Asked in Immigration Law

Q: Can I reenter the US on a tourist visa waiver (I'm Irish) if my green card (through marriage) has expired?

My i-751 was filed in March and is still processing. My green card was extended for a year until April 9th 2018. I am traveling at the moment and my husband and I have separated since the form was filed. I do not plan on returning to the US to live and work, but will need to go back to get my stuff and see friends, for probably a month or two. I would rather not have to be back in the country by April 9th, so was wondering if I can allow it to expire and simply enter on the visa waiver program (making sure that I have a return flight to Ireland booked before trying to enter). Thank you for your help!

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1 Lawyer Answer
Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: You may apply for ESTA but it will likely be denied.

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