Giving up the GC

[amishah]

Hi All,
I am new to this thread and I tried searching for answer to my Q in this forum but was not able to find it. I will appriciate it if some one can answer my Q or can direct me to the appropriate thread.
My parents are GC holder since 1998. They have never lived here for more than 3 months and have always used re-entry permit. So far they have gotten 3 re-entry permits. Their GC is expirening in March 2006. This time they do not want to continue their GC and wants to let it go. Instead they wants to get a visitor visa. My question is, is there any perticular procedure to do this so that there can be an ensurance that they will get visitor visa upon returning the GC.
Also I am a USC. Will they be able to get GC through me in future if they wants to?
Thanks

[amishah]

Originally Posted by ****

Form I-407.
The procedure is explained here: http://www.usembassy.org.uk/dhs/uscis/abandon.html

Thanks ****. But I did not finde this form on USCIS website. Also my parents are from India. Will there be different form for them?

[Participant]

amishah,
It is same I 407 form all over the US embassies.
For that country,
you can see the link for example.
http://mumbai.usconsulate.gov/legal_...residents.html..
'I am a legal permanent resident (LPR), but I wish to abandon my LPR status because I am now living abroad. How do I do so?

If you wish to surrender your green card, please come to our office at 7:30 a.m. with your green card, passport, and a completed form I-407 (Abandonment of Lawful Permanent Resident Status). You may obtain this form here. A consular officer will interview you and accept your application. If you would like to apply for a visitor visa on the day you surrender the green card, you should contact our scheduling service, VFS to make an appointment for a visitor visa interview. If you would like to only surrender the green card and not apply for a visitor visa, you should join the line for pending immigrant visa cases upon arriving at 7:30 a.m. Please note that our office will not provide any acknowledgement receipt if applicants opt to submit the I-407 and green card by mail. '.
I beleive this is the procedure for that consulate and check other consulates if different for you geographically, there.But form will be the same.
Regarding surrendering GC, it will certainly improve obtaining a visistor's visa(than simply allowing to expire the vaildity and non-renewal)but there is no guarantee (as always the case with US consualtes).
---------------------------------------------------------------
not a legal advise.

[amishah]

Originally Posted by Participant

amishah,
It is same I 407 form all over the US embassies.
For that country,
you can see the link for example.
http://mumbai.usconsulate.gov/legal_...residents.html..
'I am a legal permanent resident (LPR), but I wish to abandon my LPR status because I am now living abroad. How do I do so?

If you wish to surrender your green card, please come to our office at 7:30 a.m. with your green card, passport, and a completed form I-407 (Abandonment of Lawful Permanent Resident Status). You may obtain this form here. A consular officer will interview you and accept your application. If you would like to apply for a visitor visa on the day you surrender the green card, you should contact our scheduling service, VFS to make an appointment for a visitor visa interview. If you would like to only surrender the green card and not apply for a visitor visa, you should join the line for pending immigrant visa cases upon arriving at 7:30 a.m. Please note that our office will not provide any acknowledgement receipt if applicants opt to submit the I-407 and green card by mail. '.
I beleive this is the procedure for that consulate and check other consulates if different for you geographically, there.But form will be the same.
Regarding surrendering GC, it will certainly improve obtaining a visistor's visa(than simply allowing to expire the vaildity and non-renewal)but there is no guarantee (as always the case with US consualtes).
---------------------------------------------------------------
not a legal advise.

Thanks a lot. This answers all of my Qs.

[blkhawk]

Hi all, I currently live and work in the US. I recently married a girl from my home country. She's currently in the USA on a b1/b2 visa. Her I-94 is valid for 6 months. WE don't want to live away from each other after the I-94 is expired. I don't know what to do in this case to keep my wife in a legal status. The thought of giving up the green card has crossed my mind. But I am wondering if I can return to H1-B status and keep my job. this way, I can file for my wife's H4. Also, can I re-apply for my green card based on my approved LC? I got my green card thru employment. Thanks in advance.

[TheRealCanadian]

Originally Posted by blkhawk

But I am wondering if I can return to H1-B status and keep my job. this way, I can file for my wife's H4. Also, can I re-apply for my green card based on my approved LC? I got my green card thru employment. Thanks in advance.

You can certainly abandon your GC but you will require a new H-1B and your GC process will need to start from scratch.

[pralay]

Originally Posted by blkhawk

Hi all, I currently live and work in the US. I recently married a girl from my home country. She's currently in the USA on a b1/b2 visa. Her I-94 is valid for 6 months. WE don't want to live away from each other after the I-94 is expired. I don't know what to do in this case to keep my wife in a legal status. The thought of giving up the green card has crossed my mind. But I am wondering if I can return to H1-B status and keep my job. this way, I can file for my wife's H4. Also, can I re-apply for my green card based on my approved LC? I got my green card thru employment. Thanks in advance.

Alternately, if she is qualified for H1 or L1 visa, she come to USA in one those visas and work in USA (until she is eligible for filing her CP/AOS). As H1 and L1 are dual-intent visas, there should not be any problem in that regard.

[Beautysmistress]

If you abandon a green card can you come back to the states at a future date and apply again?
Thanks
Flash

[TheRealCanadian]

Originally Posted by Beautysmistress

If you abandon a green card can you come back to the states at a future date and apply again?

There's no prohibition against it.