Piscataway, NJ asked in Immigration Law for Tennessee

Q: Can I still apply for an ESTA if I cancel 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 my daughter in Tennessee. The immigration lawyer 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?

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1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV

A: We cannot imagine any reality in which that would be the case. Withdrawing an application for permanent residency is not a ground of inadmissibility. You may want to ask your attorney for more details regarding why this would be so.

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