SB-1 Denied, Green Card Expired - Entry Help

[African Zealot 1,455]

Please also note that the Covid excuse is worn out now. The pandemic has been over a while. If it goes completely south and the put you into proceedings, have a better excuse.

 

Good luck!

[mnoo111 2]

9 hours ago, Mike E said:

The fact OP was denied ESTA is not material.

 

Both OP and the wife need to identify themselves as LPRs at the port of entry. If her gc is also expired, she is also subject to I-193.

Thank you for your responses. Are you suggesting that at the border my wife's ESTA is unlikely to get her across?

 

Just to add a bit more context, I need to travel to the US ASAP to visit some family and I no longer have any intention to actually move to the US so i'm open to relinqueshing my LPR status. From what I understand the options available to me are essentially the following:

 

A. File I-90 and travel to the US with an expired 10yr GC (assuming airline allows me to board)

B. Apply for a B1/B2 visa as an Australian (since ESTA was denied)

 

I have a few questions on the above:

• Given that time is an important factor for me, is Option A the best route of action?
• Just to clarify completely, I should be allowed to board the plane just with the receipt for the I-90 application to say that it is in process? I don't actually need to have had the extension confirmed?
• Is the outcome of my SB-1 application (denied) likely to have any impact on an I-90 application?
• If I have to go down the path of option B would I be required to file I-407 before applying for that visa?

Edited June 20, 2023 by mnoo111

[Mike E 11,739]

11 minutes ago, mnoo111 said:

you suggesting that at the border my wife's ESTA is unlikely to get her across?

At the port of entry, if she identifies herself as a visitor,  this is material misrepresentation.

 

Her ESTA is good for boarding a flight, nothing else. 

 

15 minutes ago, mnoo111 said:

I no longer have any intention to actually move to the US

Then why did you file SB-1?

 

19 minutes ago, mnoo111 said:

A. File I-90 and travel to the US with an expired 10yr GC (assuming airline allows me to board)

B. Apply for a B1/B2 visa as an Australian (since ESTA was denied)

 

A is the faster option, assuming B visa wait times are measured in months in Australia as they are in in most countries.

 

21 minutes ago, mnoo111 said:

Just to clarify completely, I should be allowed to board the plane just with the receipt for the I-90 application to say that it is in process? I don't actually need to have had the extension confirmed?

Airlines can legally board you with just your expired gc. Whether the airline also demands the electronic I-90 receipt or the paper receipt that  has the Statue of Liberty water mark depends on the the airline employee that checks you in. Airlines do not have to board you.

 

26 minutes ago, mnoo111 said:

Is the outcome of my SB-1 application (denied) likely to have any impact on an I-90 application?

I  am confused; you wrote:

 

27 minutes ago, mnoo111 said:

I no longer have any intention to actually move to the US so i'm open to relinqueshing my LPR status

Of so, why do you care if a failed SB-1 impacts your I-90 decision? 
 

28 minutes ago, mnoo111 said:

If I have to go down the path of option B would I be required to file I-407 before applying for that visa?

Again, why do you care?

 

[scomo 0]

On 6/21/2023 at 9:51 AM, Mike E said:

A is the faster option, assuming B visa wait times are measured in months in Australia as they are in in most countries.

 

Airlines can legally board you with just your expired gc. Whether the airline also demands the electronic I-90 receipt or the paper receipt that  has the Statue of Liberty water mark depends on the the airline employee that checks you in. Airlines do not have to board you.

So OP would just board the plane with an expired GC and I-90 receipt (assuming thats what his/her airline will require) and once they get to the border they can either:

 

A) file I-407 if they are happy to relinquish their LPR status and gain entry by paying/completing I-193 as they would likely have their visas waived being an AU resident

B) choose not to file I-407 and go through the process of attending court etc

 

Asking because I have a family member who is in a similar situation. Thanks.

[Mike E 11,739]

There is option “C”: CBP admits them as returning residents.

 

I’ve see enough of these that option B is the least likely.

[scomo 0]

18 hours ago, Mike E said:

There is option “C”: CBP admits them as returning residents.

Would OP still be eligible for this given their SB-1 application was denied?

[Boiler 45,451]

33 minutes ago, scomo said:

Would OP still be eligible for this given their SB-1 application was denied?

Yes

[Mike E 11,739]

2 hours ago, scomo said:

Would OP still be eligible for this given their SB-1 application was denied?

There are successful examples.

[mnoo111 2]

Hi all, thought I would provide an update for anyone else who might be in a similar situation, after having made it through the border and into the US.

 

Firstly, at the airport in Australia I was given my boarding pass no issues. The rep at the counter did spend some time speaking to his supervisor and to someone over the phone (not sure who this was as he was standing away from me, maybe CBP?) before issuing the boarding pass to me.

 

After arriving at LAX, I was asked why I travelled with an expired green card and no ESTA. Once I explained my situation I was taken for secondary screening, at this point the officer told me I shouldn't have travelled with an expired GC (even though the 2021 CBP document says that I can with a 10yr GC) and that he believes I have no intention to permanently settle in the US. He then provided me the documentation to fill out the I-407 form and told me to abandon my LPR over the coming weeks, which I intend on doing as I have no plans to ever settle in the US. After that he allowed me into the US as an LPR (no I-193 required).

 

Finally, with my wife who did receive her ESTA even though she never filed an I-407 so is technically still an LPR, they let her through with her ESTA no questions asked. They didn't even ask to see her GC.

 

Hope this helps someone else in the future.

[Mike E 11,739]

Congrats.

CBP broke several laws that day.