I-407 / Approved ESTA - Enter into US

[Kyley84 11]

Hi all,

 

Am i in a muddle.

 

I received an I-551 in March 22 (3 years after having my conditional approved but the backlog was long), unfortunately i got divorced 4 months after and on 07/20/22 l returned back to the UK permanently so my daughter and I could be close to famly. I have a flight booked in 2 weeks to travel back to the US so my daughter can visit her mother, and it appears i have not got all my eggs in a row perhaps.

 

My original plan was for my daughter and I to enter on an ESTA (my daughter has a UK and US passport, but her US passport is expired), but was reading my ESTA would likely not be approved.... Thankfully our ESTAs were approived today!! I still have some quesrtions however:

 

1. I plan to abandon my greencard (I-407) at the port of entry (i've heard this is the quickest and cleanest solution rather than posting it off to the US, and consequently if the CBP has issues with GC i don't have it on my person to reliquish). Will i have to pay the fee for form I-193 ($585) if i have a valid UK passport and approved ESTA?
2. If i will have to pay the fee is it better to keep quiet and try to simply get through on my UK Passport / ESTA and then mail I-407 once im in the country?
3. Is there a risk /scneario of not being allowed in the US with an approved ESTA and a GC where i have been out the country 358 days, however with the plan to abandon there and then if required?

 

Thank you!

[Mike E 11,739]

1. Unlikely

 

2. Bad idea to lie about your LPR status

 

3. The only way to guarantee entry is to not sign I-407

 

[Kyley84 11]

 

5 minutes ago, Mike E said:

1. Unlikely

 

2. Bad idea to lie about your LPR status

 

3. The only way to guarantee entry is to not sign I-407

 

 

Thanks Mike, i am glad you repleid as searching back old posts you seem the most knowledable on this subject.

 

My permanent residence is the UK, its clean cut. So i do want to abondon my GC at the PoE. Am i safe to do so considering i have a valid UK passport and ESTA and i will be allowed in the country on the conditions of my ESTA?

 

Much appreciated.

Edited July 5, 2023 by Kyley84

[Mike E 11,739]

3 minutes ago, Kyley84 said:

will be allowed in the country on the conditions of my ESTA?

 

3 minutes ago, Kyley84 said:

 

The only way to guarantee entry is to not sign I-407

 

Edited July 5, 2023 by Mike E

[Kyley84 11]

Quote

The only way to guarantee entry is to not sign I-407

 

Sorry for going round in circles, this is where i am a little confused!

 

As you state (and i agree) i should be thruthful about wanting to abandon my GC. But there's a scenario they make me sign the I-407 and then turn me around to the UK with my 5 yr old daughter even when we both have valid UK passports and ESTAs (The stay is for a 2 week holiday)? It naturally just makes me want to enter with my UK passport and ESTA and hope the CBP doesn't question why i have been out the country for a year with a GC.

 

Just trying to prepare myself for the relevant scenarios and what i can do!

 

Thanks.

[OldUser 6,640]

31 minutes ago, Kyley84 said:

But there's a scenario they make me sign the I-407 and then turn me around to the UK with my 5 yr old daughter even when we both have valid UK passports and ESTAs (The stay is for a 2 week holiday)?

Yes, there's possiblity of that.

Your daughter shouldn't have gotten ESTA since she's a US citizen. You shouldn't have gotten ESTA since you're still and LPR.

 

Also, even if this was a regular ESTA scenario (you weren't a LPR, your daughter wasn't a US citizen), it's always a discretion of CBP whether to let you into the US. With ESTA /visa you simply don't have the same rights as LPR / US citizen.

[M+K IL 102]

2 hours ago, Kyley84 said:

My original plan was for my daughter and I to enter on an ESTA (my daughter has a UK and US passport, but her US passport is expired)

You should probably get an emergency passport made if there's no time to get a regular one made - US citizens need to enter and leave on US passports

 

https://law.stackexchange.com/a/17967

[Kyley84 11]

1 minute ago, OldUser said:

Yes, there's possiblity of that.

Your daughter shouldn't have gotten ESTA since she's a US citizen. You shouldn't have gotten ESTA since you're still and LPR.

 

Also, even if this was a regular ESTA scenario (you weren't a LPR, your daughter wasn't a US citizen), it's always a discretion of CBP whether to let you into the US. With ESTA /visa you simply don't have the same rights as LPR / US citizen.

 

Thanks, the reason i got my daughter an ESTA is her US passport expired in Dec 22, but she had a valid UK passport. I did input her expired US passport into the ESTA application to be transparent and i am bringing it with me.

 

Whats the best plan of action then?

 

1. Just try to enter with my GC despite being out of the country for a year and 2 days (and the fact the UK is our permanent home) and hope the CBP doesn't question it. I then send off my I-407 once in the US.

2. Present my GC and state i want to voluntarily abandon and ask for a multi year b visa?

3. Present my GC and state i want to vounatarily abandon and ask that i enter with our UK passports and ESTAs?

4. Present my GC and refuse to sign anything, and i believe they can't refuse my entry?

5. Just keep quiet and enter with UK passports and ESTAs and don't bring up the GC?

 

Thank you.

[Kyley84 11]

4 minutes ago, M+K IL said:

You should probably get an emergency passport made if there's no time to get a regular one made - US citizens need to enter and leave on US passports

 

https://law.stackexchange.com/a/17967

 

She's also a UK citizen though with a valid UK passport. It's what we left with last July. This is becoming more confusing...

[OldUser 6,640]

9 minutes ago, Kyley84 said:

 

She's also a UK citizen though with a valid UK passport. It's what we left with last July. This is becoming more confusing...

Correct, but dual citizenship doesn't let you choose your nationality to present selectively when you visit countries of your citizenship.

 

E.g. you will be percieved by authorities as a US citizen in US, despite having UK passport. You will also be perceived a UK citizen by British authorities when coming to the UK despite of US citizenship.

 

In third country (say Germany), you choose whether to present yourself as British or American.

 

[Kyley84 11]

2 minutes ago, OldUser said:

Correct, but dual citizenship doesn't let you choose your nationality to present selectively when you visit countries of your citizenship.

 

E.g. you will be percieved by authorities as a US citizen in US, despite having UK passport. You will also be perceived a UK citizen by British authorities when coming to the UK despite of US citizenship.

 

In third country (say Germany), you choose whether to present yourself as British or American.

 

 

Ok well i fly out in 2 weeeks and i read that US citizens can't be denied entry. So i simply have to explain the situation to the CBP and worse case i will need to go to the secondary area to explain? I mean she is 5.

[OldUser 6,640]

16 minutes ago, Kyley84 said:

1. Just try to enter with my GC despite being out of the country for a year and 2 days (and the fact the UK is our permanent home) and hope the CBP doesn't question it. I then send off my I-407 once in the US.

Yes that's the route I would have picked. Now since you applied for ESTA it may not be as seamless. You may be put in secondary upon arrival (other forum members can correct me).

 

18 minutes ago, Kyley84 said:

2. Present my GC and state i want to voluntarily abandon and ask for a multi year b visa?

CBP cannot issue visas AFAIK. 

21 minutes ago, Kyley84 said:

3. Present my GC and state i want to vounatarily abandon and ask that i enter with our UK passports and ESTAs?

As far as I understand, neither your nor your daughter's ESTAs are valid. You did not qualify for them.

25 minutes ago, Kyley84 said:

4. Present my GC and refuse to sign anything, and i believe they can't refuse my entry?

Same answer as #1

 

26 minutes ago, Kyley84 said:

5. Just keep quiet and enter with UK passports and ESTAs and don't bring up the GC?

Same answer as #3

 

Good luck!

[OldUser 6,640]

11 minutes ago, Kyley84 said:

 

Ok well i fly out in 2 weeeks and i read that US citizens can't be denied entry. So i simply have to explain the situation to the CBP and worse case i will need to go to the secondary area to explain? I mean she is 5.

Yes, my understanding is your daughter cannot be denied entry. You also cannot be denied entry as LPR. Though, I believe, if you sign I-407, CBP has no obligation to let you into the US. 

Edited July 5, 2023 by OldUser

[OldUser 6,640]

What's the long term plan? Your daughter will be able to live in the US any point of her life, but you will have to go through long process again if were ever to join her.

[Mike E 11,739]

2 hours ago, Kyley84 said:

But there's a scenario they make me sign the I-407

legally they cannot make you sign I-407

2 hours ago, Kyley84 said:

and then turn me around to the UK with my 5 yr old daughter even when we both have valid UK passports and ESTAs (The stay is for a 2 week holiday)?

Your passport and ESTA is not a guarantee you will be granted entry after you file I-407. Only your gc is that guarantee.

 

Does your daughter have a gc?

 

2 hours ago, Kyley84 said:

It naturally just makes me want to enter with my UK passport and ESTA and hope the CBP doesn't question why i have been out the country for a year with a GC.

 

Please withdraw your vow to lie to CBP.