surrender the green card.

[Kerala_Guy]

GCman, you sound confused sweet brother! One minute you want to surrender the next you don't. One minute you don't want to come back the next you do. One minute you're in country three the next you're coming back in with multiple reentry permits. If you weren't so unstable flip-flopping back and forth on every single issue you would have got your citizenship within those 8 years (8 freaking years???) already. Come back settle down and get it done or surrender your greencard and go home!

 

[cafeconleche]

Hmm, Kerala_Guy sounds a lot like Mombasa_guy...

 

[GCman2005]

Indeed, at first I was alone...now I have a family...priorities arent the same...you have to provide etc....you just cant go to ''aventure''
If I have good job, I am going to usa tonight.....lol.

 

[shamsham]

Hi Smom1 and Susie,
If we decided to surrender our green cards while we are outside the usa,i know that we should fill the I-407 and enclose the original green cards and reentry permit as well, my questions as follows
1- Can I go to usa and send when I am available in the usa or I must be physically available outside the usa when I send it?
2-what isthe safest way to send it from outside the usa?
3- How can I prove that I have send it by courier, I consider the risk that might be lost in the way, especially that the original green cards and reentry permit will be inside the courrier envelope.
4-Is there any other safe way to send it?
5- I know that processing the I-407 will take approximately 60 days from the date of receiving the application, my question is when the effective date will start for the tax purpose is it the date of receiving the application or the date of completing the processing of the application by USCIS
6- the application for reentry permit has been submitted but it is still in the final process and that might be issued any time, my concern that might be issued after we submit the I - 407, what should I do in this case noting that reentry petmit need to be surrendered together with the green card.how can I notify the USCIS about this concern noting that I am not available inthe usa.
Thank you in advance for your continued help.
Regards.

 

[Sm1smom]

1. You cannot surrender your GC while you’re still inside the US. You can surrender it on your way out of the US or at an embassy while outside the US.
2. You can send it by courier.
3. Courier delivery confirmation.
4. You can try visit the embassy to see if they will let you enter and submit it in person. Just make sure you’re not handing over the GC and the I-407 to the security guards at the gate.
5. You can consider the effective date to be upon delivery to the embassy.
6. The re-entry permit automatically becomes invalid once you’ve sent in the I-407, even if the re-entry permit gets issued after that. You can simply forward it back to the embassy in that case.

 

[shamsham]

1. You cannot surrender your GC while you’re still inside the US. You can surrender it on your way out of the US or at an embassy while outside the US.
2. You can send it by courier.
3. Courier delivery confirmation.
4. You can try visit the embassy to see if they will let you enter and submit it in person. Just make sure you’re not handing over the GC and the I-407 to the security guards at the gate.
5. You can consider the effective date to be upon delivery to the embassy.
6. The re-entry permit automatically becomes invalid once you’ve sent in the I-407, even if the re-entry permit gets issued after that. You can simply forward it back to the embassy in that case.

Hi Smom1 ,
Thank you very much for your continued help,
I tried to google the effective date of abandonment through surrendering the green card and filing the I-407 for both tax[12] and immigration purposes, I found this link ( https://www.law.cornell.edu/cfr/text/26/301.7701(b)-1)

which is stating the followings
{Administrative or judicial determination of abandonment of resident status. An administrative or judicial determination of abandonment of resident status may be initiated by the alien individual, the Immigration and Naturalization Service (INS), or a consular officer. If the alien initiates this determination, resident status is considered to be abandoned when the individual's application for abandonment (INS Form I-407) or a letter stating the alien's intent to abandon his or her resident status, with the Alien Registration Receipt Card (INS Form I-151 or Form I-551) enclosed, is filed with the INS or a consular officer. If INS replaces any of the form numbers referred to in this paragraph or § 301.7701(b)-2(f), refer to the comparable INS replacement form number. For purposes of this paragraph, an alien individual shall be considered to have filed a letter stating the intent to abandon resident status with the INS or a consular office if such letter is sent by certified mail, return receipt requested (or a foreign country's equivalent thereof). A copy of the letter, along with proof that the letter was mailed and received, should be retained by the alien individual. If the INS or a consular officer initiates this determination, resident status will be considered to be abandoned upon the issuance of a final administrative order of abandonment. If an individual is granted an appeal to a federal court of competent jurisdiction, a final judicial order is required}

I am not aware about the legal terms and it is relevant definitions, as such I am confused about the followings:

1-If the alien initiates this determination, resident status is considered to be abandoned when the individual's application for abandonment (INS Form I-407) or a letter stating the alien's intent to abandon his or her resident status, with the Alien Registration Receipt Card (INS Form I-151 or Form I-551) enclosed, is filed with the INS or a consular officer. what this does mean ? and what is the meaning If the alien initiates this determination?

2-what is the exact meaning of filed? is it the actual date I sent the application to USCIS, OR it is the actual date that the courier has delivered the application to the designated address ,OR it is the date that the USCIS has completed the processing of my application which is expected within 60 days from receiving date?

3- As per USCIS , the form I-407 is required to be Mailed to the Eastern Form Center. I approached one of the international courier who is available in our home country and he confirmed that he will drop the envelope in the destination box but he cant provide any written confirmation from the recipient that the mail has been received, my question is how can I have proof that the mail has been delivered Noting that the above states ( if such letter is sent by certified mail, return receipt requested (or a foreign country's equivalent thereof). A copy of the letter, along with proof that the letter was mailed and received, should be retained by the alien individual).

4- instruction for form I-407 stating that (If the LPR is 14 years of age or younger, their parent, custodial parent, or duly appointed legal guardian must sign and consent to submitting Form I-407). is that mean both father and mother should sign the form or just the father or the mother can sign it ?

5-instruction for form I-407 stating that ( Generally, if a parent abandons LPR status, any minor children in that parent’s custody will also have abandoned their LPR status. 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). Does that mean both the father and mother together, what about if the father only or the mother only abandons LPR status is that will affect the minor children and considered their LPR status have been abandoned?

6- what is the age of the minor children as per the USCIS definitions

7- I have an account with the USCIS , how can I know it is Number ? is that important to be mentioned in the form I 407 ?any issue if I left it blank

Thank you in advance

 

[Sm1smom]

Hi Smom1 ,
Thank you very much for your continued help,
I tried to google the effective date of abandonment through surrendering the green card and filing the I-407 for both tax[12] and immigration purposes, I found this link ( https://www.law.cornell.edu/cfr/text/26/301.7701(b)-1)

which is stating the followings
{Administrative or judicial determination of abandonment of resident status. An administrative or judicial determination of abandonment of resident status may be initiated by the alien individual, the Immigration and Naturalization Service (INS), or a consular officer. If the alien initiates this determination, resident status is considered to be abandoned when the individual's application for abandonment (INS Form I-407) or a letter stating the alien's intent to abandon his or her resident status, with the Alien Registration Receipt Card (INS Form I-151 or Form I-551) enclosed, is filed with the INS or a consular officer. If INS replaces any of the form numbers referred to in this paragraph or § 301.7701(b)-2(f), refer to the comparable INS replacement form number. For purposes of this paragraph, an alien individual shall be considered to have filed a letter stating the intent to abandon resident status with the INS or a consular office if such letter is sent by certified mail, return receipt requested (or a foreign country's equivalent thereof). A copy of the letter, along with proof that the letter was mailed and received, should be retained by the alien individual. If the INS or a consular officer initiates this determination, resident status will be considered to be abandoned upon the issuance of a final administrative order of abandonment. If an individual is granted an appeal to a federal court of competent jurisdiction, a final judicial order is required}

I am not aware about the legal terms and it is relevant definitions, as such I am confused about the followings:

1-If the alien initiates this determination, resident status is considered to be abandoned when the individual's application for abandonment (INS Form I-407) or a letter stating the alien's intent to abandon his or her resident status, with the Alien Registration Receipt Card (INS Form I-151 or Form I-551) enclosed, is filed with the INS or a consular officer. what this does mean ? and what is the meaning If the alien initiates this determination?

2-what is the exact meaning of filed? is it the actual date I sent the application to USCIS, OR it is the actual date that the courier has delivered the application to the designated address ,OR it is the date that the USCIS has completed the processing of my application which is expected within 60 days from receiving date?

3- As per USCIS , the form I-407 is required to be Mailed to the Eastern Form Center. I approached one of the international courier who is available in our home country and he confirmed that he will drop the envelope in the destination box but he cant provide any written confirmation from the recipient that the mail has been received, my question is how can I have proof that the mail has been delivered Noting that the above states ( if such letter is sent by certified mail, return receipt requested (or a foreign country's equivalent thereof). A copy of the letter, along with proof that the letter was mailed and received, should be retained by the alien individual).

4- instruction for form I-407 stating that (If the LPR is 14 years of age or younger, their parent, custodial parent, or duly appointed legal guardian must sign and consent to submitting Form I-407). is that mean both father and mother should sign the form or just the father or the mother can sign it ?

5-instruction for form I-407 stating that ( Generally, if a parent abandons LPR status, any minor children in that parent’s custody will also have abandoned their LPR status. 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). Does that mean both the father and mother together, what about if the father only or the mother only abandons LPR status is that will affect the minor children and considered their LPR status have been abandoned?

6- what is the age of the minor children as per the USCIS definitions

7- I have an account with the USCIS , how can I know it is Number ? is that important to be mentioned in the form I 407 ?any issue if I left it blank

Thank you in advance

1. If you, the alien files/submits an I-407, that constitutes “initiates a determination” of an abandonment of resident status.
2. The official effective date is supposed to be when USCIS has processed the I-407 which is supposed to be within 60 days of receiving the form. However, there’s no guarantee processing will not take longer than 60 days. If knowing the effective date is super important to you (considering USCIS may or may not inform you after processing the form, I don’t know), you can consider this to be the date the I-407 gets submitted (delivered by courier to the applicable location in your case for instance). I’m not sure why you’re overthinking this. If you’ve already decided you and your family wish to abandon your permanent residency (which is a shame considering the DVs issued to your family could have been issued to some other folks seriously interested in moving to and living in the US but did not get issued with their visas), just fill out the forms, send them in by courier and move on with your lives.
3. Proof of delivery by the courier company is usually good enough. If you’re using FedEx, UPS, DHL, or equivalent courier delivery from your country, the courier company should be able to provide you with a signed proof of delivery.
4. I suppose both parents can sign the I-407 for a minor to demonstrate the decision was jointly taken. If the form is signed by one parent, that parent will need to demonstrate they have full legal custody of the minor.
5. If only one parent is abandoning their permanent residency, the abandonment will not be automatic if the other parent is actively maintaining their residency and the minor child resides with the parent maintaining their residency.
6. 14 years and under.
7. No issue with leaving the USCIS number blank on the form if unknown.

 

[shamsham]

1. If you, the alien files/submits an I-407, that constitutes “initiates a determination” of an abandonment of resident status.
2. The official effective date is supposed to be when USCIS has processed the I-407 which is supposed to be within 60 days of receiving the form. However, there’s no guarantee processing will not take longer than 60 days. If knowing the effective date is super important to you (considering USCIS may or may not inform you after processing the form, I don’t know), you can consider this to be the date the I-407 gets submitted (delivered by courier to the applicable location in your case for instance). I’m not sure why you’re overthinking this. If you’ve already decided you and your family wish to abandon your permanent residency (which is a shame considering the DVs issued to your family could have been issued to some other folks seriously interested in moving to and living in the US but did not get issued with their visas), just fill out the forms, send them in by courier and move on with your lives.
3. Proof of delivery by the courier company is usually good enough. If you’re using FedEx, UPS, DHL, or equivalent courier delivery from your country, the courier company should be able to provide you with a signed proof of delivery.
4. I suppose both parents can sign the I-407 for a minor to demonstrate the decision was jointly taken. If the form is signed by one parent, that parent will need to demonstrate they have full legal custody of the minor.
5. If only one parent is abandoning their permanent residency, the abandonment will not be automatic if the other parent is actively maintaining their residency and the minor child resides with the parent maintaining their residency.
6. 14 years and under.
7. No issue with leaving the USCIS number blank on the form if unknown.

Thank you Sm1smom for your swift response,
for point#2 above, I want to know the meaning of the (filed) for the sake of knowing the end date of residency status and preparing the final Tax return accordingly , as per the law mentioned above (point#1) which date may I consider? Because it is mentioned (filed)
My understanding that the meaning of field when it is reached the destination and commence the application but that has no relation when the application will be completely processesd (after 2 months). Is that correct?

For point #3 above,
The courier told me that they can't provide me with any written document to confirm that the envelope has been submitted in the destination , however, they can still provide me with tracking number, but my concern is that just a tracking number and has no any confirmation about the type of the documents which are inside the envelope, how can I proof later that the application has been submitted in case that it has been lost ?

For point #6 above,
Do you mean that only children whom are under the age of 14 only will automatically their status be abandonment with their parent while whom are above 14 will not be affected?

Actually I have some family concerns which is requiring me to stay for very long period outside the USA, at some point in the future i might not be able to achieve the residency requirements, as such iam thinking to make it short and surrender the status. What is the best reason to write in the I-407.
Thank you.

 

[Sm1smom]

Thank you Sm1smom for your swift response,
for point#2 above, I want to know the meaning of the (filed) for the sake of knowing the end date of residency status and preparing the final Tax return accordingly , as per the law mentioned above (point#1) which date may I consider? Because it is mentioned (filed)
My understanding that the meaning of field when it is reached the destination and commence the application but that has no relation when the application will be completely processesd (after 2 months). Is that correct?

For point #3 above,
The courier told me that they can't provide me with any written document to confirm that the envelope has been submitted in the destination , however, they can still provide me with tracking number, but my concern is that just a tracking number and has no any confirmation about the type of the documents which are inside the envelope, how can I proof later that the application has been submitted in case that it has been lost ?

For point #6 above,
Do you mean that only children whom are under the age of 14 only will automatically their status be abandonment with their parent while whom are above 14 will not be affected?

Actually I have some family concerns which is requiring me to stay for very long period outside the USA, at some point in the future i might not be able to achieve the residency requirements, as such iam thinking to make it short and surrender the status. What is the best reason to write in the I-407.
Thank you.

2. Date filed = Date I-407 is delivered to the Eastern Forms Center by the courier company which I already stated above.

3. No courier company provides any other form of mail delivery outside of what the one in your country already told you. Even if the package gets mailed from within the US, that is exactly what you will get, the tracking number which will subsequently show your package was delivered to the listed address on the package/envelope. If the package gets lost in transit, the tracking number will show you that, it will not update as package delivered.

6. It’s not a case of what “I mean”. It’s a case of what the law says about children and the process for abandoning permanent residency. A minor child may not necessarily submit a separate I-407 of their own, the parents I-407 covers the minor child. A non minor child on the other hand is required to submit an I-407 if they wish to formally abandon their permanent residency.

I cannot tell you what to write as the best reason for abandoning your permanent residency. This is a personal choice you’re willingly making on your own, so you decide on what to write.

 

[shamsham]

2. Date filed = Date I-407 is delivered to the Eastern Forms Center by the courier company which I already stated above.

3. No courier company provides any other form of mail delivery outside of what the one in your country already told you. Even if the package gets mailed from within the US, that is exactly what you will get, the tracking number which will subsequently show your package was delivered to the listed address on the package/envelope. If the package gets lost in transit, the tracking number will show you that, it will not update as package delivered.

6. It’s not a case of what “I mean”. It’s a case of what the law says about children and the process for abandoning permanent residency. A minor child may not necessarily submit a separate I-407 of their own, the parents I-407 covers the minor child. A non minor child on the other hand is required to submit an I-407 if they wish to formally abandon their permanent residency.

I cannot tell you what to write as the best reason for abandoning your permanent residency. This is a personal choice you’re willingly making on your own, so you decide on what to write.

Thank you Sm1smom for your continued help

For point#6 above, my understanding that if both parents(father and mother) filed I-407, there childrens whom ages are more than 14 years will Not be affected and they can keep there residency status and they can return back to usa, while the childrens whom ages are less than 14 years will be affected directly by parents abandonment and automatically abandoned there residency status with there parents and that requiring there parents to submit the I-407 in there bahalf and both parents names should be printed in the form and signed by both of them. Am I correct?

New questions please,
1- I need copy of the completed I-407 with an officer's stamp to be used as an evidence that the form has been submitted, how can I get it knowing that I will send the form by mail.

2-the last page of the form (page #3) shall I keep it blank because interpreter is not reqiured, or shall I type N/A
3-I will enclose my permenent resident card with I-407,obviously I will check the box (Yes) of 12.a(page 2),Am i still reqiured to check the box 12c of the same page and print the date?.

4- can I send all the I-407 forms, green cards and reentry permits of the entire family members in the same envelope?

Thank you in advance

 

[SusieQQQ]

there childrens whom ages are more than 14 years will Not be affected and they can keep there residency status and they can return back to usa,

They are still subject to normal green card residency requirements if they want to keep their green cards, like anyone else.

 

[Sm1smom]

Thank you Sm1smom for your continued help

For point#6 above, my understanding that if both parents(father and mother) filed I-407, there childrens whom ages are more than 14 years will Not be affected and they can keep there residency status and they can return back to usa, while the childrens whom ages are less than 14 years will be affected directly by parents abandonment and automatically abandoned there residency status with there parents and that requiring there parents to submit the I-407 in there bahalf and both parents names should be printed in the form and signed by both of them. Am I correct?

New questions please,
1- I need copy of the completed I-407 with an officer's stamp to be used as an evidence that the form has been submitted, how can I get it knowing that I will send the form by mail.

2-the last page of the form (page #3) shall I keep it blank because interpreter is not reqiured, or shall I type N/A
3-I will enclose my permenent resident card with I-407,obviously I will check the box (Yes) of 12.a(page 2),Am i still reqiured to check the box 12c of the same page and print the date?.

4- can I send all the I-407 forms, green cards and reentry permits of the entire family members in the same envelope?

Thank you in advance

Your understanding is flawed. Minor children are not required to submit a separate I-407, while non minor children are required to submit individual I-407 if they wish to abandon their permanent residency. Non minor children are subject to the same residency requirements as their parents, they do not get a pass if they’ve not been maintaining their residency as required on the basis of being non minor children.

1. You cannot get a copy of the submitted form with an official stamp.
2. Leave it blank.
3. 12c is only applicable if you’ve selected 12b.
4. Yes.

 

[shamsham]

1. If you, the alien files/submits an I-407, that constitutes “initiates a determination” of an abandonment of resident status.
2. The official effective date is supposed to be when USCIS has processed the I-407 which is supposed to be within 60 days of receiving the form. However, there’s no guarantee processing will not take longer than 60 days. If knowing the effective date is super important to you (considering USCIS may or may not inform you after processing the form, I don’t know), you can consider this to be the date the I-407 gets submitted (delivered by courier to the applicable location in your case for instance). I’m not sure why you’re overthinking this. If you’ve already decided you and your family wish to abandon your permanent residency (which is a shame considering the DVs issued to your family could have been issued to some other folks seriously interested in moving to and living in the US but did not get issued with their visas), just fill out the forms, send them in by courier and move on with your lives.
3. Proof of delivery by the courier company is usually good enough. If you’re using FedEx, UPS, DHL, or equivalent courier delivery from your country, the courier company should be able to provide you with a signed proof of delivery.
4. I suppose both parents can sign the I-407 for a minor to demonstrate the decision was jointly taken. If the form is signed by one parent, that parent will need to demonstrate they have full legal custody of the minor.
5. If only one parent is abandoning their permanent residency, the abandonment will not be automatic if the other parent is actively maintaining their residency and the minor child resides with the parent maintaining their residency.
6. 14 years and under.
7. No issue with leaving the USCIS number blank on the form if unknown.

Thank you again for your help,

For point#4 above, how the two parents can sign for the minor, while the designated field in the form i-407 can take only one name and one signature.

For point #6 above,
I tried to find the actual meaning of the minor child as per USCIS, and I found it that the individuals under age 18?
Please refer to the below link

Minors | USCIS

Completing Form I-9 for Minors (Individuals under Age 18) A parent or legal guardian may establish identity for a minor

www.uscis.gov

Is that mean 17 years is considered minor? Iam confused, any explination for that please.

New questions,
1-My understanding also that if both parents filled the forms i-407 to abandoned their status, then no need to fill separate form i-407 for child under 14, but we should return back only his green card along with our application for abandonment ,is that correct?.

2- I need copy of the received i-407 in order to keep it with me for US future visa application and to record the end date of the Tax period, How can I get it, additionally once it is filed how can I know the application number in order to allow us to get its update through the online case status.
3-the end date of our tax period =the date that my envelope has been delivered to that designated adress regardless the processing time of 60 days or more , is that correct

Reagrards

 

[Sm1smom]

Thank you again for your help,

For point#4 above, how the two parents can sign for the minor, while the designated field in the form i-407 can take only one name and one signature.

For point #6 above,
I tried to find the actual meaning of the minor child as per USCIS, and I found it that the individuals under age 18?
Please refer to the below link

Minors | USCIS

Completing Form I-9 for Minors (Individuals under Age 18) A parent or legal guardian may establish identity for a minor

www.uscis.gov

Is that mean 17 years is considered minor? Iam confused, any explination for that please.

New questions,
1-My understanding also that if both parents filled the forms i-407 to abandoned their status, then no need to fill separate form i-407 for child under 14, but we should return back only his green card along with our application for abandonment ,is that correct?.

2- I need copy of the received i-407 in order to keep it with me for US future visa application and to record the end date of the Tax period, How can I get it, additionally once it is filed how can I know the application number in order to allow us to get its update through the online case status.
3-the end date of our tax period =the date that my envelope has been delivered to that designated adress regardless the processing time of 60 days or more , is that correct

Reagrards

#4 - use your own discretion please.
#6 - how about sticking with the instructions as provided by the actual form you’re trying to fill as against running all over the place? If your child is under 14, they’re not required to fill out an I-407 if the parents are already filling out one for themselves to abandon their permanent residency. If your child is over 14, they are required to fill out a separate I-407. It is as simple as that.

1. Yes.
2. Again, you do not get a copy of the submitted I407 (regardless of what you need it for). You however will probably get some form of acknowledgment (maybe an I-797, I think) after USCIS has processed your I407, which may be a while.
3. I already answered this more than once, so I will not answer it again.

p.s. your have a tendency to go on and on, to overthink things. You did this on the DV2019 thread, the re-entry permit thread, you’re doing exactly the same thing here. You need to understand you’re being helped free of charge here and should therefore try to not drive people insane with your over analysis. Don’t be surprised if I no longer respond to your questions. As a matter of fact, even a paid lawyer will not entertain this kind of on and on questioning over one issue from you.

 

[Sm1smom]

By the way, you have the option of purchasing flight tickets (for you and your family), and fly down to the US. When you get to the POE, inform the CBP officer you wish to abandon your permanent residency, they will gladly collect the GC and provide you with the I-407 forms. They will also provide the applicable information/instructions for filling out the form. Once that is done, they will give you applicable documents acknowledging you willingly signed the I-407 to abandon your permanent residency. That document should serve as the evidence you’re seeking, in addition to providing you with clarifications on the effective date for tax purpose.

Once that is complete, they may subsequently parole you and your family into the US for a short period to visit, or put you on the next available flight out of the US back to your place of departure.