Form I-407 abandonment of LPR status

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6(e). I have read and understand the above statements, or they have been read to me, and the statements are true and correct. I also understand (if I am at this time an applicant for admission into the United States) that I have the right to appear before an Immigration Judge for a hearing to determine my admissibility into the United States as a returning lawful permanent resident. I freely waive my right to a hearing before an Immigration Judge. For Government Use Only Department of Homeland Security U.S. Citizenship and Immigration Services I-407, Abandonment of Lawful Permanent Resident Status 1. Family Name (Capital Letters) First Name Middle Name "A" File Number 2. Last Permanent Address in United States (Number and Street) (City) (State) (Zip Code) 3. Date of Birth (mm/dd/yyyy) Country of Birth Country of Citizenship 4. Date of Last Departure From the United States (mm/dd/yyyy) 6(a). I voluntarily, willingly and affirmatively am abandoning have abandoned my status as a lawful permanent resident of the United States because: 6(b). Documents Surrendered: 6(c). Date of Abandonment of Status as a Lawful Permanent Resident of the United States (mm/dd/yyyy): 6(d). Remarks of Immigration/Consular Officer: If you waive your right to a hearing now, you can have a hearing at any time hereafter before an Immigration Judge to determine your admissibility by presenting yourself at a port of entry to the United States and seeking entry. If you do seek a later hearing, the Immigration Judge can and will take into account all statements you have made concerning your abandonment of residence in the United States. Name of Vessel, Airline or Other Means of Departure Port of Departure From the United States 5. Intended or Actual Permanent Address Abroad Signature: Signature of Witness: Address of Interpreter: Signature of Immigration/Consular Officer: Signature of Interpreter: Office: Signature of Alien: Date (mm/dd/yyyy): 7. I hereby certify that the above signatory was personally interviewed by me and that he (or) she fully understands the nature of this action. Signature of Supervisor: Language 8. Disposition of Documents: (For Inclusion in Alien's File) Date (mm/dd/yyyy) Form I-407 (Rev. 03/03/06) Y 10. Copy Furnished Alien Third Person/Agency on Date (mm/dd/yyyy) (See Instructions on Page 2) 9. To Files Control Office: (City) (State)

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http://photos.state.gov/libraries/164203/dhs/I-407.pdf ******************************************************************* This form is posted in the State Department online library. There are links from various embassies and consulates. It is the version dated 03/03/06 and is attributed to DHS - USCIS. As far as I can tell, USCIS has not updated this form and does not have a version posted. It can be used to domestically file for a RE-adjustment of status (a new I-485) with a new approved I-526 when an EB-5 visa would be immediately available. It could also be used to re-process for a new EB-5 visa from DOS abroad (with anew DS-230). I&N Precedent allows for re-adjustment w/concurrent abandonment. No Precedent is needed to re-immigrate from abroad because DOS would take the I-407 as a matter of routine even when no new visa is sought such as when one wishes to return to the U.S. as a non-immigrant (usually B-2 Tourist).

Transcript of Form I-407 abandonment of LPR status

Page 1: Form I-407 abandonment of LPR status

6(e). I have read and understand the above statements, or they have been read to me, and the statements are true and correct. I also understand (if I am at this time anapplicant for admission into the United States) that I have the right to appear before an Immigration Judge for a hearing to determine my admissibility into the UnitedStates as a returning lawful permanent resident. I freely waive my right to a hearing before an Immigration Judge.

For Government Use Only

Department of Homeland SecurityU.S. Citizenship and Immigration Services

I-407, Abandonment of LawfulPermanent Resident Status

1. Family Name (Capital Letters) First Name Middle Name "A" File Number

2. Last Permanent Address in United States (Number and Street) (City) (State) (Zip Code)

3. Date of Birth (mm/dd/yyyy) Country of Birth Country of Citizenship

4. Date of Last Departure From theUnited States (mm/dd/yyyy)

6(a). I voluntarily, willingly and affirmatively am abandoning have abandoned my status as a lawful permanent resident of the United States because:

6(b). Documents Surrendered:

6(c). Date of Abandonment of Status as a Lawful Permanent Resident of the United States (mm/dd/yyyy):

6(d). Remarks of Immigration/Consular Officer: If you waive your right to a hearing now, you can have a hearing at any time hereafter before an ImmigrationJudge to determine your admissibility by presenting yourself at a port of entry to the United States and seeking entry. If you do seek a later hearing, the ImmigrationJudge can and will take into account all statements you have made concerning your abandonment of residence in the United States.

Name of Vessel, Airline or Other Means of Departure Port of Departure Fromthe United States

5. Intended or Actual Permanent Address Abroad

Signature:

Signature of Witness:

Address of Interpreter:

Signature of Immigration/Consular Officer:

Signature of Interpreter:

Office:

Signature of Alien:

Date (mm/dd/yyyy):

7. I hereby certify that the above signatory was personally interviewed by me and that he (or) she fully understands the nature of this action.

Signature of Supervisor:

Language

8. Disposition of Documents:

(For Inclusionin Alien's File)

Date (mm/dd/yyyy)

Form I-407 (Rev. 03/03/06) Y

10. Copy FurnishedAlien Third Person/Agency on

Date (mm/dd/yyyy)

(See Instructions on Page 2)

9. To Files Control Office:(City) (State)

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Page 2: Form I-407 abandonment of LPR status

Instructions

Form I-407 is designed to provide a simple procedure to record the abandonment of residence of a lawful permanent resident alienof the United States. It is used to assure that the alien is accorded due process of law and has voluntarily, willingly andaffirmatively abandoned lawful permanent resident status. It also assures that the alien is informed of the right of hearing and hasintelligently waived that right (in cases involving applicants for admission).

Form I-407 is used by consular officers and immigration officers. It may be used for recording the facts relating to aliensinterviewed in person; or by aliens who abandoned status by correspondence; or as an acknowledgement from a third person oragency.

Item 1. Insert name as it appears on the Permanent Resident Card if the document is presented or the information is known.Spanish surnames should be written in accordance with AM 2703.05.

Item 2. List actual residence, rather than mailing address.

Item 3. List by month, day and year (mm/dd/yyyy).

Item 4. This item refers to the date the alien last departed from the United States and not necessarily when he or sheabandoned lawful permanent residence.

Item 5. Indicate mailing address as well as actual domicile, if different.

Item 6a. This item requires a clear and concise statement in the alien's own words. It must establish beyond any reasonabledoubt that the alien has voluntarily, willingly and affirmatively abandoned status as a lawful permanent resident.

Item 6c. List the date the alien actually abandoned status (not necessarily the date of his or her departure from the UnitedStates).

Item 6d. If the alien is not interviewed, facts relating to information received concerning abandonment of status must beexplained in addition to any other pertinent information.

Item 6e. Signature must be obtained in all cases in which the alien is interviewed. The officer should make every effort toassure that the alien truly understands what abandonment of lawful permanent resident status means.

Item 7. If the alien is interviewed, the interviewing immigration/consular officer must sign the appropriate line. If feasible,the signatures of a witness, interpreter, if any, and supervisor should be obtained.

Item 8. For example: "I-551 No. A00 000 000 destroyed (Serial No. 7611459)."

Item 9. Route Form I-407 to the Files Control Office where the alien's file is located. The "date" block should indicate thedate this form is forwarded to the Files Control Office.

Item 10. If the alien is interviewed in person, a copy of the completed form shall be furnished to him or her at the conclusionof the interview. If abandonment of residence is accomplished through correspondence or as an acknowledgementfrom a third person or agency, a copy of the completed form shall be furnished upon request.

Form I-407 (Rev. 03/03/06) Y Page 2