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ClareHan

ESTA after green card surrender

By ClareHan in Tourist Visas

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ClareHan Apprentice

ClareHan   0

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I spent too long out of the US and sadly I think I will have to surrender (abandon) my green card. After I've done this and received confirmation that my LPR status is abandoned, I want to travel again to America later next year as a regular tourist with an ESTA. Will I have sent difficulty getting an ESTA or will it be straightforward?

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Mystery 2020
Mystery 2020

Brb while I check my crystal ball.   How is anyone going to know? Apply and find out.

Lil bear
Lil bear

As suggested previously .. maybe the best thing is to stop stressing about the green card and one year. If you aren’t well enough to travel now then focus on getting well first then deal with when whe

mushroomspore
mushroomspore

I'm gonna be blunt. You need to stop asking and start making your final decision/plan. We can't tell you what will happen. We can only make educated guesses. They are probably going to be more lenient

Crazy Cat Grand Master

Crazy Cat   41,836

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15 minutes ago, ClareHan said:

I am hoping to hear from people who've been through the same or similar situation. It's a serious issue to me as I want to be with my husband. Thanks for your sarcasm. 

Have you and your husband started the spousal visa process?  That is the ONLY way to live together in the US.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,836

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How long have you been outside the US?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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mushroomspore Proficient

mushroomspore   3,044

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1 hour ago, ClareHan said:

I spent too long out of the US and sadly I think I will have to surrender (abandon) my green card. After I've done this and received confirmation that my LPR status is abandoned, I want to travel again to America later next year as a regular tourist with an ESTA. Will I have sent difficulty getting an ESTA or will it be straightforward?

Honestly, I'd say you're better off just coming back and seeing if CBP lets you in. While you've definitely been out of the US for a while, there's a good chance that they'll be more lenient than usual due to COVID. I saw your other threads about this. I would actually advise against jumping the gun on surrendering your GC. Once you do that, you would probably have to wait quite a while before you can get ESTA or any kind of visitor visa. Even with ESTA or a visitor visa of some kind, what would the long-term plan be? ESTA is only good for 90 days. You can't come back long-term with that.

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Lucky2Lucky Experienced

Lucky2Lucky   2,526

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I can’t speak from experience but since you’ve shown immigration intent in the past I don’t believe obtaining an ESTA will be straight forward. Good luck though.

Our K1 Journey    I-129f

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Lil bear Mentor

Lil bear   4,189

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I don’t  think your chances of getting an ESTA will be very good. We relinquished green cards and then successfully traveled for years into the US to visit extended family and friends. But we had clearly severed our direct ties with the US.. you have a spouse in the US.. you demonstrated immigration intent before and obtained a GC.. your ties to the US are likely to be seen as too strong to overcome the risk of AOS while visiting the US. 
Im just not sure that there are any ways around your dilemma that haven’t already been suggested in the multiple threads you have started. 10 is 10 whether you get to it by 8+2, 5+5, or any other way. 😢

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Crazy Cat Grand Master

Crazy Cat   41,836

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3 minutes ago, ClareHan said:

I'm only just coming up to one year outside the usa but I cant get back within a year. :(

I would do everything in my power to return within a year.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,836

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Just now, ClareHan said:

No we havent. But should I surrender my green card first?

No......I edited that post after re-reading the thread.  You already have a green card.  I would return to the US as soon as possible...if your goal is to live with your spouse in the US.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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ClareHan Apprentice

ClareHan   0

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11 minutes ago, Lucky Cat said:

No......I edited that post after re-reading the thread.  You already have a green card.  I would return to the US as soon as possible...if your goal is to live with your spouse in the US.  

What if I can't return right now or anytime too soon. I have mental health problems.  That's what stopped me returning. Can we start the spousal visa process without me surrendering my green card or do I have to surrender it first?

Edited by ClareHan
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