Risk of flying on ESTA (tourist visa) with pending I-130 with kids?

[Boiler 45,487]

I have seen cases referred to an Immigration Judge but it seems uncommon and certainly not recently. They are a bit busy.

 

So could it happen, absolutely and of course the whole situation is pointless because the worst that would happen is that the GC would be taken away and you would just file to adjust.

 

I assume the powers that be know this and that is why they do not bother with waste of time cases.

[Femke Muntz 4]

27 minutes ago, Hocnos said:

If you are not using your GC to fly, then yes, you are required to be fully vaccinated.

 

I will not advice an any narratives you should use when talking to the CBP/USCIS officials, as you should always say the truth, but will say delays due to covid, health and family reason, including and not limited to child birth are all legitimate.

 

Also, be warned, if you do this, you will have to appear for hearings and present your case before an immigration judge who will ultimately decide on your case based on the evidence presented. It will be long and potentially expensive process, and I would recommend you get an immigration lawyer. It won't be easy.

 

Lastly, I would suggest to move this thread to the LPR forum, as you are a LPR and should investigate reinstatement of your status before you go through the CR1 route.

Thanks so much for all this info!

[Femke Muntz 4]

54 minutes ago, Boiler said:

I have seen cases referred to an Immigration Judge but it seems uncommon and certainly not recently. They are a bit busy.

 

So could it happen, absolutely and of course the whole situation is pointless because the worst that would happen is that the GC would be taken away and you would just file to adjust.

 

I assume the powers that be know this and that is why they do not bother with waste of time cases.

So you say we should go for it and we’ll probably be fine, and may not even end up in court? What is your thought on I-130? Keep it going just in case? Or will it be in the way for entry?

[SusieQQQ 11,586]

10 hours ago, Femke Muntz said:

And I can’t board a plane with an expired greencard.. so

Wow. I gave you two links from 2 different CBP documents, and carefully extracted the relevant parts of those documents, that said you could and even advised you how to make the airline call CBP if they gave you hassle for doing so. I guess you didn’t read that post. 

[Boiler 45,487]

8 hours ago, Femke Muntz said:

So you say we should go for it and we’ll probably be fine, and may not even end up in court? What is your thought on I-130? Keep it going just in case? Or will it be in the way for entry?

I meant to reply earlier.

 

I never said what you should do, there are options and I certainly do not know enough about your situation to suggest which one you should choose.

 

I think your confusion arises because you assume this is a logical, that somehow it is a jigsaw puzzle where all the pieces fit. It is not like that. A lot of it is illogical, contradictory, which is what makes it interesting.

 

Likely you may have had better options, but that is not that relevant now, we are where we are.

 

Now I would not withdraw anything personally. Just in case.

[pushbrk 12,882]

35 minutes ago, Boiler said:

I meant to reply earlier.

 

I never said what you should do, there are options and I certainly do not know enough about your situation to suggest which one you should choose.

 

I think your confusion arises because you assume this is a logical, that somehow it is a jigsaw puzzle where all the pieces fit. It is not like that. A lot of it is illogical, contradictory, which is what makes it interesting.

 

Likely you may have had better options, but that is not that relevant now, we are where we are.

 

Now I would not withdraw anything personally. Just in case.

Agree but will add or make clear that ONE of your options is to actually file the I-407 and abandon your LPR status.  You will have effectively chosen to continue to pursue the IR1 visa, leaving no confusion or legal concerns.  The problem with options is that they complicate your choices.  Still YOUR choice though.

[Femke Muntz 4]

4 hours ago, SusieQQQ said:

Wow. I gave you two links from 2 different CBP documents, and carefully extracted the relevant parts of those documents, that said you could and even advised you how to make the airline call CBP if they gave you hassle for doing so. I guess you didn’t read that post. 

No, I did miss that! I’ll go back over and look for it. Thank you!

[Femke Muntz 4]

3 hours ago, Boiler said:

I meant to reply earlier.

 

I never said what you should do, there are options and I certainly do not know enough about your situation to suggest which one you should choose.

 

I think your confusion arises because you assume this is a logical, that somehow it is a jigsaw puzzle where all the pieces fit. It is not like that. A lot of it is illogical, contradictory, which is what makes it interesting.

 

Likely you may have had better options, but that is not that relevant now, we are where we are.

 

Now I would not withdraw anything personally. Just in case.

Very clear, thank you!

[Femke Muntz 4]

2 hours ago, pushbrk said:

Agree but will add or make clear that ONE of your options is to actually file the I-407 and abandon your LPR status.  You will have effectively chosen to continue to pursue the IR1 visa, leaving no confusion or legal concerns.  The problem with options is that they complicate your choices.  Still YOUR choice though.

Thank you!

[SalishSea 17,828]

15 hours ago, Femke Muntz said:

We could definitely play it so it looks like we had move back for a job that my husband was offered in Amsterdam. We always planned to return but Corona delayed us etc etc. 
 

Jeez.  Please don't lie or fabricate.  No good comes of that with US immigration, plus it just ruins things for others.

[Femke Muntz 4]

30 minutes ago, Jorgedig said:

Jeez.  Please don't lie or fabricate.  No good comes of that with US immigration, plus it just ruins things for others.

I realized that later.

[Chancy 6,241]

Folks, it seems OP may have actually signed I-407 at a POE back in 2018 --

 

 

[Boiler 45,487]

On 10/14/2022 at 10:54 AM, Femke Muntz said:

No I never did, I just let it expire.

I sort of gave up when I saw that thread.

 

Does explain why ESTA was approved.

[Femke Muntz 4]

49 minutes ago, Boiler said:

I sort of gave up when I saw that thread.

 

Does explain why ESTA was approved.

Not true. I finally found out what happened. They let me in on ESTA at the Canada/US border with a 1month expired green card. Not sure why or how. I signed an ESTA form, not the I-407. I still have permanent resident status and yes I got approved for ESTA again. In hindsight maybe I shouldn't have applied for ESTA but Icelandair (the airline I plan to fly with) can't tell me if they can board me with expired card. Thinking about boarding with ESTA, and presenting PRC in Denver, not mentioning ESTA (unless this shows up in system anyway?). We're just gonna play open card and hope for the best. If they can't deny me entry... then why do I have to worry?

[Hocnos 8]

On 10/20/2022 at 8:55 PM, Femke Muntz said:

They let me in on ESTA at the Canada/US border with a 1month expired green card.

So you traveled with expired Green Card before? I mean, I'm sorry OP, but that doesn't sound like 'oh I forgot to renew my status in the US', it sounds like you deliberately were not keeping up with the status in the US. I have to take back what I said about you having straightforward case before, it will be much harder to prove you were intending to keep your residency if you knew it expired and took no action. Please consider my previous advice to you void.

Edited October 21, 2022 by Hocnos