Abandoning Green Card Application

Old Jun 2nd 2023, 1:48 am
  #46  
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Default Re: Abandoning Green Card Application

Originally Posted by red_onion
Can she use VWP again?
No. She is now ineligible for VWP for life. And her ESTA will (if not already) be cancelled.
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Old Jun 2nd 2023, 7:38 am
  #47  
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Default Re: Abandoning Green Card Application

Originally Posted by red_onion
Can she use VWP again?
<sigh> It’s not that you are asking bad questions, but asking them piecemeal. Also, there may be questions you are not asking.

If I was still in practice, I would have wanted you to come it for a in person conversation. These days, it might be over Zoom.

The way forward is YOUR decisions. It should be informed.
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Old Jun 4th 2023, 8:24 am
  #48  
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Default Re: Abandoning Green Card Application

Originally Posted by LT1
No. She is now ineligible for VWP for life. And her ESTA will (if not already) be cancelled.
I assume B visa? She’s been coming and going regularly. How likely will her B visa be approved considering she overstayed? Would dad being a US citizen, her being a minor, or she has pending I-30 petition matter in granting her visitation visa?
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Old Jun 4th 2023, 8:26 am
  #49  
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Default Re: Abandoning Green Card Application

Originally Posted by S Folinsky
<sigh> It’s not that you are asking bad questions, but asking them piecemeal. Also, there may be questions you are not asking.

If I was still in practice, I would have wanted you to come it for a in person conversation. These days, it might be over Zoom.

The way forward is YOUR decisions. It should be informed.
Somethings I’ve never considered or even think about as her return suddenly fallen up on us. I am confused as hell with the possibility of not seeing her for sometime.
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Old Jun 4th 2023, 8:41 am
  #50  
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Default Re: Abandoning Green Card Application

Originally Posted by red_onion
I assume B visa? She’s been coming and going regularly. How likely will her B visa be approved considering she overstayed? Would dad being a US citizen, her being a minor, or she has pending I-30 petition matter in granting her visitation visa?
Yes, she'll need a B2 visa. Details here: https://uk.usembassy.gov/visas/tourism-visitor/

Nothing in her situation excludes her from a B2 visa. But she must tell the truth on the DS-160 (i.e. declaring that there has been an immigrant petition made on her behalf, and overstaying) and to the officer at interview. Lying at any stage would exclude visa eligibility.
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Old Jun 4th 2023, 8:42 am
  #51  
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Default Re: Abandoning Green Card Application

Originally Posted by red_onion
I am confused as hell with the possibility of not seeing her for sometime.
Don't forget, as a US citizen, you can travel freely to/from the UK to see her.
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Old Jun 4th 2023, 10:55 am
  #52  
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Default Re: Abandoning Green Card Application

Originally Posted by red_onion
Somethings I’ve never considered or even think about as her return suddenly fallen up on us. I am confused as hell with the possibility of not seeing her for sometime.
You need competent legal advice.
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Old Jun 4th 2023, 12:52 pm
  #53  
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Default Re: Abandoning Green Card Application

Originally Posted by S Folinsky
You need competent legal advice.
I agree. He most definitely should see a well-versed immigration attorney before he does anything else and before his daughter leaves the US.
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Old Jun 5th 2023, 11:38 am
  #54  
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Default Re: Abandoning Green Card Application

Slightly off-topic: if someone once held PR status but “abandoned” (not formally renounced) it, is ESTA eligibility impacted?
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Old Jun 19th 2023, 2:26 am
  #55  
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Default Re: Abandoning Green Card Application

red_onion Any updates here?

What did you/your daughter decide to do in the end? Did you speak to an immigration attorney?
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