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 2 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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