Timeline for Can I travel back to the USA on an ESTA if I have an expired green card?
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| Jul 25, 2019 at 23:14 | history | edited | Crazydre | CC BY-SA 4.0 |
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| Jul 24, 2019 at 12:21 | comment | added | phoog | I would advise against that course if action unless it is advised by a very good US immigration lawyer. If someone did pursue it, however, it would probably be a good idea to present oneself to the immigration officer as an LPR and explain that the ESTA was used as an emergency measure to get on the plane. But in saying that I haven't reviewed the statutes or regulations, and I do not know the case law well at all, so again it would be a bad idea to try that without first talking to a good immigration lawyer. | |
| Jul 24, 2019 at 12:17 | comment | added | phoog | Rereading this answer, I think it might be worthwhile to expand the last paragraph. I don't know whether an ESTA application is commonly taken as an indication that a permanent resident has abandoned permanent resident status, but it's certainly possible that it would be. This would of course be far more serious than simple ESTA denial. And since ESTA is even granted to US (dual) citizens despite the fact that it's "not for them," it's conceivable that an LPR could get themselves into a sticky situation by actually using one and entering under the VWP. | |
| Jun 4, 2018 at 20:58 | comment | added | user38879 | @Coke, Except the OP indicates that she needs a "receipt number" to get the transportation letter and I'm pretty sure the receipt number she needs is the one on the I-797. She may need to wait for the I-797 regardless. | |
| Jun 4, 2018 at 15:32 | comment | added | Crazydre | @phoog Or get a Transportation letter. It says it's valid with expired Green Cards in General, and conditional ones don't seem to be an exception as such | |
| Jun 4, 2018 at 14:29 | comment | added | phoog | If she has filed an I-751 then it's probably the last case (CR category), in which case she'd need to wait for the I-797. | |
| Jun 4, 2018 at 13:26 | history | edited | Crazydre | CC BY-SA 4.0 |
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| Jun 4, 2018 at 13:03 | history | answered | Crazydre | CC BY-SA 4.0 |