Travel to the US with UK/Green Card Spouse

Hi all,

We are finally travelling to the US for the first time since the pandemic to see my parents next Fri 17 Dec. We are travelling Bristol - Dublin - Boston and back. Having sorted out all of the new restrictions and requirements with covid, I am stuck on one last major thing unrelated to that.

My husband (UK citizen) and I (US citizen) and our son (dual) moved here in 2018. My husband has not relinquished his green card, and initially travelled on that in and out of the states. Honestly, we wish we could have kept his green card and we had been about to submit naturalization paperwork before we moved - we had a bit of a situation and had to move fast to the UK. Now it's been a while and we don't want to be flagged. We have spoken to a tax person about what is necessary and she mentioned a US embassy appointment. I don't see an option for him to book one (eg he's not a US citizen and he's not someone who needs a visa).

That aside, for our trip I assume we just apply for an ESTA even though he has a green card, because they'll see him as having abandoned it for not living in the US. Is that right?

We are oddly sad about this moment - we originally wanted both of us to have each other's citizenship in case things went sideways, but them's the facts and we want to be totally legit when we travel. Having done everything else required for this trip, we don't want to mess this up.

Hopefully you’ve found an answer by now, but thought I would comment if you’re still looking.

Am no expert on the ins and outs like others on the board, but I believe the green card is considered abandoned after a year or two out of the country. However, there is a form you need to submit - the i407 - to officially abandon in the eyes of the US govt. My husband abandoned his a month after we moved here and did so via an appointment at the embassy, however now it appears that since Covid those in-person services have been abandoned and the form has to be sent to the US: https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/

Once it was officially abandoned, my husband applied for an ESTA and was approved same day no problem. He does still carry the abandonment form with him whenever we go back though in case of any questions.

No idea what might happen if he tries to apply for ESTA ahead of the trip without the formal abandonment, or if he can abandon it at the border (and not sure how that works with going through US immigration in Dublin). I would prepare for him to be called back to “the room” if you try either. Can you try to call USCIS? I know it might mean a day on hold. :-/

So I’m not sure I’ve helped at all, but hope you find your way and can get back!

Actually, did a bit more digging and it does say on this page under “where to file” that you can do so at a US port of entry.

https://www.uscis.gov/i-407

Dublin isn’t listed, but it is technically a port of entry as the border is there.

May still be worth a call to confirm, but assuming you have adequate layover time you might be safe?