Can I still apply for an ESTA if I have canceled my green card application?
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Can I still apply for an ESTA if I have canceled my green card application?
I am a British citizen, resident in Spain for 20 years. My daughter is a U.S. citizen and we are applying for a ‘green card’ for me, through an immigration lawyer. Unfortunately I have just been diagnosed with cancer and have no health cover in the U.S. so I want to cancel the application for ‘Legal Permanent Resident’ and just visit with my daughter in Tennessee. The immigration lawyer we are using says that if I cancel my application, I will not be able to visit the U.S. at all, not even with an ESTA. Is this true, please?
Asked on April 12, 2018 under Immigration Law, Tennessee
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
you will have a harder time of proving that you have no intention of immigrating to the US given that your daughter had petitioned for you through I-130 but it is not impossible to overcome. if you are sure that you do not want to immigrate at this time, i would suggest that you have your daughter withdraw the petition and provide the explanation of why you/she want to do this. provide documentation of your diagnosis and that you intend to seek treatment in your home country. then when you apply for a visitor's visa you can provide the same documentation and explanation to the consular officer.
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