I-407 / Approved ESTA - Enter into US

[beloved_dingo 1,976]

35 minutes ago, Mike E said:

legally they cannot make you sign I-407

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?

 

 

Please withdraw your vow to lie to CBP.

The daughter is a U.S. Citizen with an expired U.S. Passport. 

[Mike E 11,739]

1 minute ago, beloved_dingo said:

The daughter is a U.S. Citizen with an expired U.S. Passport. 

So OP wants to compound the problem by misrepresenting the daughter as a non U.S. citizen. This is what can happen to U.S. citizens who claim to not be U.S. citizens at the port of entry:

 

https://web.archive.org/web/20200118025123/https://www.washingtonpost.com/nation/2019/07/23/francisco-erwin-galicia-ice-cpb-us-citizen-detained-texas/

[Boiler 45,466]

Well a US Citizen can not use the VWP or a Visa by definition. Now ESTA is neither and I cannot remember the questions. Wonder if they considered a USC applying when they set it up. A US Citizen will be allowed entry on an expired passport, now what the consequences are for the non Citizen parent I have no idea.

 

I have seen people being paroled in having filed a I 407, yet again I would be guessing what will happen here.

[TBoneTX 45,266]

1 minute ago, Boiler said:

A US Citizen will be allowed entry on an expired passport

In my last conversation with CBP, I was told that USCs can cross by land with an expired passport, but not by air.

[Boiler 45,466]

Just now, TBoneTX said:

In my last conversation with CBP, I was told that USCs can cross by land with an expired passport, but not by air.

In this case, well let's leave pre inspection out of it, they are there at the PoE having used ESTA to get there.

 

I prefer to keep things simple but it does get interesting when games are played.

[TBoneTX 45,266]

Just now, Boiler said:

it does get interesting when games are played

Certainly.  One thing that I've been told, over and over -- verbatim -- is:  "CBP thrives on the truth."

[Boiler 45,466]

I do not see an issue for the child.

 

Now the Mother, well it all depends, they certainly have the potential to really mess her up in all sorts of ways if they want to. Or they take the I 407, admit on the VWP and send her on her way. Tell her to renew the child's passport, cancel the ESTA. I think they admit etc is much more likely.

[Mike E 11,739]

1 hour ago, TBoneTX said:

In my last conversation with CBP, I was told that USCs can cross by land with an expired passport, but not by air.

A U.S. citizen who presents herself as such at any port of entry on U.S. soil, is going to be admitted unless the officer decides to violate the constitution. It might take several hours of secondary inspection, but legally that is what the courts have decided.

[Boiler 45,466]

I assume the issue would be getting on a plane with an expired passport 

[Redro 4,611]

Not sure if it is taking longer these days. But, I’ve known USCs to get their passports from an embassy in about 7 business days… I assume getting consent from the father isn’t an issue as they are going to the US to visit him. 

[Redro 4,611]

24 minutes ago, Redro said:

Not sure if it is taking longer these days. But, I’ve known USCs to get their passports from an embassy in about 7 business days… I assume getting consent from the father isn’t an issue as they are going to the US to visit him. 

Sorry… visit her mother. 
 

[Mike E 11,739]

33 minutes ago, Boiler said:

I assume the issue would be getting on a plane with an expired passport 

Correct. That is not happening.

[SalishSea 17,818]

9 hours ago, Kyley84 said:

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!

If your daughter is a USC, how can she travel on ESTA?

[SalishSea 17,818]

Entire process seems poorly planned if intention is to travel in two weeks.   You’re just making more problems for yourself, IMO.

[igoyougoduke 1,656]

11 hours ago, Kyley84 said:

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!

First step dont do this. A very very bad idea if things turn ugly

 

US citizens are required to use US passport to enter/exit US soil. 

 

ICE detention is no fun.  rebooking tickets is not the end of world