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ajhigh

Am I eligible for ESTA after relinquishing green card?

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Filed: AOS (pnd) Country: Australia
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Someone asked a similar question but didn't want to hijack their thread...

 

I hold a ten year green card based on marriage, however our family has moved to New Zealand (I'm Australian). Accordingly, I need to surrender my green card - I am aware that the presumption of abandonment of residence does not arise unless we are out of the country for more than 6 months at a time, but regardless of whether the presumption arises, we have actually abandoned our US residence and accordingly I believe I am required to relinquish. 

 

Assuming that is the case (I still need to look into how to do this - I've just had to withdraw my N400 application and haven't made it to step 2, abandoning the green card), am I going to be eligible to travel to the US for family visits using ESTA? Or will the fact that I've previously had an intention to immigrate mean that I will be automatically denied ESTA?

 

I've never been denied a visa or entrance, and have complied with all laws/conditions of entry. 

 

If I'm not eligible for ESTA, I will apply for a tourist visa, but I hope I don't have to do that, because there is no consulate near me and it means I have to plan my trips back to the US to visit family much more in advance...

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4 hours ago, ajhigh said:

Someone asked a similar question but didn't want to hijack their thread...

 

I hold a ten year green card based on marriage, however our family has moved to New Zealand (I'm Australian). Accordingly, I need to surrender my green card - I am aware that the presumption of abandonment of residence does not arise unless we are out of the country for more than 6 months at a time, but regardless of whether the presumption arises, we have actually abandoned our US residence and accordingly I believe I am required to relinquish. 

 

Assuming that is the case (I still need to look into how to do this - I've just had to withdraw my N400 application and haven't made it to step 2, abandoning the green card), am I going to be eligible to travel to the US for family visits using ESTA? Or will the fact that I've previously had an intention to immigrate mean that I will be automatically denied ESTA?

 

I've never been denied a visa or entrance, and have complied with all laws/conditions of entry. 

 

If I'm not eligible for ESTA, I will apply for a tourist visa, but I hope I don't have to do that, because there is no consulate near me and it means I have to plan my trips back to the US to visit family much more in advance...

There’s a form to formally relinquish your green card.

if you can’t get an ESTA for whatever reason, given your circumstances you’d probably get a 10-year multiple entry visa anyway so it would likely only be one hassle of a consular visit, not every time you want to go.

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Filed: K-1 Visa Country: Wales
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I 407

 

Having had a GC does not preclude you from using the VWP.

 

Your statement out maintaining residency is not quite right but also not relevant to the issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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  • 4 weeks later...
Filed: AOS (pnd) Country: Canada
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On 4/24/2018 at 4:34 PM, Dee elle said:

We relinquised our GC after 9 years in the US.. successfully visited the US for the next 25 years using VWP and ESTA before appplying for IR5 visas to immigrate again 

That's a wild story. What made you give up your GC after 9 years rather than naturalizing?

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