Can I still apply for an ESTA if I have canceled my green card application?
Question Details: 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 TN. 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?
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.