Passport stamped ARC Advice I-407

#1
My son, a minor, left USA alone and returned only after 367 days. At immigration, his passport was stamped 'ARC Advice I-407'. He was told by immigration officer that the next time he re-enters USA, his GreenCard will be withheld. Does this make any sense? Does it mean that he will not be allowed to re-enter the USA under ARC status again? Kindly let me know what action should I take as I still want my son to hold onto the GreenCard.
 
#3
Your son needs to reside in the US.
My anxiety is whether US immigration at airport has the legal right to confiscate my son's Green Card when he next re-entered America as to date no I-407 form was signed. What is the signicant of "advise I-407" stamped on his passport? Will he be denied re-entry using Green Card?
 

TheRealCanadian

Volunteer Moderator
#4
My anxiety is whether US immigration at airport has the legal right to confiscate my son's Green Card when he next re-entered America as to date no I-407 form was signed.
Most likely. The GC becomes void when he abandons his US residence, even if an I-407 is not signed. He'll have the opportunity to face an immigration judge before the GC is lost, if i recall correctly.

What is the signicant of "advise I-407" stamped on his passport? Will he be denied re-entry using Green Card?
It means that based on his travel patterns, CBP has a very strong suspicion that he does not have a US residence, he's been advised to formally abandon his GC to preserve his ability to continue with his temporary US visits, and if he returns after another sufficiently long absence he'll be placed into proceedings to be stripped of his permanent residence.
 
#5
Thanks and really appreciated your reply, TheRealCanadian. However, I have two further questions: 1) Does a Greencard holder need to apply for Electronic System for Travel Authorisation under the visa waiver program? 2) If the answer is yes, then how will it impact a Greencard holder as it is indicated on US immigration website that "if you are admitted to the US under the visa waiver program, you may not change or extend your non-immigration status" ?
 

cafeconleche

Registered Users (C)
#6
No, a GC holder does NOT need to use ESTA. As an LPR, your son mustn't stay out of the US for more than 6 months in a year. If he has to stay out for a long time again, you should apply for a Re-Entry Permit for him before he leaves.
 
#7
Thanks cafeconleche. Just to clarify, does it mean he has to be in US for a total duration of at least 6 months in a year, or he cannot stay out of the US for a continuous period of more than 6 months? Also his passport was stamped ARC I-407 as he was away for more than 6 months for the first time without a Re-Entry Permit, and as such do you think he can still hold onto the GC and be given a second chance to comply?
 
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