Getting an ESTA after filing a I-407 Form (Surrending Greencard)

[annabelpb 5]

Hi, 
My husband got his US greencard a few years ago when we thought we were going to live in the US.  I then got a permanent job transfer to the UK and we have been living there for the last 2 years.

 

I came back to spend a vacation with my family and my husband is due to join us a few weeks.

 

He submitted his i-407 form to surrender his greencard more than 30 days ago but when he went to go and apply for his ESTA for a 2 week visit, it got denied (I am assuming as it appeared he still has a greencard).

 

He hasn't received the receipt of his i-407 form yet (30 days after confirmed mail delivery) and he is due to travel in 3 weeks. 

 

Does anyone have any advice of what to do?  Or how long the processing can take? Or any other options we have?

 

Cheers,

Annabel

 

[Boiler 45,399]

He can apply for a B visa.

[Lil bear 4,163]

35 minutes ago, annabelpb said:

Hi, 
My husband got his US greencard a few years ago when we thought we were going to live in the US.  I then got a permanent job transfer to the UK and we have been living there for the last 2 years.

 

I came back to spend a vacation with my family and my husband is due to join us a few weeks.

 

He submitted his i-407 form to surrender his greencard more than 30 days ago but when he went to go and apply for his ESTA for a 2 week visit, it got denied (I am assuming as it appeared he still has a greencard).

 

He hasn't received the receipt of his i-407 form yet (30 days after confirmed mail delivery) and he is due to travel in 3 weeks. 

 

Does anyone have any advice of what to do?  Or how long the processing can take? Or any other options we have?

 

Cheers,

Annabel

 

Processing times according to the USCIS website is 2-2.5 months 

[millefleur 5,046]

**Moved from General Immigration-Related Discussion to Tourist Visas**

[annabelpb 5]

We looked into that but it in the UK they aren't offering many appointments and can't guarantee he will get an appointment in time. It costs $160 just to apply so seems like a waste if he won't be able to make it by his flight date. Especially without an USCIS receipt yet.

 

Other issue with the B visa is that they keep his passport - but he needs his passport to travel on another trip before he comes to the US. 

 

I saw the 2-2.5 month processing time for the i-407 but was hoping maybe once it has started processing, he could reapply for his ESTA. 

[SusieQQQ 11,586]

3 minutes ago, annabelpb said:

We looked into that but it in the UK they aren't offering many appointments and can't guarantee he will get an appointment in time. It costs $160 just to apply so seems like a waste if he won't be able to make it by his flight date. Especially without an USCIS receipt yet.

 

Other issue with the B visa is that they keep his passport - but he needs his passport to travel on another trip before he comes to the US. 

 

I saw the 2-2.5 month processing time for the i-407 but was hoping maybe once it has started processing, he could reapply for his ESTA. 

I don’t think it works like that. My experience with USCIS is that 99.9% of the “processing time” is just the form sitting waiting to get to the top of the pile of documents. They don’t actually spend 2 months working on the document. Until it’s processed he’s still considered a LPR in their eyes. He would probably be able to get a B visa regardless of that by talking to the CO about what is happening, and in some likelihood he might need a B anyway - but if you want to save $160 and try reapply for an ESTA then your only option is to wait until processing is completed and try again.

[Boiler 45,399]

You are assuming that the GC is the issue and it could well be but also it might not be. Sometime US Immigration engages in joined up thinking but I have seen far too many examples when it has not.

 

For example UK is still on the banned list, that may be a factor, may be something else in his timeliine.

 

I would certainly try again when his I 407 is processed but no certainty, lets say it is because he is registered in the system as a LPR I have no idea how long it takes to work through.

[carmel34 3,615]

21 hours ago, annabelpb said:

he is due to travel in 3 weeks

Hopefully the ticket is either refundable or can be changed so he can travel at a later date if needed.  Based on what you have shared here regarding his situation, it will take time, likely much more than 3 weeks, for him to get a proper visa (either B2 or ESTA) to be able to travel to the US.  Good luck!

[Boiler 45,399]

From what I have read a B appointment is unlikely this year save for emergencies.