Green Card Holder - Denied Entry After One Year Overseas?

[MikeMinusWife 42]

Hi All,

 

my wife was issued with a Green Card 2 years ago and due to COVID and associated changes to our personal circumstances we left the US and returned to live in the UK almost immediately after taking up residence in the US.  So we have been living overseas now for 2 years with no return visits.  We do however still maintain a U.S. mailing address and we file tax returns etc.  I now need to return to the US for a business trip (not a problem for me as a US citizen) but my wife would like to come out with me for a week, so it’s just a vacation for her to be honest.  The question is, would she be denied entry by US immigration for being out of the country for more than a year and is the only option to go through the lengthy SB-1 read missions process which would involve fees and interviews at the consulate?  Seems excessive when a non-resident can get an ESTA so easily.

 

Any advice appreciated.

[Boiler 45,445]

Does you wife wish to be a Legal Permanent Resident of the US, the way you wrote your post it seems she does not.

 

What her intentions are will determine the response.

Edited June 22, 2023 by Boiler

[pushbrk 12,870]

3 minutes ago, Boiler said:

Does you wife wish to be a Legal Permanent Resident of the US, the way you wrote your post it seems she does not.

 

What her intentions are will determine the response.

Correct. If only a visit is intended, no reason I can think of why she can't "visit" using ESTA.  She's a UK citizen, right?

 

[Dashinka 24,480]

6 minutes ago, pushbrk said:

Correct. If only a visit is intended, no reason I can think of why she can't "visit" using ESTA.  She's a UK citizen, right?

 

Can a US LPR get an ESTA without filing the I407 first?  I agree the way the OP wrote the post it does not appear that they want to live in the US permanently at this time.  Why not come with the GC, and if hassled at CBP and the plan is to not stay permanently sign the I407 at the border and attempt to get a 10 yr B2?

[powerpuff 6,680]

~~ Topic moved from CR1/IR1 spousal visa forum to Working & Traveling during US Immigration ~~
 

35 minutes ago, Dashinka said:

Can a US LPR get an ESTA without filing the I407 first?  I agree the way the OP wrote the post it does not appear that they want to live in the US permanently at this time.  Why not come with the GC, and if hassled at CBP and the plan is to not stay permanently sign the I407 at the border and attempt to get a 10 yr B2?

this persons spouse got her ESTA approved while technically being LPR. I think it’s worth applying and seeing what happens 

[Dashinka 24,480]

2 hours ago, powerpuff said:

~~ Topic moved from CR1/IR1 spousal visa forum to Working & Traveling during US Immigration ~~
 

this persons spouse got her ESTA approved while technically being LPR. I think it’s worth applying and seeing what happens 

Yeah, that was interesting, and in that case, they were planning on coming back to the US to stay.  Regardless, I thought might have been a fluke, or maybe the system was never set up for instances where an LPR would apply.

Edited June 22, 2023 by Dashinka

[powerpuff 6,680]

31 minutes ago, Dashinka said:

Yeah, that was interesting, and in that case, they were planning on coming back to the US to stay.  Regardless, I thought might have been a fluke, or maybe the system was never set up for instances where an LPR would apply.

Oops. I think my link didn’t paste correctly. Agreed, definitely out of the norm. 

[Mike E 11,739]

5 hours ago, MikeMinusWife said:

The question is, would she be denied entry by US immigration for being out of the country for more than a year

LPRs cannot be denied entry.

 

5 hours ago, MikeMinusWife said:

and is the only option to go through the lengthy SB-1

SB-1 is a waste of time in most cases, and likely will be in this case.

 

I do not understand the advice to apply for ESTA. 
 

Just board the flight to the U.S. with the gc and present the gc at the port of entry. These are the possible outcomes:

 

* admitted as a returning resident

 

* admitted as an arriving alien and is given  a notice to appear. 

 

* voluntarily signs I-407 and is admitted under I-193 (fee might or might not be assessed) 

 

The option she should reject:

* voluntarily signs I-407 and is denied entry. 

 

Even if she managed to successfully get ESTA, if she presents herself as anything other than an LPR to CBP, she is misrepresenting. This makes the advice to apply for ESTA even more puzzling. 

[MikeMinusWife 42]

Thanks for all the responses, a couple of responses.

 

We applied for an ESTA and it was denied, so now she has an ESTA refusal on her record, I’m sure that isn’t good.

 

We have no intention to permanently relocate to the US for the foreseeable future, we just want to visit occasionally.

 

We decided to go ahead and book the flights but as a precaution we chose JFK as the port of entry only because it’s the easiest place to return to the UK from should the worst happen.  To be honest it feels very strange to be worrying about potential deportation while in possession of a valid GC when countless thousands of Brits pay £21 online for an ESTA and off they go.  But here we are 😬

[OldUser 6,608]

4 hours ago, MikeMinusWife said:

We applied for an ESTA and it was denied, so now she has an ESTA refusal on her record, I’m sure that isn’t good.

 

That's unfortunate. Now, even if she gives up LPR status officially, she cannot get ESTA ever again and would have to go through much more difficult B1 / B2 visa process.

[Mike E 11,739]

5 hours ago, MikeMinusWife said:

To be honest it feels very strange to be worrying about potential deportation while in possession of a valid GC when countless thousands of Brits pay £21 online for an ESTA and off they go.  But here we are

She signed uo for this when she applied for a gc: she agreed to live in the U.S. 

 

There were plenty of opportunities for her to file I-407 after she abandoned her LPR status. She then could have attempted to get ESTA, and if that failed, got in the (long) line for a B visa.

 

TBH, except for LPRs who are were forced as minors to leave by their parents, I never understand why a non citizen goes through all that trouble to get a gc, and then tosses a privilege that millions are waiting to get. 
 

Nothing, and that includes ailing family, would cause me to abandon my LPR privilege. And I managed the end games of my father, mother, and brother, cremated them, settled their estates, etc while still spending most of my time in the U.S.  

5 hours ago, MikeMinusWife said:

as the port of entry only because it’s the easiest place to return to the UK from should the worst happen.

She cannot be denied entry.

 

1 hour ago, OldUser said:

That's unfortunate. Now, even if she gives up LPR status officially, she cannot get ESTA ever again and would have to go through much more difficult B1 / B2 visa process.

What is the evidence that she cannot get ESTA ever?  

[powerpuff 6,680]

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

[Ontarkie 14,216]

~~Post spamming the forums has been removed. If you have a question about your own case please start your own thread. Do not post that question more than once.~~

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