I-407 not processed but ESTA got approved?

[Liina 37]

Hi,

 

Some weeks ago I sent off my I-407. I left the US several months ago at this point and decided it was time to finally and formally give up my GC.

Then shortly after my new job told me they'd like me to visit the US in September and October of this year to meet the team there. The postal tracking for my I-407 hasn't been updated so I don't even know if the GC and the form got lost or if they are still on their way.. (should have been delivered by now). Either way, I have no confirmation. 

 

The company had a quick chat with their lawyers and said I could try still applying for ESTA to see what happens. My ESTA got approved in a matter of ~2h -- everyone on this forum state that if I have an LPR status then the ESTA would get denied. The ESTA application didn't ask anything about current or previous legal statuses in the US. 

Am I good to travel in this case or will the Border Control send me back? My passport does show that I was admitted as an LPR back at the beginning of the year (last time I traveled back and forth to the US). I tried to contacting the Border Control as well but no luck so far. (I am obviously not looking to remain in the US and can provide proof of that if needed; these would be ~4-5 day visits only.)

 

The lawyers and the company will also do some further research but I was hoping to hear if anyone has any first-hand experience. 

[Mike E 11,741]

It is a false statement that esta is guaranteed to be denied if USCIS still has you listed as an LPR.  I’ve seen LPRs successfully file for esta before. And enter the USA on esta before.
 

 This assumption that all the IT systems of all of 1000s of federal bureaucracies are linked together seamlessly is a fantasy purported by Hollywood screen writers.
 

Turn off the TV.   

 

In reality it is a giant mess.  
 

You are fine but bring evidence you filed I-407 in case CBP discovers you were an LPR. This is to avoid a fine.  

[Liina 37]

3 minutes ago, Mike E said:

You are fine but bring evidence you filed I-407 in case CBP discovers you were an LPR. This is to avoid a fine

Could you tell me where I can see info about the fine? 

I have yet to find any official information about an LPR applying for an ESTA or the I-407 process in general aside from the short explanation on USCIS website and a couple embassy websites around the world. I haven't seen anything about fines. 

 

4 minutes ago, Mike E said:

Turn off the TV.   

 

Wasn't the TV, I just noted that all the threads I have seen about it on VisaJourney or other similar forums seem to share the experience that their ESTA got denied, often even after the I-407 was processed. 

[Mike E 11,741]

2 hours ago, Liina said:

Could you tell me where I can see info about the fine?

I-193 

 

An LPR who doesn’t present a valid I-551 is subject to paying the fee for I-193.  
 

You have a good reason for not presenting your I-551: you filed I-407. 
 

Life pro tip for any LPR reading this who wants to abandon LPR status: if you have a visit to the USA planned, wait until to arrive in the USA, and file I-407 at the port of entry.  
 

2 hours ago, Liina said:

 

 

 

 Wasn't the TV, I just noted that all the threads I have seen about it on VisaJourney or other similar forums seem to share the experience that their ESTA got denied, often even after the I-407 was processed. 

Yes. They should turn off the TV.  

[powerpuff 6,744]

Hijack post and replies removed. Do not insert your questions in other members threads; ask questions in your own thread instead.

 

VJ Moderation 

Edited October 14, 2023 by powerpuff