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Posted

Hello, I’m a LPR (received as my mother married to an U.S. citizen). I’m studying at University outside of U.S. and has been submitting re-entry permit to enter to U.S. (already received re-entry permit twice). However, I have stayed outside of U.S. for over three years now and my re-entry permit has already expired.

 

Since I will work in the country that I currently live, I am willing to file I-407 to abandon my LPR status.

 

I sent the I-407 by mail on 12/19/2019 and received an email on 3/3/2020 saying that I do not meet the criteria of acceptance. After going through my copies of documents, I realized that I had forgotten to sign the last part of the document. The email said it would take 4weeks to be returned to my address.

 

The problem is, I am planning to have a wedding in Hawaii on August 2020 and I am worried about whether I could enter the U.S.

 

I believe there are two options:

 

(1) Resend the I-407 by mail on Mid-April and wait until the process is complete, then apply for ESTA to enter the U.S. However I do not know how long the process would it take(it is thought to be about 2 months). I am worried after being rejected once it might take longer and I won’t be able to enter the U.S.

 

(2) Don’t send the I-407 form by mail, and instead bring it with me as I submit the I-407 to the  U.S. Customs and Border Protection officer at the U.S. port of entry on August 2020. In that case, I would apply for ESTA beforehand. However there is a risk that the airplane company would not allow me to get on board since I would still be LPR when I get on the plane to US. Also, there is a chance that the process won’t be complete because of the time difference between mainland and Hawaii, and that I would be eventually be send back.

 

I already booked the flights and wedding, and now I am extremely worried about my I-407 form.

 

Please give us your advice or comments on how to submit the I-407. Or if there is anyone who had experiences submitting I-407 at U.S. Customs and Border Protection, please tell us your story. We are very worried and any insights would help.

 

Thank you.

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

I would telephone a CBP port, ask to speak with the shift supervisor, and get a definitive answer on how to proceed.

Record the name, port, and time of discussion.

If the supervisor isn't certain, politely ask to be escalated to the Port Director.

 

Let us know what you learn.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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