In some situations, an individual may be motivated to abandon their legal permanent resident status. For instance, if you are moving to another country and that requires you to renounce your LPR status in the U.S. Doing so is voluntary and should be done via Form I-407. This form records the abandonment of the individual’s status with the United States and the information is used by the U.S. Department of Homeland Security and the Department of State consular officers. In this post, we’ll explore the procedure to abandon LPR status through the proper channels. Following this process also ensures the individual is informed about their right to a hearing in front of an immigration judge and affirms that they waive that right.
Who Should File Form I-407?
Lawful permanent residents who are located out of the U.S. or at a United States Port of Entry are permitted to use this form to essentially abandon their LPR status. Moreover, individuals who were granted entry into the U.S. as non-immigrants or paroled into the country after abandoning a former LPR status may use Form I-407 to legally record that prior status abandonment.
If a parent, custodial parent, or legal guardian chooses to file a separate Form I-407 on behalf of a minor child, the parent, custodial parent, or legal guardian must show that he or she has custody of the minor child.
Reasons People Abandon their U.S. Status
- Moving overseas and required to abandon your status if you want to become a legal permanent resident of another country
- Returning to your home country permanently
- Paying taxes in multiple countries – As a legal permanent resident of the U.S. you are required to pay taxes to the government. If you are living and paying taxes in a different country, it may be too much so you would abandon your U.S. status.
Filing Form I-407 Step-by-Step
Be sure to fill out Form I-407 using blank ink or type. The form is rather short compared to other immigration documents.
Part 1. Information About You
The first section is for you to fill out specific information about yourself including name, alien registration number, date of birth, country of birth, mailing address, etc. Lines 12.a. and 12.b. are about your permanent resident card and if you returned it. In line 12.d list any other documents you returned.
Part 2. Interpreter’s Contact Information, Certification and Signature
If you used an interpreter, fill out their information in this section (full name, mailing address, contact information, certification, signature)
Part 3. For Government Use Only
This section is to be completed only by a government official.
Documents Required if Filing By Mail
- Form I-407
- Complete the form as fully as possible and sign it. Individuals age 14 or younger must have their parental guardian or custodian sign and consent to the form and provide evidence of legal guardianship. Any forms that are not fully completed will not be processed.
- Permanent Resident Card (I-551) if applicable
- Any other USCIS-issued cards/booklets
- reentry permits (I-327),
Note: Beginning July 1, 2019, USCIS will no longer accept Form I-407, Record of Abandonment of Lawful Permanent Resident Status at international field offices by mail or in person. Do not mail passports to the USCIS Eastern Forms Center.
For details, please visit USCIS website: https://www.uscis.gov/news/alerts/uscis-will-no-longer-accept-i-407-international-field-offices
You can send your application for green card abandonment to:
U.S. Postal Service
USCIS Eastern Forms Center
Unit PO Box 567
Williston, VT 05495
FedEx, DHL, UPS or other delivery service
USCIS Eastern Forms Center
Unit 124 Leroy Road
Williston, VT 05495
Filing Fee I-407
There is no filing fee for I-407 abandonment of LPR status!
Frequently Asked Questions
When do I receive the I-407 confirmation?
Typically Form I-407 takes USCIS 60 days to process
When should someone sign Form I-407 on my behalf?
If the LPR abandoning their status is under the age of 14 then their legal guardian should sign for them. Otherwise, the other scenario would be an adult who is incapacitated should have their legal guardian sign.
What is the I-407 effective date?
Once USCIS processes your request, the I-407 effective date to abandon your status will commence.
What do I lose by filing Form I-407?
You will lose your citizenship and all privileges that accompany that. Moreover, you will not be obligated anymore to pay U.S. taxes.
If I am a minor and my parent abandons their legal permanent resident status, is mine abandoned as well?
Typically, yes this would be the case but it’s best to consult an immigration attorney if you have questions pertaining to your rights.
What does Form I-407 mean?
This is the form to voluntarily abandon your LPR status.
How long does it take to process I-407?
You should expect the process to take about sixty days but more if your submission package is incomplete.
Can I file I-407 from outside the US?
Yes, you can fill it out from outside the country.
Can I apply for green card after abandonment?
It is possible to get another green card after voluntary abandonment. The new visa application should be based under the same category and on the same basis by which you originally migrated. This will mean starting the process from the beginning. However, it is better than returning to the U.S. without due process, which is unlawful. Check out this guide on green card abandonment.
Do I have to give up my green card if I’m moving to another country?
No, you don’t have to at all! You can apply for a reentry permit if your time away is two years or less (validity period). To file a reentry permit you would need Form 1-131.
Do I have to give up my green card if I want to travel?
No, you don’t! If you are in the process of adjusting your status or have a pending application you can apply for advance parole (prior to leaving the U.S.) in order to travel. Doing so will prevent your pending application from being terminated or considered abandoned.
Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US. Source
If you are a green card holder/lawful permanent resident and plan to be out of the country for a while you can apply for a reentry permit which can be utilized for absences of two years at a time. To apply for a reentry permit click here. If you are a U.S. conditional resident, note that if your residency expiration is coming up, the reentry permit will only be valid up until the conditional residency lasts.
What does I 407 advised or I-407 recommended mean in my passport?
Sometimes Customs and Border Patrol will put a note in your passport with these words. This basically tells the CBP official the next time you come back into the country the duration of your time absent from the U.S. or that they recommend filing an I-407. In other scenarios the CBP official will confiscate your green card and try to have an immigration judge file a formal finding of abandonment. You can normally avoid all this by just obtaining a reentry permit.
Can I be forced to sign an I-407?
The form must be signed voluntarily. If you are being pressured and don’t sign Form I-407, you will get a Notice to Appear before an immigration judge who will then make a determination about your status. If this is the case, make sure you have ample evidence to prove you didn’t abandon your Legal Permanent Resident status and have ties to the U.S.
How to renounce green card?
File form I-407 using the instructions outlined in this post. If you have additional questions or want to discuss specifics regarding your situation it is best to contact a VisaNation Law Group attorney.