UK to USA then back to U.K., now denied ESTA?!

[Amylouisematz 0]

5 minutes ago, yuna628 said:

Poster is still an LPR are they not? If so would make sense that the ESTA is no longer valid, as the poster should *not* be using the VWP to travel back to the US, they should be coming and going as an LPR.

I thought that they would flag that I had left the US for over a year, thus nullifying my LPR. So coming and going I presumed I had to have an ESTA. I didn’t realise I had to formally abandon it with more paperwork. I had read before that your card is invalid to re enter USA if you have left for 6 months / one year. They simply won’t accept it....seems that isn’t the case! 

[Boiler 43,401]

The PoE do not have the authority, that would be a matter for an Immigration Judge.

[Wuozopo 4,285]

19 minutes ago, Amylouisematz said:

I had read before that your card is invalid to re enter USA if you have left for 6 months / one year. They simply won’t accept it....seems that isn’t the case! 

You might want to review what USCIS says https://www.uscis.gov/green-card/after-green-card-granted/international-travel-a-permanent-resident

[JFH 12,189]

27 minutes ago, Amylouisematz said:

I thought that they would flag that I had left the US for over a year, thus nullifying my LPR. So coming and going I presumed I had to have an ESTA. I didn’t realise I had to formally abandon it with more paperwork. I had read before that your card is invalid to re enter USA if you have left for 6 months / one year. They simply won’t accept it....seems that isn’t the case! 

But how would they know? There is no exit immigration procedure. Visitors on a limited-time stay only come under the radar of ICE and others when there is no passenger departure record to show they left the country. Since LPRs and USCs can come and go freely and go on as many holidays as they wish, there is no “flagging”, per se. All they can is ask how long you have been gone and what you were doing out of the country and if it appears that you are not living in the US they will turn your case over to an immigration judge. The CBP bods at the airport cannot make the decision whether you have abandoned residency or not. 

[Lil bear 3,831]

41 minutes ago, Amylouisematz said:

It was ARC. I brought it with me “just in case”, but had read before that once you leave for over 6 months your GC is then invalid. So when visiting after well over a year, I didn’t think there would be any issues-and there weren’t! I think this is because my card hadn’t expired-but the ESTA did not authorise me to visit. Am really hoping that once it gets abandoned formally, the ESTA process will be nice and easy and approved! 🤞🏻

We abandoned our first GC in 1990 after 10 years in the US. I surrender it at our local US consulate using I407, my husband surrendered it at POE one visit and was entered as VWP.  Between then and 2016 , we entered 20+ times on VWP then ESTA.  No problems at all, once you are no longer in the USCIS system as an LPR 

[mushroomspore 3,043]

1 hour ago, Amylouisematz said:

I thought that they would flag that I had left the US for over a year, thus nullifying my LPR. So coming and going I presumed I had to have an ESTA. I didn’t realise I had to formally abandon it with more paperwork. I had read before that your card is invalid to re enter USA if you have left for 6 months / one year. They simply won’t accept it....seems that isn’t the case! 

These things aren't automatic and instantaneous. Border patrol is a different separate agency from USCIS, even though they share info. You have to fornally relinquish your LPR status first or face an immigration judge. So long as your physical card is unexpired, there's a chance they will let you back in. But that chance diminishes the longer you are away. Once LPR status is relinquished, you should be fine to visit as a tourist/visitor.

[SusieQQQ 11,584]

2 hours ago, Amylouisematz said:

It was ARC. I brought it with me “just in case”, but had read before that once you leave for over 6 months your GC is then invalid. So when visiting after well over a year, I didn’t think there would be any issues-and there weren’t! I think this is because my card hadn’t expired-but the ESTA did not authorise me to visit. Am really hoping that once it gets abandoned formally, the ESTA process will be nice and easy and approved! 🤞🏻

From your description above you were admitted as a green card holder.

[ElDiablo 95]

2 hours ago, Amylouisematz said:

I thought that they would flag that I had left the US for over a year, thus nullifying my LPR. So coming and going I presumed I had to have an ESTA. I didn’t realise I had to formally abandon it with more paperwork. I had read before that your card is invalid to re enter USA if you have left for 6 months / one year. They simply won’t accept it....seems that isn’t the case! 

Maybe try reading official sources instead of wherever you read that wrong information.

[Lil bear 3,831]

2 hours ago, Amylouisematz said:

I thought that they would flag that I had left the US for over a year, thus nullifying my LPR. So coming and going I presumed I had to have an ESTA. I didn’t realise I had to formally abandon it with more paperwork. I had read before that your card is invalid to re enter USA if you have left for 6 months / one year. They simply won’t accept it....seems that isn’t the case! 

That is not how it works , no. The information about how it does work has been given in the replies so far. Lots of “ information “ circulates anecdotely that just isn’t correct. 

step 1. Make an appt and Visit the US consulate with ID(passport) plus  GC, complete the I407 and ask how long it will take to get into the system 

Step 2  apply for an ESTA. You have never been denied an ESTA as you have not been eligible. 

Step 3. Travel and enjoy 😁

[HRQX 4,145]

On 7/28/2019 at 11:54 AM, Lil bear said:

 Step 2  apply for an ESTA.

Should OP interpret the following ESTA question literally (re: K-1 I-94 date)? "Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?"

Edited July 30, 2019 by HRQX

[Mollie09 1,543]

7 minutes ago, HRQX said:

Should OP interpret the following ESTA question literally (re: K-1 I-94 date)? "Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?"

Meaning what? Once they applied for AOS they were granted leave to stay in the US until the petition was adjudicated, so the answer is still "no" based on what we know.

[HRQX 4,145]

5 minutes ago, Mollie09 said:

Meaning what? Once they applied for AOS they were granted leave to stay in the US until the petition was adjudicated, so the answer is still "no" based on what we know.

"Authorized stay" isn't an extension of the I-94 nor an immigration status. If the question is to be answered literally, then the answer is "yes."

Edited July 30, 2019 by HRQX

[arken 4,197]

9 minutes ago, HRQX said:

Should OP interpret the following ESTA question literally (re: K-1 I-94 date)? "Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?"

Yes, only if AOS was filed beyond the 90 days of K-1 admission. 

[HRQX 4,145]

17 minutes ago, HRQX said:

Should OP interpret...

Further discussion about the ESTA question: https://www.visajourney.com/profile/251538-geowrian/?status=286030&type=status

[geowrian 22,335]

Moving the quote here (I like a clean profile ).

 

"Regarding the thread above, do K-1 AOS applicants answer "Yes" to "Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?" on a future ESTA application?"

Quote

In a literal reading of the question, I would say "yes". The admission period is the period for which you were granted at the time of admission, although it can be retroactively extended via a timely filed and approved EOS/COS (not that this applies to K-1 anyway...).

 

I would need to look into the nuances of the VWP itself to see if it is actually an ineligibility for the VWP or not. I know any accrual of unlawful presence makes you ineligible, but I'm not certain if it only applies to unlawful presence or any stay beyond the admission period. Although this is kinda a theoretical question now, as answering "Yes" is probably going to result in a denial of the ESTA, so the VWP itself isn't usable unless you have some other way to get to the border already.

 

That's my literal interpretation of the question exactly as asked (it does not refer to unlawful presence, which is a different question). The practical implications may be different.

Edited July 30, 2019 by geowrian