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

[Nitas_man 3,100]

7 hours ago, sjavj said:

Thanks for responding! We have no problem with signing and submitting an I-407. We would have done it months ago if we had done our research.

 

If we submit our I-407 to the customs officer, do you think it is it possible my wife can be allowed entry then? 

Not likely.  If ESTA was applied for and denied the remaining choice was a B visa.

Edited December 16, 2019 by Nitas_man

[Unlockable 7,315]

*** One post edited to remove inappropriate word. Please do not use foul language in the forum.

 

VJ Moderation

[Crazy Cat 42,215]

11 hours ago, sjavj said:

We are just assessing all the options and gathering information

Thanks for starting this thread.  Please return to this thread to update us after your travel.  This is a very interesting case which will provide very valuable information for others in the future....Good luck.

[carmel34 3,655]

13 hours ago, sjavj said:

My wife was denied ETSA

So here's the core of your problem.  Your wife's attempts to enter the US will be viewed with immigrant intent, as she is married to a US citizen, so they always consider the possibility that she will stay and try to adjust status.  This is how CBP views every non-US citizen trying to enter with ESTA or a B tourist visa or any non-immigrant visa.  She abandoned her green card and LPR status so she either needs a valid B visa or a new spousal immigrant visa to enter.  Even if you had time to apply for a B it may be denied because of the assumed immigrant intent--she is married to a US citizen.  Your ties to the UK may help overcome this but there is no guarantee and there is not enough time to apply for a tourist visa in 5 days.  She can try to enter with the abandoned green card but she will likely be denied entry by CBP since she has no valid visa to enter on.  It's not worth the risk in my opinion for all the reasons others have mentioned.  I would recommend postponing the trip and applying for a B visa and see what happens, and don't buy another ticket until she has the B visa in hand.  Good luck!  

[Lil bear 4,322]

13 hours ago, SusieQQQ said:

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.

May not still be the situation as it was pre 9/11.. My husband surrendered his GC at POE.. signed the  407 on the spot .. and was allowed in under VWP eligibility.

[geowrian 22,338]

15 minutes ago, Lil bear said:

May not still be the situation as it was pre 9/11.. My husband surrendered his GC at POE.. signed the  407 on the spot .. and was allowed in under VWP eligibility.

Thanks for sharing the experience. No law/policy changes regarding this changed AFAIK, although being admitted is at the officer’s discretion so I could see a bit of a higher scrutiny now.

 

Was this a land or air crossing?

[SusieQQQ 11,587]

24 minutes ago, Lil bear said:

May not still be the situation as it was pre 9/11.. My husband surrendered his GC at POE.. signed the  407 on the spot .. and was allowed in under VWP eligibility.

Had he tried to get and been denied an ESTA before he did that?

 

Lets not forget the facts of this case. OP is aware green card deemed abandoned, esta has been denied, no visa, they are knowingly going to the US without any usual form of pre-clearance, was this your case?

 

Edited December 16, 2019 by SusieQQQ

[Boiler 46,034]

There was no ESTA then, you filled the form in on the plane.

[SusieQQQ 11,587]

1 minute ago, Boiler said:

There was no ESTA then, you filled the form in on the plane.

Thank you, I always had to have a visit visa so no idea what the visa free protocol for US has been over time (though I can tell you the development from handwriting on wet ink stamps to printed visa foils, haha)

[Boiler 46,034]

ESTA has not been around that long, 10 years, maybe a bit longer. It was a simple form, took a few minutes, similar to the Customs form. The Cabin Staff handed them out.

[Lil bear 4,322]

1 hour ago, geowrian said:

Thanks for sharing the experience. No law/policy changes regarding this changed AFAIK, although being admitted is at the officer’s discretion so I could see a bit of a higher scrutiny now.

 

Was this a land or air crossing?

Air..  into LAX 

[Lil bear 4,322]

1 hour ago, SusieQQQ said:

Had he tried to get and been denied an ESTA before he did that?

 

Lets not forget the facts of this case. OP is aware green card deemed abandoned, esta has been denied, no visa, they are knowingly going to the US without any usual form of pre-clearance, was this your case?

 

No denial etc. GC was still current but we had been out of the US for a while. He was working for a US company and we were retaining enough ties to the US to demonstrate domicile when  he returned 3-4  times a year .. but we had decided after a while that we were going to remain overseas so I relinquished mine at the Consulate, he did his the next time he had to return for work, at POE. Work was already based outside US and paid in local currency.  Our situation was very similar to the OP in many ways. 

[SalishSea 18,125]

1 hour ago, Boiler said:

ESTA has not been around that long, 10 years, maybe a bit longer. It was a simple form, took a few minutes, similar to the Customs form. The Cabin Staff handed them out.

I remember those days......seems like soooo long ago.

[Lil bear 4,322]

51 minutes ago, Jorgedig said:

I remember those days......seems like soooo long ago.

Yes I remember them too .. needing to remember that the blank line for writing was above the printed info not below .. I’m sure almost everyone needed TRO cards each trip ! And then CBP stapled the bottom section into 

your passport and half the time check in staff failed to take it out on departure !!

[SusieQQQ 11,587]

2 hours ago, Lil bear said:

No denial etc. GC was still current but we had been out of the US for a while. He was working for a US company and we were retaining enough ties to the US to demonstrate domicile when  he returned 3-4  times a year .. but we had decided after a while that we were going to remain overseas so I relinquished mine at the Consulate, he did his the next time he had to return for work, at POE. Work was already based outside US and paid in local currency.  Our situation was very similar to the OP in many ways. 

If he was returning 3-4 times a year, that’s a totally different scenario than someone who has been out the US for 3 years. One is not automatically presumed abandoned (though may be deemed so on the facts), but the other is.

Edited December 16, 2019 by SusieQQQ