Left for good the USA in the end of 2019 and returning as a tourist for 1 week with ESTA

[SweetJuls 69]

Hello everyone,

 

So as I wrote in the title of this thread, I got a divorce and left the USA in late 2019 to return my home country. 
I am returning as a tourist to visit NY with my sister in April 2024, now I have no desire of course to remain, but my question rose regards of the ESTA visa since I am an Italian citizen and ESTA was already approved online, just wondering can I just go ahead and use that to enter normally the States, or do I need to bring any extra documentation because of the fact I was a permanent resident once? 

How does it work?

 

Thank you to anyone who will reply.  

[Sparkle Sparkle 914]

Bring your GC with you, enter with your esta and be prepared to answer questions. When you left permanently in 2019, did you notify immigration or anyother relevant authority ? 

[OldUser 6,976]

Did you file I-407 when you left the US?

When did you apply for ESTA? When you applied for it, was there a question about LPR status?

Edited January 14 by OldUser

[Boiler 45,730]

I 407 means you surrendered your GC

[SweetJuls 69]

So, thank you both for quick reply. 

I did some researches after your answers... always so complicated.

 

So on my ESTA LPR status none, but actually there was this question 

"Have you ever been a citizen or national of any other country?" which I replied NO, because I have never been citizen of the USA. 

 

But that's the only question about anything of that sort. I think it's right? Maybe you have more expertise.

 

Secondly, I have not filed I-407 as I just discovered that needed to be done. Do you guys know if I go directly in the US Embassy if they would accept an appointment to speed up that? 😕  Any idea of the cost?

 

Thank you again

 

---

 

[OldUser 6,976]

4 minutes ago, SweetJuls said:

So, thank you both for quick reply. 

I did some researches after your answers... always so complicated.

 

So on my ESTA LPR status none, but actually there was this question 

"Have you ever been a citizen or national of any other country?" which I replied NO, because I have never been citizen of the USA. 

 

But that's the only question about anything of that sort. I think it's right? Maybe you have more expertise.

 

Secondly, I have not filed I-407 as I just discovered that needed to be done. Do you guys know if I go directly in the US Embassy if they would accept an appointment to speed up that? 😕  Any idea of the cost?

 

Thank you again

 

---

 

I'd do it at the time of entry to the US. Be prepared that you may be denied entry when you give up LPR status, since tourist entry is a CBP discretion. 

Edited January 14 by OldUser

[SweetJuls 69]

Would they deny me although I could bring proof of work and rent back home, including hotel booking, return flight and all that kind of documentation? yikes.

[OldUser 6,976]

34 minutes ago, SweetJuls said:

Would they deny me although I could bring proof of work and rent back home, including hotel booking, return flight and all that kind of documentation? yikes.

I'm not saying they'll deny you 100%. But CBP can deny any tourist from entering the US, they have the right to. You should definitely bring some documentation with you.

Edited January 14 by OldUser

[SweetJuls 69]

I know, and spending a lot of money with the uncertainty to be granted...not sure 😕 ufff 

Edited January 14 by SweetJuls

[SweetJuls 69]

1 minute ago, OldUser said:

I'm not saying they'll deny you 100%. But CBP can deny any tourist from entering the US, they have the right to.

I know, and spending a lot of money with the uncertainty to be granted...not sure 😕 ufff 

[Boiler 45,730]

There is never guarantee but you have not mentioned anything that is likely to cause issue

[Family 4,064]

Complete the I-407 and contact the US embassy as well as the Rome CBP office. 
Make some calls and follow up e emails to each to create a record . 
 

There is no fee to file ..but you risk being denied entry otherwise .. . Not worth flying under the radar or facing secondary and a barrage of questions and peekaboos on how /why you got LPR in the 1st place

https://www.uscis.gov/i-407

 

In very rare circumstances, a USCIS international field office or U.S. embassy or U.S. consulate without a USCIS international field office may allow you to submit a Form I-407 in person if you need immediate proof that you have abandoned your LPR status. The most common need for an expedited application is to apply for an A or G visa. You may also submit Form I-407 to a U.S. Customs and Border Protection officer at a U.S. port of entry.

 

https://it.usembassy.gov/embassy-consulates/rome/sections-offices/dhs/cbp/#:~:text=The CBP office in Rome,the Mediterranean and Middle East.

The CBP office in Rome serves Italy and the surrounding countries in the Mediterranean and Middle East

[harry.st 62]

On 1/14/2024 at 8:21 PM, SweetJuls said:

I know, and spending a lot of money with the uncertainty to be granted...

 

If you want absolute certainty... just don't sign an I-407. Even if they ask you at the airport - just say no. They have to let you in.  If you do not relinquish yourself your Green Card, via an I-407, only a judge can take it away from you. The border officer cannot deny you entry.

 

Now, they will probably give you a notice to appear before a judge. If you do not show up (because, say, you are back in Italy), then you will lose your green card (of course you may file an I-407 yourself, before the court date).

 

So, for this trip you, yourself, are fine, pulling the green-card card (ha!) (of course they may get pissed and deny your sister - do not know how likely this is, though). For future trips you will need an ESTA. Because you have a "history" with them, they may not give you one and tell you "go to the consulate and get a visa, please".  Which may be denied, too... but unlikely, as you did not do anything egregious, really...

 

---------------------------

 

You should be fine w/ an ESTA, this time (and in the future), though. And if they start questioning things at the airport, and ask you to sign an I-407, and you want to be a good girl, just tell them "I will sign, if you promise to let me in" (something that the consulate in Italy cannot do). I do not see why they will have a problem.

Edited January 16 by harry.st