Contact Us Today 214-494-8033


Avoiding Unintentionally Abandoning Permanent Resident Status: Form I-407 and Re-entry Permit

Posted by Ann Badmus | Jan 02, 2013 | 0 Comments

Do Not Sign Form I-407

We strongly discourage returning permanent residents from signing Form I-407 (Abandonment of Permanent Residence Status) if they have been denied reentry to the United States. Signing Form I-407 serves as evidence that they have affirmatively abandoned their permanent resident (LPR) status.

An individual who no longer wishes to keep their LPR status can always sign a Form I-407 and submit it with their green card to the appropriate U.S. Embassy or to U.S. Citizenship & Immigration Services (USCIS). However, when the individual does not wish to abandon their LPR status, they should neither sign nor submit a Form I-407, even if they are pressured to do so at the U.S. port of entry.

Signing and submitting an I-407 would make it much more difficult to prove that they maintained or intended to maintain their status. When the individual can be the beneficiary of an immediate relative petition, however, they may choose to sign the I-407 and be waived in as a visitor rather than a returning resident. Then, when they are more able to reside in the United States, a new immigrant petition can be filed for them.

Apply For A Re-Entry Permit

A re-entry permit does not automatically preserve LPR status or guarantee re-entry into the U.S. following a prolonged absence. Nonetheless, a re-entry permit helps to show that the LPR intended to return to the U.S. The re-entry permit also serves as a valid entry document after absences of more than one year.

In our next article we will discuss the importance of avoiding prolonged absences outside the U.S., and of maintaining ties in the U.S.

About the Author

Ann Badmus

Principal and Managing Attorney


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

Badmus & Associates is committed to answering your questions. We'll gladly discuss your case with you at your convenience.

Contact us today to schedule an appointment.