Cjallen

Hi all. I’ve been googling but cannot find a close match to my personal situation;

I held a green card, emigrated with family at age of 15, came back to the UK at 19, then reentered the US at 23, and left again at 25. I went over a year since rentering, and on a brief trip to see friends I was asked to voluntarily surrender my green card. I did, and will always regret it.

I am now 33, recently single again and all my best friends are in the US. I gave up my rented house and moved in with my sister to save. I want to visit friends in LA for 6 months, they are more than happy to accommodate me, and my mother who lived in Michigan (green card) I have enough saved to support myself and can prove it with statements. I’ve been with my employer for 9 years and will either be taking a career break of 6 months, or resigning (I’ve grown frustrated with the company and don’t see myself returning to the job). There isn’t much in the way proof for why I’m returning. My reasons are to visit my mother, catch up with teenage friends and live a little after losing my father suddenly at only 59. I do have a 6 year old, and it’s been a messy custody battle and after my return my intentions are going back to courts to finally resolve. I’ve never been arrested or in any difficulties.

Any advice of my chances of success, and tips on proceeding. I plan to go early March and have not submitted my application yet, although it’s typed And saved.

Rete

While it is not impossible, it is going to be very difficult. The thing is that someone of your age who is eligible to use the ESTA/VWP and essentially unemployed and with no property to return to in the UK but a relative who can become a USC at some point within the next year if she applies for naturalization who can apply for your Immediate Relative Visa (as long as you remain unmarried), you are definitely not a suitable candidate for a B2 tourist visa. Yes, that is my opinion, but after reading posts on here for 20 years, it is rare that someone with your background is granted a B2 tourist visa just to knock about with friends and family.

Although you were allowed into the US at age 23 after a 4 year absence from the US without proper permits or a returning resident visa, it is surprising that you were allowed back into the US on the green card which for all intent and purposes was abandoned. This is so if you had been working in the UK and not paying US taxes during those 4 years.

IMHO, I would go with a stay of 85 days in the US under the ESTA/VWP and then return for another 85 days 3 months later.

SanDiegogirl

I would advise you NOT to apply for a B2. The Cons to doing so are:

- employment age 33
- main family in the US
- sabbatical from job in UK or, even worse, no job
- no accommodation responsibilities (rental/mortgage)

You chances of being refused are high. The US thinks that people who are eligible for the VWP are 'privileged' to be able to use it; and three months is quite adequate to tour in the US.

You refusal would mean that you would be unlikely to be able to use the VWP/ESTA route for a year or more. You are not permanently denied using the VWP/ESTA, but it could take some time.

Noorah101

If you are VWP eligible (which you seem to be) chances of a B-2 visa are almost nil, especially with no job in the UK.

If you apply and get denied, you can look at 6 to 12 months of VWP denials as well.

Not really worth it.

Rene

Twinkle0927

Is your child going with you? What will happen with his or her schooling if he or she does?

Cjallen

She is with her mother for now, we are separated. My bubbles burst a little now, and leaving making the most out of 85 days seems the best option, although it’ll be difficult cramming all I’d like to do in. If I stay with my employer, and have evidence showing my expected date to return to work, would this not greatly improve my chances of approval? My idea was to be entirely honest; I’ve grieving for several close family members recently, giving me an epiphany of spending quality, and extended time with people I value and love whilst letting my own hair down to heal. Losing one parent tends to instinctively have you latching onto other parent, and 85 days doesn’t seem quite long enough. There’s not many opportunities to be granted with career breaks at my age, and due to the circumstances I’m being granted one this time.

As for my risk of outstaying welcome, my argument is I held a green card, I didn’t bind by the terms to keep it, and was reckless in the time between re-entries and voluntarily surrounded it. My future and home has always been in the UK, hence the lack of reluctance to surrender. My family immigrated in my teens and I’ll always have close friendships, many now living in different states, so longer than 85 days is essential. I can easily show a list of names and addresses.

az2014

If you gave up your green card when you reentered at 23 how did you manage to stay for 2 years, assuming you entered as a nonimmigrant?

Cjallen

That came after my 2 year stint

Twinkle0927

I read it that the GC was surrendered on a trip following the departure at age 25.

I’m still surprised that the OP managed to re-enter with a GC after 4 years out and with no SB-1. Seems that CBP were more than generous on that entry.

az2014

Ahh ok I get it. Weird they let you in that time.

Anyway agree with the others. I have a B2 and if you turn up to the interview with no job it will be easy denial for you. Stick to VWP.

Cjallen

I had entered every year between 2003-2007, then returned to UK 2009, and gave up my green card on a quick trip over in 2011.

Cjallen

I’ve an 8 year career and it’s in my hands whether I take a 6 month career break or resign. I’d have supporting evidence of a career break with a confirmed return to work date.

scrubbedexpat099

Keep it simple, VWP.

Twinkle0927

What about the child? If he/she comes with you he/she won’t be eligible for schooling here on a B-2. Or is the child a USC?

Nutmegger

You are thinking like a Brit, but will be adjudicated by an American. The average vacation here is two weeks and people don’t take “career breaks.” As has been said, stick to the VWP.