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

[Femke Muntz 4]

13 minutes ago, Hocnos said:

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.

So, based on that are you saying I won’t get into the country to be seen in front of a judge? 

 

14 minutes ago, Hocnos said:

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.

 

[Hocnos 8]

I don't know, sorry. Consider talking to an immigration lawyer before you travel.

[Femke Muntz 4]

Update: I boarded with an ESTA in Amsterdam and arrived in the US on Nov 21 with my husband, kids, and pets, presented my expired green card and got in with no issues. The immigration officer asked me when the last time was that I entered as a permanent resident. I told him for a wedding in 2018. He asked me if I ever meant to abandon my status. I said absolutely not. He said ok. You can go, just file an I-90 and you're good. Never felt so lucky. 

[powerpuff 6,705]

Thanks for the update. You got a really nice officer, I’m glad it worked out.