Green Card

[SalishSea 17,819]

3 minutes ago, Mike E said:

By CBP, electronically.  It is an error.  
 

 

I had no idea it was even possible for an LPR to get an ESTA.

[jan22 3,052]

9 hours ago, Jorgedig said:

I had no idea it was even possible for an LPR to get an ESTA.

There is a provision for an LPR to be issued a temporary visitors visa - I assume this would also apply to the ESTA equivalent - when they need to travel to the US more quickly than getting a returning resident visa would take, without relinquishing their green card.  It isn't clear that the lady's situation would qualify under this provision, but we don't really know the details of her situation.

 

 

9 FAM 402.2-4(B)(10)  (U) Lawful Permanent Resident (LPR) Issued Nonimmigrant Visitor Visa for Emergency Temporary Visit to United States(CT:VISA-1625;   09-08-2022)

(U) An LPR may, in some cases, need to get a visa more quickly than obtaining a returning resident visa would permit.  For example:  a permanent resident employed by a U.S. corporation may be temporarily assigned abroad which requires them to remain out of the United States for more than one year.  They may be issued an NIV to travel to the United States for urgent business meeting and Form I-551 need not be surrendered.  The relinquishment of the I-551 must not be required as a condition precedent to the issuance of either an immigrant or NIV unless DHS has requested such action.  You may wish to limit and annotate the visa to reflect the nature of the LPR's travel, and to provide additional information to ports of entry.

 

Edited December 8, 2022 by jan22

[Chancy 6,241]

*** Moved from ROC General Discussion to Working & Traveling During US Immigration -- OP's relative does not have a conditional GC ***

 

[AOSFairfax 111]

As a Greek citizen myself, it is well known that Greek government or airport employees can barely answer competently on questions regarding Greece’s own bureaucratic processes so why she chose to believe a random Greek person’s account of US immigration is beyond me. Also, covid lockdowns would not have prevented her from coming back to the US at any point. As others have mentioned, an LPR is not eligible for an ESTA and an LPR cannot split their time between the US and another country, and spend significant amounts of time outside the US without risking losing their status, especially without having applied for a re-entry permit prior to departure. A green card is for living permanently in the US, the ability to split time between two countries is only afforded to citizens. 
 

Regardless, your relative needs to decide where she wants to live. If its the US, then she needs to exit the country, attempt to come back using her GC, and then stay here for a considerable amount of time before trying to leaving again (aka there are not going to be Greek summers in her near future as most expats do). If later on she wants the freedom to split her time between the two countries, she’s going to have to naturalize and meet the continuous residency requirements for that. Once she’s a citizen she can do as she pleases. 

 

If on the other hand she wants to live in Greece, she can relinquish her GC and be on her way. Best of luck!

[Lil bear 4,189]

18 hours ago, Jorgedig said:

The ESTA would have been issued in Greece before travel.

Country has no bearing on ESTA being issued. All online and electronic

[SalishSea 17,819]

4 hours ago, Lil bear said:

Country has no bearing on ESTA being issued. All online and electronic

Right, I meant  while the traveller was still abroad, vs upon arrival.