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Kyley84

I-407 / Approved ESTA - Enter into US

By Kyley84 in General Immigration-Related Discussion

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beloved_dingo Proficient

beloved_dingo   1,939

Posted
Filed: Citizen (apr) Country: Australia
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35 minutes ago, Mike E said:

legally they cannot make you sign I-407

Your passport and ESTA is not a guarantee you will be granted entry after you file I-407. Only your gc is that guarantee.

 

Does your daughter have a gc?

 

 

Please withdraw your vow to lie to CBP.

The daughter is a U.S. Citizen with an expired U.S. Passport. 

K1 to AOS                                                                                   AOS/EAD/AP                                                                      N-400

03/01/2018 - I-129F Mailed                                              06/19/2019 - NOA1 Date                                              01/27/2023 - N-400 Filed Online

03/08/2018 - NOA1 Date                                                    07/11/2019 - Biometrics Appt                                   02/23/2023 - Biometrics Appt
09/14/2018 - NOA2 Date                                                    12/13/2019 - EAD/AP Approved                               04/03/2023 - Interview Scheduled

10/16/2018 - NVC Received                                              12/17/2019 - Interview Scheduled                          05/10/2023 - Interview - APPROVED!

10/21/2018 - Packet 3 Received                                      01/29/2020 - Interview - APPROVED!                  OFFICIALLY A U.S. CITIZEN! 

12/30/2018 - Packet 3 Sent                                               02/04/2020 - Green Card Received! 

01/06/2019 - Packet 4 Received                                     ROC - I-751

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02/05/2019 - Visa Received                                             11/04/2021 - NOA1 Date

05/17/2019 - U.S. Arrival                                                     01/19/2022 - Biometrics Waived

05/24/2019 - Married ❤️                                                    02/04/2023 - Transferred to New Office

06/14/2019 - Mailed AOS Packet                                    05/10/2023 - APPROVED!

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Mike E
Mike E

So OP wants to compound the problem by misrepresenting the daughter as a non U.S. citizen. This is what can happen to U.S. citizens who claim to not be U.S. citizens at the port of entry:  

OldUser
OldUser

Correct, but dual citizenship doesn't let you choose your nationality to present selectively when you visit countries of your citizenship.   E.g. you will be percieved by authorities as a US

Mike E
Mike E

legally they cannot make you sign I-407 Your passport and ESTA is not a guarantee you will be granted entry after you file I-407. Only your gc is that guarantee.   Does your daughter

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Mike E Grand Master

Mike E   11,725

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Filed: Citizen (apr) Country: Myanmar
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1 minute ago, beloved_dingo said:

The daughter is a U.S. Citizen with an expired U.S. Passport. 

So OP wants to compound the problem by misrepresenting the daughter as a non U.S. citizen. This is what can happen to U.S. citizens who claim to not be U.S. citizens at the port of entry:

 

https://web.archive.org/web/20200118025123/https://www.washingtonpost.com/nation/2019/07/23/francisco-erwin-galicia-ice-cpb-us-citizen-detained-texas/

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Boiler Grand Master

Boiler   43,683

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Filed: K-1 Visa Country: Wales
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Well a US Citizen can not use the VWP or a Visa by definition. Now ESTA is neither and I cannot remember the questions. Wonder if they considered a USC applying when they set it up. A US Citizen will be allowed entry on an expired passport, now what the consequences are for the non Citizen parent I have no idea.

 

I have seen people being paroled in having filed a I 407, yet again I would be guessing what will happen here.

“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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TBoneTX Grand Master

TBoneTX   43,404

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1 minute ago, Boiler said:

A US Citizen will be allowed entry on an expired passport

In my last conversation with CBP, I was told that USCs can cross by land with an expired passport, but not by air.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Boiler Grand Master

Boiler   43,683

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Filed: K-1 Visa Country: Wales
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Just now, TBoneTX said:

In my last conversation with CBP, I was told that USCs can cross by land with an expired passport, but not by air.

In this case, well let's leave pre inspection out of it, they are there at the PoE having used ESTA to get there.

 

I prefer to keep things simple but it does get interesting when games are played.

“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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TBoneTX Grand Master

TBoneTX   43,404

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Filed: Citizen (apr) Country: Ecuador
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Just now, Boiler said:

it does get interesting when games are played

Certainly.  One thing that I've been told, over and over -- verbatim -- is:  "CBP thrives on the truth."

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Boiler Grand Master

Boiler   43,683

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I do not see an issue for the child.

 

Now the Mother, well it all depends, they certainly have the potential to really mess her up in all sorts of ways if they want to. Or they take the I 407, admit on the VWP and send her on her way. Tell her to renew the child's passport, cancel the ESTA. I think they admit etc is much more likely.

“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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Mike E Grand Master

Mike E   11,725

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1 hour ago, TBoneTX said:

In my last conversation with CBP, I was told that USCs can cross by land with an expired passport, but not by air.

A U.S. citizen who presents herself as such at any port of entry on U.S. soil, is going to be admitted unless the officer decides to violate the constitution. It might take several hours of secondary inspection, but legally that is what the courts have decided.

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Boiler Grand Master

Boiler   43,683

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Filed: K-1 Visa Country: Wales
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I assume the issue would be getting on a plane with an expired passport 

“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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Redro Experienced

Redro   4,601

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Filed: IR-1/CR-1 Visa Country: South Africa
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Not sure if it is taking longer these days. But, I’ve known USCs to get their passports from an embassy in about 7 business days… I assume getting consent from the father isn’t an issue as they are going to the US to visit him. 

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Redro Experienced

Redro   4,601

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Filed: IR-1/CR-1 Visa Country: South Africa
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24 minutes ago, Redro said:

Not sure if it is taking longer these days. But, I’ve known USCs to get their passports from an embassy in about 7 business days… I assume getting consent from the father isn’t an issue as they are going to the US to visit him. 

Sorry… visit her mother. 
 

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Mike E Grand Master

Mike E   11,725

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Filed: Citizen (apr) Country: Myanmar
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33 minutes ago, Boiler said:

I assume the issue would be getting on a plane with an expired passport 

Correct. That is not happening.

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SalishSea Grand Master

SalishSea   16,851

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Filed: Lift. Cond. (apr) Country: New Zealand
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9 hours ago, Kyley84 said:

Hi all,

 

Am i in a muddle.

 

I received an I-551 in March 22 (3 years after having my conditional approved but the backlog was long), unfortunately i got divorced 4 months after and on 07/20/22 l returned back to the UK permanently so my daughter and I could be close to famly. I have a flight booked in 2 weeks to travel back to the US so my daughter can visit her mother, and it appears i have not got all my eggs in a row perhaps.

 

My original plan was for my daughter and I to enter on an ESTA (my daughter has a UK and US passport, but her US passport is expired), but was reading my ESTA would likely not be approved.... Thankfully our ESTAs were approived today!! I still have some quesrtions however:

 

  1. I plan to abandon my greencard (I-407) at the port of entry (i've heard this is the quickest and cleanest solution rather than posting it off to the US, and consequently if the CBP has issues with GC i don't have it on my person to reliquish). Will i have to pay the fee for form I-193 ($585) if i have a valid UK passport and approved ESTA?
  2. If i will have to pay the fee is it better to keep quiet and try to simply get through on my UK Passport / ESTA and then mail I-407 once im in the country?
  3. Is there a risk /scneario of not being allowed in the US with an approved ESTA and a GC where i have been out the country 358 days, however with the plan to abandon there and then if required?

 

Thank you!

If your daughter is a USC, how can she travel on ESTA?

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SalishSea Grand Master

SalishSea   16,851

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Filed: Lift. Cond. (apr) Country: New Zealand
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Entire process seems poorly planned if intention is to travel in two weeks.   You’re just making more problems for yourself, IMO.

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igoyougoduke Experienced

igoyougoduke   1,614

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11 hours ago, Kyley84 said:

Hi all,

 

Am i in a muddle.

 

I received an I-551 in March 22 (3 years after having my conditional approved but the backlog was long), unfortunately i got divorced 4 months after and on 07/20/22 l returned back to the UK permanently so my daughter and I could be close to famly. I have a flight booked in 2 weeks to travel back to the US so my daughter can visit her mother, and it appears i have not got all my eggs in a row perhaps.

 

My original plan was for my daughter and I to enter on an ESTA (my daughter has a UK and US passport, but her US passport is expired), but was reading my ESTA would likely not be approved.... Thankfully our ESTAs were approived today!! I still have some quesrtions however:

 

  1. I plan to abandon my greencard (I-407) at the port of entry (i've heard this is the quickest and cleanest solution rather than posting it off to the US, and consequently if the CBP has issues with GC i don't have it on my person to reliquish). Will i have to pay the fee for form I-193 ($585) if i have a valid UK passport and approved ESTA?
  2. If i will have to pay the fee is it better to keep quiet and try to simply get through on my UK Passport / ESTA and then mail I-407 once im in the country?
  3. Is there a risk /scneario of not being allowed in the US with an approved ESTA and a GC where i have been out the country 358 days, however with the plan to abandon there and then if required?

 

Thank you!

First step dont do this. A very very bad idea if things turn ugly

 

US citizens are required to use US passport to enter/exit US soil. 

 

ICE detention is no fun.  rebooking tickets is not the end of world 

duh

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