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I-407, Abandoning Residency

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  • I-407, Abandoning Residency

    I'm a long time green card holder, but never became a citizen.

    I moved out of the US five years ago, returning twice for quick visits in the first year. Since then I haven't been back, and I realise that I probably wouldn't be able to get back in even if I wanted.

    Now my question is should I bother to file the I-407 and return my greencard, or should I just let sleeping dogs lie and let it expire next year? Are there any advantages to one or the other?

    Thanks for any advice anyone can offer!

  • #2
    File the I-407 so it will be easier to get a tourist visa. You can even apply for a tourist visa in the same visit to the consulate when you file the I-407.

    EB3 ROW I-485 Approved: July 2007
    USC: July 2013
    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

    Comment


    • #3
      I am confused. Your other post claims you re-entered the country by hiding your true length of absense at the POE???

      Originally posted by plasm View Post
      Thanks for any advice anyone can offer!
      Regards,
      S K Ghori
      skg@vex.net
      http://www.vex.net/~skg/

      **NOTE**
      I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

      **DISCLAIMER**
      I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

      Comment


      • #4
        Originally posted by Triple Citizen View Post
        I am confused. Your other post claims you re-entered the country by hiding your true length of absense at the POE???
        That was in the first year. I hid the true length only because I thought I had made a major mistake by staying out more than six months. Also I figured it was safe enough because I had a fresh passport without stamps and my GC was not scanned on the way out, and on top of that I had no intention of resettling in the US or applying for citizenship.

        When I walked up to the counter I still wasn't sure what to say, but what sealed it for me was that the guy in front of me said he was away for 8 months and he was sent somewhere for further questioning.

        After those 2 trips back in the first year I haven't returned.

        Comment


        • #5
          Well then, simply file an I-407 and a DS-156 at your nearest US consulate.

          Originally posted by plasm View Post
          After those 2 trips back in the first year I haven't returned.
          Regards,
          S K Ghori
          skg@vex.net
          http://www.vex.net/~skg/

          **NOTE**
          I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

          **DISCLAIMER**
          I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

          Comment


          • #6
            Originally posted by Triple Citizen View Post
            Well then, simply file an I-407 and a DS-156 at your nearest US consulate.
            Thanks for the help everyone, I'll do just that.

            Out of curiosity, is it a legal requirement to file the I-407? Anyone know if just letting it expire does the same thing?

            Comment


            • #7
              By not filing all the required paperwork, you can run afoul of the IRS.

              'passive abandonment' as you propose is not recognized by IRS, so they can come after you for non-paymnet or non-reporting.

              http://www.irs.gov/pub/irs-pdf/p4588.pdf

              ...
              Therefore, even if the U.S. Citizenship and Immigration Service (USCIS) no longer recognizes the validity of your green card because you have been absent from the United States for a certain period of time or the green card is more than ten years old, you must continue to file tax returns until there has been a final determination that is not subject to appeal that your green card has been revoked or abandoned....
              Last edited by nelsona; 14th August 2009, 10:41 AM.
              Languishing in Lincoln -No More!!

              Comment


              • #8
                No, but it can earn you brownie points with your DS-156 application.

                Originally posted by plasm View Post
                Out of curiosity, is it a legal requirement to file the I-407?
                Regards,
                S K Ghori
                skg@vex.net
                http://www.vex.net/~skg/

                **NOTE**
                I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

                **DISCLAIMER**
                I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

                Comment


                • #9
                  My in-laws want to abandon their GC and apply for visitor visa. What documents will they need from their daughter - my wife and me to apply for visitor visa? Do they need sponsorship letters from us?

                  Thanks in advance

                  Comment


                  • #10
                    Absolutely nothing!!!

                    Originally posted by shahhar5 View Post
                    What documents will they need from their daughter - my wife and me to apply for visitor visa?
                    Regards,
                    S K Ghori
                    skg@vex.net
                    http://www.vex.net/~skg/

                    **NOTE**
                    I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

                    **DISCLAIMER**
                    I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

                    Comment


                    • #11
                      Does it mean they are not subjected to the same visitor visa requirements as any ordinary applicant?

                      Originally posted by Triple Citizen View Post
                      Absolutely nothing!!!

                      Comment


                      • #12
                        They are subject to the same requirements. They will need to overcome 214(b).

                        Originally posted by shahhar5 View Post
                        Does it mean they are not subjected to the same visitor visa requirements as any ordinary applicant?
                        Regards,
                        S K Ghori
                        skg@vex.net
                        http://www.vex.net/~skg/

                        **NOTE**
                        I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

                        **DISCLAIMER**
                        I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

                        Comment


                        • #13
                          Yes. I understand they need to overcome 214(b). But they checked with an agency in India and the agency told them they don't need any invitation/sponsorship/financial support letter from us. Is that true?

                          Thanks in advance

                          Originally posted by Triple Citizen View Post
                          They are subject to the same requirements. They will need to overcome 214(b).

                          Comment


                          • #14
                            There is absolutely NO requirement for any "invitation/sponsorship/financial support letter" for ANY B-2 visa applicant. For some reason, my fellow South Asians belive that this is a requirment for B-2 applicants!!! I have spent 4 years on this forum trying to educate such forum members, but I know I am fighting a losing cause

                            Originally posted by shahhar5 View Post
                            But they checked with an agency in India and the agency told them they don't need any invitation/sponsorship/financial support letter from us. Is that true?
                            Regards,
                            S K Ghori
                            skg@vex.net
                            http://www.vex.net/~skg/

                            **NOTE**
                            I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

                            **DISCLAIMER**
                            I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

                            Comment


                            • #15
                              If one were to give up the GC, but still want to visit with US spouse for maybe 4 times per year (2 weeks at a time) and maybe 6 weeks in summer....do they give a problem if a Canadian (automatic b-2 visa) at the border? Do they make you apply specially b/c one HAD a greencard? Are there any hassles for these kinds of trips or do they assme you want to come back to live?? Just curious.

                              Comment


                              • #16
                                I propose that we make people incapable of starting a new thread permanently inadmissible.
                                ------------------------------------
                                IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

                                PD: 9/12/2000 (EB3/VA/RIR/Canada)
                                I-140 RD: 12/22/2000
                                I-140 AD: 7/16/2001
                                RD: 8/28/2001
                                ND: 10/26/2001
                                FP1: 1/31/2002
                                RFE: 8/2/2002
                                RFE RD: 8/28/2002
                                TD: 10/22/2002
                                FP2: 6/19/2004
                                ID: 07/15/2004
                                AD: 07/15/2004
                                CO: 08/18/2004
                                CR: 08/23/2004
                                N-400 RD: 05/21/2009
                                FP: 06/13/2009
                                CFR: 08/05/2009
                                IL: 08/21/09
                                ID: 10/7/09
                                USC: 10/8/09

                                Comment

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