5

This weekend I have a flight to the US to attend a wedding. I would like to know what is the best way to enter the US without getting stuck at the airport or getting troubles to reenter the US in the future.

I am on advance parole, meaning that I waiting for an adjustment of status and the green card. I took a job in Norway and moved there two months ago. My intentions are to work and live in Norway, not in the US. I do not have a job or an address in the US anymore. For this reason I do not care so much about getting a green card anymore, so I would not mind too much is my green card application gets denied.

My questions are:

1) When I arrive at immigration, should I try to use my advance parole? If the officer asks about my address in the US (which I do not have anymore) I will have to say that I am living in Norway?

2) Should I forget about the advance parole and enter with a ESTA? Other than possibly losing the green card (which is not a huge problem for me), could I get in trouble (getting stuck at the airport, possibly getting denied to access the US in the future)?

Update: see my answer below

  • 1
    Alessandro Could you please give us an update on what happened to your greencard application? – Jose Luis May 23 at 10:04
  • @JoseLuis Good timing, I got my (useless for me) green card a couple of days ago. See my update below – Alessandro May 24 at 11:12
6

If I were in your shoes I'd apply for ESTA and use the visa waiver program. The pending AOS application would be no basis to deny entry. On the other hand, if your try to use the advance parole when you no longer intend to reside in the US you run the risk that the immigration officer might find that you are trying to gain entry through deception, and that can indeed result in a (lifetime) ban.

  • I just edited my second point (I meant ESTA, not VISTA). What you write confirms what I was thinking, i.e. to go for an ESTA. Thank you! – Alessandro Oct 18 '18 at 5:44
  • What do you think would happen if the officer asks me about my address and job and I answered the truth, that is that I live and work abroad? – Alessandro Oct 18 '18 at 12:00
  • 1
    @Alessandro You can give up your adjustment of status application at the border. You don't need to apply for a visa. – Michael Hampton Oct 18 '18 at 12:19
  • 1
    @MusoniusRufus it strikes me rather that the decision to abandon a pending AOS application and not to use a valid advance parole document is very strong evidence of an absence of immigrant intent. Any reasonable person in these circumstances who still had immigrant intent would declare it at the border and use the advance parole. Anyway there isn't sufficient time to get a visa. – phoog Oct 18 '18 at 12:53
  • 1
    @Alessandro You won't need a visa, because you are a national of a country which is in the VWP. – Michael Hampton Oct 18 '18 at 14:03
2

Update: Everything went fine using an ESTA (point 2 in my question). The officer at the border noticed I have an expired J1 visa in my EU passport and just commented that I could renounce my green card and so on. I will see what happens with my Green Card and update this post.

Update 24 May 2019: A couple of days ago my green card arrived. An American friend was kind enough to let us use their address, so it arrived there with 7/8 months of delay.

I do not really care about having a green card cause I live elsewhere, but it is also not straight forward to stop the green card application and I did not have reasons to stop it

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.