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I-407, Abandoning Residency

Discussion in 'Life After The Green Card' started by plasm, Aug 13, 2009.

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  1. plasm

    plasm Registered Users (C)

    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. Jackolantern

    Jackolantern Registered Users (C)

    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.
  3. Triple Citizen

    Triple Citizen Registered Users (C)

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

  4. plasm

    plasm Registered Users (C)

    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.
  5. Triple Citizen

    Triple Citizen Registered Users (C)

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

  6. plasm

    plasm Registered Users (C)

    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?
  7. nelsona

    nelsona Registered Users (C)

    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

    Last edited by a moderator: Aug 14, 2009
  8. Triple Citizen

    Triple Citizen Registered Users (C)

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

  9. shahhar5

    shahhar5 Registered Users (C)

    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
  10. Triple Citizen

    Triple Citizen Registered Users (C)

    Absolutely nothing!!!

  11. shahhar5

    shahhar5 Registered Users (C)

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

  12. Triple Citizen

    Triple Citizen Registered Users (C)

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

  13. shahhar5

    shahhar5 Registered Users (C)

    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

  14. Triple Citizen

    Triple Citizen Registered Users (C)

    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 :)

  15. vandeluca

    vandeluca Registered Users (C)

    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.
  16. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    I propose that we make people incapable of starting a new thread permanently inadmissible.
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