ESTA after green card surrender

[Crazy Cat 39,559]

3 minutes ago, ClareHan said:

What if I can't return right now or anytime too soon. I have mental health problems.  That's what stopped me returning. Can we start the spousal visa process without me surrendering my green card or do I have to surrender it first?

No, you cannot start the spousal visa process if you have a green card.   How long do you think it will be before you can return to the US?

[ClareHan 0]

1 minute ago, Lucky Cat said:

No, you cannot start the spousal visa process if you have a green card.   How long do you think it will be before you can return to the US?

I just dont know. And I'm terrified of returning after the one year point and being detained by CBP. That's why I didnt return right now at the last minute. 

[Lil bear 3,842]

2 hours ago, ClareHan said:

I just dont know. And I'm terrified of returning after the one year point and being detained by CBP. That's why I didnt return right now at the last minute. 

As suggested previously .. maybe the best thing is to stop stressing about the green card and one year. If you aren’t well enough to travel now then focus on getting well first then deal with when where and how. What is your husbands position on the relationship ? Has he come to see you at all in the last 12 months ? What is he trying  to do to make it work for the two of you to be together ? It’s not all on you .. marriage is a partnership .. he’s got a role too !!! 

[TreasureHunt 7]

7 hours ago, ClareHan said:

What if I can't return right now or anytime too soon. I have mental health problems.  That's what stopped me returning. Can we start the spousal visa process without me surrendering my green card or do I have to surrender it first?

You should try SB-1. Try to get documentation about your mental health problems, and apply for SB-1. They might show you leniency and let you come back as returning resident. Do not surrender your green card. Don't forget to file your income taxes.

 

From State Dept Website:

 

Required Documentation

When applying for a Returning Resident (SB-1) immigrant visa, you should submit the following forms and documents to the U.S. Embassy or Consulate where you will apply:

• A completed Application to Determine Returning Resident Status, Form DS-117
• Your Permanent Resident Card, Form I-551
• Your Re-entry Permit, if available

You must also submit supporting documents that show the following:

• Dates of travel outside of the United States (Examples: airline tickets, passport stamps, etc.)
• Proof of your ties to the United States and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the United States)
• Proof that your protracted stay outside of the United States was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, etc.)

[ClareHan 0]

16 minutes ago, TreasureHunt said:

You should try SB-1. Try to get documentation about your mental health problems, and apply for SB-1. They might show you leniency and let you come back as returning resident. Do not surrender your green card. Don't forget to file your income taxes.

 

From State Dept Website:

 

Required Documentation

When applying for a Returning Resident (SB-1) immigrant visa, you should submit the following forms and documents to the U.S. Embassy or Consulate where you will apply:

• A completed Application to Determine Returning Resident Status, Form DS-117
• Your Permanent Resident Card, Form I-551
• Your Re-entry Permit, if available

You must also submit supporting documents that show the following:

• Dates of travel outside of the United States (Examples: airline tickets, passport stamps, etc.)
• Proof of your ties to the United States and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the United States)
• Proof that your protracted stay outside of the United States was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, etc.)

I was advised in another thread that sb-1 is unlikely to be successful. 😢

[ClareHan 0]

.If I book a ticket and go back tomorrow 14th October it will be exactly one year since I left. I left 14th October 2019. Will this count as returning within one year?

 

I dont know what to do.

If I surrender my green card I can do the spousal visa but everyone is telling me not to surrender my green card.

Edited October 13, 2020 by ClareHan

[Duke & Marie 1,389]

38 minutes ago, ClareHan said:

.If I book a ticket and go back tomorrow 14th October it will be exactly one year since I left. I left 14th October 2019. Will this count as returning within one year?

 

I dont know what to do.

If I surrender my green card I can do the spousal visa but everyone is telling me not to surrender my green card.

I’d do what @TreasureHunt said.. and apply for re-entry permit 

[ClareHan 0]

50 minutes ago, Duke & Marie said:

I’d do what @TreasureHunt said.. and apply for re-entry permit 

People told me in another thread I have very little chance of success with applying for a re-entry permit.

I dont know what is best, apply for re-entry permit or surrender green card and apply for spousal visa. I think I'm going to call an immigration lawyer.

I couldn't return on time because of my mental health problems, it wasnt just a case of being disorganized. 

Thanks for the help everyone, I'm incredibly upset over this. 

[Boiler 43,681]

Being approved for ESTA should be simple with a filed I 407 assuming there is no overstay etc in your past.

 

Entering on the VWp with a history might involve secondary, bit assuming we are talking about a regular visit should not be an issue, people who have problems are the ones with 90 day multiple stays, turning up with excessive luggage etc etc.

[Mike E 11,725]

Stop stressing.  
 

As long as you have a ten year green card, whether it has expired or not, you can come back whenever you want.  
 

The longer you wait, the more likely you will be questioned by CBP.  The more likely you will be pressured to relinquish your LPR status, and the more likely you will be given a notice to appear In court to defend your LPR status.  
 

Given a choice between resisting some pressure upon entry and redoing the entire immigration process, I would do the former.  
 

Due to Covid at least one CBP Officer who moderates the askimmigration sub reddit says the CBP isn’t giving people who return after a year much hassle.  
 

But do think about coming back this year.  

[mushroomspore 3,043]

9 hours ago, ClareHan said:

.If I book a ticket and go back tomorrow 14th October it will be exactly one year since I left. I left 14th October 2019. Will this count as returning within one year?

 

I dont know what to do.

If I surrender my green card I can do the spousal visa but everyone is telling me not to surrender my green card.

I'm gonna be blunt. You need to stop asking and start making your final decision/plan. We can't tell you what will happen. We can only make educated guesses. They are probably going to be more lenient than usual due to COVID. The timeline issue is not a hard and fast rule. It is up to the discretion of the individual CBP officer to ask a lot of questions or not. You won't know until you get here. The only fact that we can say for sure is that after you surrender your green card, you will have a LONG road of getting back in. Therefore, your best chance is to simply come back as soon as possible and make your case to the CBP officer as to why you were away for so long. Again, they are probably going to be more lenient than usual due to COVID. 

[Airline Pilot 37]

21 hours ago, ClareHan said:

I spent too long out of the US and sadly I think I will have to surrender (abandon) my green card. After I've done this and received confirmation that my LPR status is abandoned, I want to travel again to America later next year as a regular tourist with an ESTA. Will I have sent difficulty getting an ESTA or will it be straightforward?

My wife had her green card while we lived in the US. I took a job in Montreal where she voluntarily turned in her green card as she took a job with a Canadian airline. We went back and forth to the US for years and never had an issue. Even under Trump there was never ever and issue. 

However once I took a job back in the US (May 2019) we then saw that her being in the US before, being a military spouse, having already worked in the US with a SSAN means nothing anymore. We have had to go through the whole process again which has frankly become a nightmare. Even being told that if we tried an adjustment of status could get her banned for visa fraud was enough that I will regret ever taking the job in Montreal in the first place. 

 

If you plan on ever living in the US again my advice is dont lose it or give it up if possible. If you do I can say from our experience it caused no problem going back and forth as a tourist in 3 plus years.

Edited October 13, 2020 by Airline Pilot

[ClareHan 0]

2 minutes ago, Airline Pilot said:

My wife had her green card while we lived in the US. I took a job in Montreal where she voluntarily turned in her green card as she took a job with a Canadian airline. We went back and forth to the US for years and never had an issue. Even under Trump there was never ever and issue. 

However once I took a job back in the US (May 2019) we then saw that her being in the US before, being a military spouse, having already worked in the US with a SSAN means nothing anymore. We have had to go through the whole process again which has frankly become a nightmare. Even being told that if we tried an adjustment of status could get her banned for visa fraud was enough that I will regret ever taking the job in Montreal in the first place. 

 

If you plan on ever living in the US again my advice is dont lose it or give it up if possible. If you do I can say from our experience it caused no problem going back and forth as a tourist in 3 plus years.

So would you advise I just fly back as soon as possible even though it will be more than a year since I left the US?

Edited October 13, 2020 by ClareHan

[Airline Pilot 37]

1 minute ago, ClareHan said:

So would you advise I just fly back as soon as possible even though it will be more than a year since I left the US?

I would. Especially since COVID you have a valid reason that you have been out this length of time.

[Chancy 6,233]

13 hours ago, ClareHan said:

So would you advise I just fly back as soon as possible even though it will be more than a year since I left the US?

 

You've had multiple posts related to this question.  Coming to the forums to get informed is good, but asking about the same topic over and over will not change anything.  I understand you're really anxious about this, but the problem will only get worse the longer you wait before making a decision.  You've already been given lots of advice here on VJ, now you need to decide and act on that advice.  If you're waiting for someone here to guarantee that CBP will let you through without any fuss, that's never going to happen.  No one here can tell you for sure what CBP will do.  Travel to the US as soon as possible and find out for yourself.