Hi all,
After searching for a while I gave up and came here to find my answers. I hope you guys can help me out because I am traveling to the US this saturday.
Here is my story:
I been flying around for 4 years up and down to the US to renew my Greencard and this year (actually this saturday) I will be staying in the US for the rest of my life. I am from the Netherlands and I was a student for a while and I finished my BSc 2 months ago. It took quite a lot of time and effort the last 6 months of my graduation and I accidentally went over my 365 days outside the US.(3 weeks only) I went to the US without knowing this and got sent to USCIS I talked with the guy of homeland security. He said because I was late I had to get a I-193 which cost me 585 dollars. He told me I could keep my greencard and that next time I come I should stay 3 months in the states so I can finish up my 1 year master without a problem in the Netherlands. He also wrote the story in the system advising the next time I come to the other officer that I am trust worthy and I would stay 3 months so I wont lose my greencard. Then he stamped my dutch passport with the I-193 stamp. (not an ARC)
When I checked online when I came back to holland I saw that LPR that stay outside the US for over a year lose there LPR status and have to do a SB-1 visa. So why didn't the officer tell me that ? why was he like I still had my greencard and LPR status even though he made a I-193 and told me I was over a year and told me to enter the US ASAP and stay for a while in it ? Was he just stupid or did he change my greencard to be valid again ?
I am going this saturday to the US and I am worried I might have to pay another 585 dollars to enter the US. To avoid that I thought I will make a ESTA Visa Waiver program (which gives you the right to enter the US for 2 years). But is that allowed even though I don't know if my greencard is valid or not ? Is there a way to check ? Does the Greencard auto invalid after 1 year exactly or does someone do that at the USCIS when I enter the airport?
Also there is this particular question I have on my ESTA form which I cannot answer either considering I am looking for a job in the US but the other options just look way too scary to answer yes. And if answering no would that mean I will be prosecuted because I "Lied" and be banned from the US. Would I get in trouble for making an ESTA if I still have a greencard ? (I know the question was ment for people without a greencard but this is my backup)
Here is the Question :
"Are you seeking to work in the U.S.; or have you ever been excluded and deported; or been previously removed from the United States or procured or attempted to procure a visa or entry into the U.S. by fraud or misrepresentation?"
Even if I get in the country with the ESTA can I still get my LPR status back that's if I lost it ? (even though the officer didn't mention and didn't give me any indication I did lose it)
I hope you guys could help me I really need a solution badly :'(
Thanks in advance !!! Very much appreciate it!
Greetz,
Qwin

