? 

 

As far as being paroled for an date with the an immigration judge wouldn't this only happen if we refused to relinquish?

 

 

 

[sjavj 1]

1 hour ago, SusieQQQ said:

 One of the main questions you’re always asked, ESTA or any non immigrant visa, is if you have been refused entry or asked to withdraw your application for entry. 

Oops, I missed this on my first read-through. This definitely gives us something to consider... and sorry for the previous incredulous reply.

 

Your answers have  been really helpful and are much appreciated!

 

[geowrian 22,338]

24 minutes ago, sjavj said:

 Trying to assess the specific risks, still a bit unclear.

 

If we are prepared to agree to relinquish the green card with an I-407, is there any risk besides than just being sent back? Are you referring to the denial hurting my wife's chances of obtaining a travel visa in the future like SusieQQQ mentioned? 

 

As far as being paroled for an date with the an immigration judge wouldn't this only happen if we refused to relinquish?

Absolute worst case if you relinquish the green card AND are denied entry is an expedited removal due to trying to enter without an appropriate travel document. But this would be kinda fringe in this situation IMO. But is possible. Most likely result would either being admitted via the VWP or denied entry.

 

Yes, being paroled in and having to see an IJ would apply if giving up the green card was refused.

[Boiler 45,913]

I have seen people being paroled in after surrendering their GC, and ESTA is not needed for land crossings. Recommended.

[geowrian 22,338]

5 minutes ago, Boiler said:

I have seen people being paroled in after surrendering their GC, and ESTA is not needed for land crossings. Recommended.

Interesting. I've only seen being admitted under the VWP. Similar situation to this or something different (i.e. somebody not eligible for the VWP such as a previous overstay)?

[Boiler 45,913]

I am not even sure it is possible to enter someone arriving by air on the VWP with no ESTA.

[Duke & Marie 1,389]

1 hour ago, Boiler said:

I am not even sure it is possible to enter someone arriving by air on the VWP with no ESTA.

Not to my knowledge.. when my dad was sick a few year back I was trying to get VWP with my old passport (nil chip type) I had to upgrade to get the chip for ESTA so the link... the airport will not let you fly without ESTA unless you have written type travel visa and will ask for it when checking in for flight.. 

 

note... I was also a dual citizen of that country (UK), but my UK passport had expired, so I was trying to travel using my Aussie passport on the vwp to gain entry while my dad had quadruple bi-pass.. no allowances made, ended up getting a new Aussie passport (chip) to attach ESTA and VWP.. 

Edited December 16, 2019 by Duke & Marie