Abandoning green card application

[Qvint 0]

Hi!

 

Me and my family (wife and daughter, US citizens) and I’m from Scandinavia.

 

After a few months in the states we decided to stay. I contacted a lawyer and he recommended to overstay my Esta 90+ days, adjust status and file for the greencard application. 

 

It’s now been over 8 months since we applied, no words from Uscis. I got a emergency adcance parole so I could se my mother. Now my mother has cancer and we want to move back to Scandinavia. 

 

I wonder, if I tell the USCIS that I abandon my application - will I be able to re-enter the US on a esta in the future? I’m pretty sure one of the questions on the Esta is if you’ve overstayed any visas in the us before... my lawyer was not sure if I would.

 

Best!

 

Qvint

[Roel 7,191]

If you overstayed your ESTA even one day then you'll never be eligible for esta again. 

 

You'll need b2 visa yo to enter US. 

[Crazy Cat 39,177]

7 minutes ago, Qvint said:

will I be able to re-enter the US on a esta in the future?

What ESTA?  You overstayed.......you lost ESTA.

[Boiler 43,391]

Agree B2 will be needed.

[geowrian 22,335]

Yup, ESTA is no longer possible for you.

 

Also, your lawyer that advised you to overstay severely misguided you.

[Teemo 252]

28 minutes ago, Qvint said:

Hi!

 

Me and my family (wife and daughter, US citizens) and I’m from Scandinavia.

 

After a few months in the states we decided to stay. I contacted a lawyer and he recommended to overstay my Esta 90+ days, adjust status and file for the greencard application. 

 

It’s now been over 8 months since we applied, no words from Uscis. I got a emergency adcance parole so I could se my mother. Now my mother has cancer and we want to move back to Scandinavia. 

 

I wonder, if I tell the USCIS that I abandon my application - will I be able to re-enter the US on a esta in the future? I’m pretty sure one of the questions on the Esta is if you’ve overstayed any visas in the us before... my lawyer was not sure if I would.

 

Best!

 

Qvint

Agree with other people about ESTA, and it will be hard to get a B2 again as it will look like you are coming back to adjust status again. Also it doesn't sound like you want to PERMANENTLY move back to Scandinavia. Why don't you use your advance parole to travel there, come back here for at least your interview, then after you get your greencard if you want to be in Scandinavia apply for a re-entry permit that lets you live outside the country for up to 2 years (with some caveats)? Nothing here is meant to suggest abandoning ties here and therefore not really residing in the US but if you ever plan on living in the US in the next 2-3 years this is the way to go. 

 

Also get a new lawyer - he guided you to overstay and then he doesn't even know that an overstay means you can never use ESTA again. He seems bad at his job. 

Edited June 6, 2018 by Teemo

[Crazy Cat 39,177]

OP-  If you abandon your AOS, what are the chances the CO and CBP will even allow you to enter the US via a B2?  If you overstayed once, you will be an extremely high risk of doing the same next time.

[geowrian 22,335]

2 minutes ago, missileman said:

OP-  If you abandon your AOS, what are the chances the CO and CBP will even allow you to enter the US via a B2?  If you overstayed once, you will be an extremely high risk of doing the same next time.

The only way to know is to try, although yeah...a recent past overstay + recent AOS application is a strong signal of immigrant intent.

 

@Teemo's suggestion to re-enter via AP and get the green card then re-entry permit could work, although it also has a few caveats (and the I-131 fee + potential traveling to the US to file it and/or do biometrics) involved. That said, if one does not intend to live in the US permanently, a green card really isn't the best option IMO. It may give the OP more time to think it over, though.

Another option is to get the green card then formally abandon it abroad (I-407). That usually acts as a good sign of not having immigrant intent.

[Qvint 0]

Thanks for all the awnsers! 

 

We do not intend to move back to the US. I’m sure, but I really want to be able to come back to visit my wifes and daughters family! 

[Crazy Cat 39,177]

1 minute ago, Qvint said:

Thanks for all the awnsers! 

 

We do not intend to move back to the US. I’m sure, but I really want to be able to come back to visit my wifes and daughters family! 

Then you should abandon your AOS.  Green Cards are for living in the US.

[Qvint 0]

17 minutes ago, missileman said:

Then you should abandon your AOS.  Green Cards are for living in the US.

 

Yes, that I know but the question is how I can visit the US in the future.

 

[Jojo92122 1,924]

ESTA and the VWP are gone because you violated US immigration laws by overstaying.

 

Overstaying with a prior AOS attempt means you are unlikely to get a non-immigrant B-2 visa.

 

Your choice to overstay and then abandon AOS will have consequences; you will have an incredibly difficult time back to the US on a non-immigrant basis.  By abandoning the AOS, you will have accumulated more than 180 days of unlawful presence, so that means an automatic 3 years ban.  

Edited June 6, 2018 by Jojo92122

[Qvint 0]

8 minutes ago, Jojo92122 said:

ESTA and the VWP are gone because you violated US immigration laws by overstaying.

 

Overstaying with a prior AOS attempt means you are unlikely to get a non-immigrant B-2 visa.

 

Your choice to overstay and then abandon AOS will have consequences; you will have an incredibly difficult time back to the US on a non-immigrant basis.  By abandoning the AOS, you will have accumulated more than 180 days of unlawful presence, so that means an automatic 3 years ban.  

Does that mean I can get an Esta after 3 years? A three year ban would be fine, not for ever though...

[britishandusa 446]

6 minutes ago, Qvint said:

Does that mean I can get an Esta after 3 years? A three year ban would be fine, not for ever though...

No. You can NEVER get ESTA again. ESTA is gone forever for you. You can only get B2 which is a very slim chance. 

[Qvint 0]

1 minute ago, britishandusa said:

No. You can NEVER get ESTA again. ESTA is gone forever for you. You can only get B2 which is a very slim chance. 

Okay! Sounds promising.

 

would it increase my chances if I waited until my greencard arrived and then abandoned my greencard?