Can I travel back to the USA on an ESTA if I have an expired green card?
I left the US on an expired green card (I foolishly read the date in the English format dd/mm/yy) and visited my family in England. The green card expired while I was in the UK, and now I have filled the I-751 and I am awaiting a receipt number so I can obtain a transportation letter and fly home to California.
I am very anxious to get home as soon as possible as I am 7 months pregnant and missing important doctor appointments. I really do not want to have my baby here in England without my husband.
Is it possible to fly back in on an ESTA while awaiting for my green card to be renewed?
Best Answer
If you have a 10-year Green Card, you can fly to and enter the US on it alone even if it's expired.
If it's not a 10-year card, you need either a Transportation letter or (for conditional Green cards) a I-797 Notice of Action.
Source: TIMATIC, the database used by Airlines:
An expired Permanent Resident/Resident Alien Card (Form I-551) is accepted with:
- a 10-years validity at time of issuance; or
- a Transportation Letter issued by the USA; or
- a civilian or military travel order issued by the USA or
- if the passenger is included as dependent spouse or child of the civilian or military travel order.
and
An expired Conditional Resident/Resident Alien Card (Form I-551) with CR shown under category is accepted with an I-797 Notice of Action .
An ESTA will most likely not be granted, as it's not for residents. Moreover, applying for one could easily be seen as evidence of having abandonded permanent residency, in which case you're in trouble.
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Can I travel back to the US with an expired green card?
To re-enter the United States, the Customs & Border Protection (CBP) officer requires proof of your lawful permanent resident status. An expired Green Card is not considered valid proof. At the discretion of the CBP officer, you could be refused entry or charged with an expensive re-entry fee.Can I apply for ESTA with expired green card?
An expired Conditional Resident/Resident Alien Card (Form I-551) with CR shown under category is accepted with an I-797 Notice of Action . An ESTA will most likely not be granted, as it's not for residents.Can I reenter the US without my green card?
Lawful Permanent Residents (LPR) of the U.S. must present a Permanent Resident Card ("Green Card", Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States.What happens if my green card expires while I am out of the country?
My green card expired, and I've been outside the U.S. for more than a year. If you have previously filed for and received a reentry permit, you may remain outside the United States for a period of up to two years. If that document continues to be valid and unexpired, you may reenter the U.S. with a reentry permit.When Your Green Card Expires While You Are Abroad: Can you Still Return to the US?
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Images: Artem Beliaikin, Jacob Morch, Artem Beliaikin, Artem Beliaikin