Don't need to do ESTA with AP, right?

[Manuela 0]

I will be traveling back to Switzerland soon, am I right to assume that since I have an advance parole that I do not have to fill in my information on the ESTA website?

I won't be using the VWP, but I'm also technically not using a visa anymore since my k1 has expired (I got married within 90 days, and I have sent off my AOS before 180 days accrued after entering the US on my k1, so I should not have accrued any unlawful presence since I filed for AOS on time). Then again I also need to fill in the white I94 on the way back with AP, and not a green one, so I really shouldn't need to do the ESTA thing.

I guess I am just a bit confused and want to make sure that everything will go smoothly, I am a bit worried that no one in Zurich will know what to do at check-in with an AP and my I485 notice and that they will tell me I should have done the ESTA thing. I couldn't find anything on the DHS ESTA faq http://www.cbp.gov/linkhandler/cgov/travel...tt/esta_faq.pdf they only talk about valid visas.

Has anyone here used AP yet coming back from a VWP country? Do I worry too much?

[Otto 83]

As far as I know - citizens of VWP countries will (still) need to do ESTA.

[Manuela 0]

I still can't find clarification on it on the CBP website, I will give them a call today though. I've submitted a question, but it said it'll take 2-3 months to come back to me with an answer.

People from VWP countries with a visa or a GC do not need to do ESTA, and I think somebody with AP falls somewhere between the bench, so I'll call them up and see what they can tell me, and if they can't tell me anything then I'll try that ESTA thing I guess. I'd have to laugh if they'd deny me though, since passport number and everything is saved in the system, so they know I haven't left the US since I entered.

[Manuela 0]

I think I'm worried for nothing. The ESTA is only for people that fit all of the following criteria:

* You are a citizen or eligible national of a Visa Waiver Program country.

* You are currently not in possession of a visitor's visa.

* Your travel is for 90 days or less.

* You plan to travel to the United States for business or pleasure.

(Taken directly from the ESTA page).

It's basically just an electronic version of the I94W, and I wouldn't be using that anyways with m AP.

Everything should be okay with a valid AP and my I485 notice, just as it was before when visitors did not have to register for ESTA.

[Manuela 0]

This is the answer I got from CBP:

My question:

Customer 01/20/2009 10:30 AM

Does somebody with a pending application for a green card/I-485 and a valid advance parole have to submit an application for ESTA?

It says on the FAQ for the ESTA that a green card holder or somebody with a valid visa does not need to do the ESTA application, but what about people on a K1 which has expired since their entry, but now they are going back to their VWP country to visit, and they have a pending application for a green card/I-485 and a valid/approved advance parole, will they have to do the ESTA application before their flight home?

Thank you for clarifying this situation!

Their Answer:

Response (Andrea) 01/27/2009 07:28 AM

You are correct, those persons who are pending LPR's or current LPR's or Current US Visa Holder DO NOT sign up for ESTA. In order for you to travel and return to the U.S., you will have your Valid Passport, and your Valid Advance Parole Document with your receipt that you filed for your change of status.