Do you need a re entry permit?

Do I need to apply for ESTA if I have a green card, but I live outside the U.S. and my re-entry permit expired?

  • I am 21 years old and have already been a green card (expires in 2017) holder for a few years. However I have been living outside the U.S. for more than 2 past years. The European country, where I currently reside, falls under the Visa Waiver Program / ESTA for entry into the U.S. In addition to my green card I have obtained a re-entry permit, which unfortunately has already expired. As I understand, I have jeopardized my green card holder status and might be even denied entry into the U.S. I want to come just to visit this summer. The question and possible solution for my entry into the U.S. might be to apply for ESTA (technically it should not be a requirement, since my green card is still valid, therefore, is an ESTA permission issuable considering specific situations similar to mine for a person who holds a green card, however, jeopardized it's status by being outside the U.S. for more than 2 past years?). It's a multifaceted question, several applicable immigration laws or regulations might interfere, so I would appreciate if somebody could comment on how this practice is dealt based on precedent cases. By the way, my father, from whom I have obtained a green card, lives in the U.S. all the time and is a U.S. citizen.

  • Answer:

    a few options ... go to the nesarest consulate ans apply for an SB1 ..returnig resident visa A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the U.S. for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the U.S. and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the U.S. due to circumstances beyond his/her control. This webpage is about Returning Resident Visas. If you are an LPR unable to return to the U.S. within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa. or .. return the green card using form I-407 you then become a normal visitor and need an ESTA ot try to enter and get presented to an immigration judge to decide the future of your green card not a good choice it can sometimes mean being in a cell for a while last choice go see an US Immigration lawyer in london ..there are a few

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Other answers

Your greencard is void after leaving the USA for 12 months, you no longer have one. So you would have to apply for esta.

workingman

When you didn't return to the US before your reentry permit expired, you were considered to have abandoned your residency in the US. Your green card is no longer valid. That happened to a friend of mine. When she flew back to the US, she was asked to surrender her green card (which she did) and then she was permitted into the country as a tourist. This happened prior to 9/11, however, so I don't know if it's still that easy to re-enter the US after you have abandoned your US residency. If you want to return to the US to live, your father would have to sponsor you again and go through all the paperwork again.

Jenny

Your green card is NOT still valid. You no longer have a green card. It is null and void. You will need a new visa or ESTA to visit the US. I doubt that you can use ESTA though. You have shown that you have intent to immigrate, by the act of having a green card in the past. It is a requirement to show that you have no intent to immigrate to use ESTA. Or to get a tourist visa for that matter.

Lisa A

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