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tom3227

I have a pending i-751 and I want to abandon my GC. Can I file I-407 while in the US? How long do I have to leave after filing?

By tom3227 in Removing Conditions on Residency General Discussion

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tom3227 Apprentice

tom3227   26

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Filed: AOS (pnd) Country: Australia
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Hello, I decided to give up my GC.  I have a 2y conditional one that expired in 2019. My application to remove conditions is 35 months old. I want to give up the GC. 

 

Can I file I-407 while in the US?

How long do I have to leave the country after filing? Do I have to leave and re-enter in the Visa Waiver program? 

 

Thank you for your answers. 

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Letspaintcookies
Letspaintcookies

Wasn't that all already answered in your other post about this topic?    

HRQX
HRQX

What Timona is suggesting is somewhat inaccurate. The vast of majority of travelers don't encounter CBP on the way out of the US: There usually is a nondescript (and/or very out of the way) door

StrawberryKiss
StrawberryKiss

Not true. I abandoned my GC, live overseas with my husband and was able to visit family in the US (together with him) under the VWP. No hassle or questions asked by CBP whatsoever. 

Timona Experienced

Timona   4,207

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35 months? I would file for citizenship online and maybe it retriggers the process if it is hanging somewhere.

Have you involved your Congressman? 35 months is way too long.

 

I know how you feel. I would not give up, especially if I can file for citizenship (yes, you can with pending ROC). Online application is easier and you get receipt in your account within 24 hours of submission.

 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Letspaintcookies Experienced

Letspaintcookies   2,310

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Wasn't that all already answered in your other post about this topic?

 

 

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Letspaintcookies Experienced

Letspaintcookies   2,310

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VWP is most likely done for you since your data will trigger an immigration intend even if you abandoned your status here so just coming back with that won't work. Handle your stuff, leave and send everything in either just before you leave with your future address or when you're already back in Australia. 

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Timona Experienced

Timona   4,207

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2 hours ago, Letspaintcookies said:

VWP is most likely done for you since your data will trigger an immigration intend even if you abandoned your status here so just coming back with that won't work. Handle your stuff, leave and send everything in either just before you leave with your future address or when you're already back in Australia. 

 

Knowing this, OP should rethink. Anyway, it's upto him. Think hard

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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tom3227 Apprentice

tom3227   26

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Filed: AOS (pnd) Country: Australia
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2 hours ago, Letspaintcookies said:

VWP is most likely done for you since your data will trigger an immigration intend even if you abandoned your status here so just coming back with that won't work. Handle your stuff, leave and send everything in either just before you leave with your future address or when you're already back in Australia. 

VWP?

10 minutes ago, Timona said:

 

Knowing this, OP should rethink. Anyway, it's upto him. Think hard

I have no idea what the previous comment is about :(

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Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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5 minutes ago, tom3227 said:

VWP?

I have no idea what the previous comment is about :(

 

VWP = Visa Waiver Program.

 

He is saying that since you already showed immigration intentions (even though you willingly surrender your GC), it will be difficult to get VWP to travel to the US in the near future. That door is closed as you already showed immigration intent. 

 

That's why you need to think hard because if you go ahead with your plan and later on decide to come back, you'll have to start from square one. With immigration, you don't rejoin the queue where you willingly left off.

 

That's why I suggested you file for N400 to push your application. Ultimate decision lies with you.

Edited by Timona

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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tom3227 Apprentice

tom3227   26

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Filed: AOS (pnd) Country: Australia
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Oh I'm not coming back and I can't wait to leave. Does anyone this? 

- Can I file I-407 while in the US?

- How long do I have to leave the country after filing?

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Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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Okay. You're good to go. I think you can just leave, even tonight.

 

If you're so ready to leave, I don't even think you should waste your time filing I-407. Just book the next flight out.

Edited by Timona

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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cyanmavi Collaborator

cyanmavi   101

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Filed: Citizen (pnd) Country: Turkey
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https://www.uscis.gov/i-407

 

My understanding from reading this page and the instructions, is that you need to file it from outside the US. So you can leave and mail your documents from Australia. I would take a close look at the IRS requirements linked at the bottom of the page to tie up loose ends before leaving.

 

K-1, AOS, ROC, Citizenship timeline below:

Spoiler

 

Met in school summer of 2011, started dating May 2012, engaged June 2016

07/15/2016 - Sent K-1 visa documents                    04/20/2017 - Mailed AOS package                                              09/16/2019 - Mailed ROC package to wrong center

07/19/2016 - NOA1 (California Service Center)         04/23/2017 - AOS package delivered                                          09/19/2019 - Printed everything again and mailed it correctly

09/02/2016 - NOA2 (45 days)                                 04/29/2017 - AOS text and email notifications                             09/23/2019 - ROC Case Was Received

09/15/2016 - NVC case number assigned                 05/04/2017 - NOA1 received for AOS, EAD, AP                            12/02/2019 - Biometrics Appointment (Got notice late, missed appt)

09/29/2016 - Case is "Ready" at embassy                05/22/2017 - Biometrics taken                                                   12/09/2019 - Biometrics taken, walk-in

10/06/2016 - Got an interview date!                        06/14/2017 - Case is Ready to Be Scheduled for Interview            12/10/2019 - Fingerprint Review Was Completed

11/06/2016 - Scheduled the medical!                       08/03/2017 - Interview is Scheduled                                           04/22/2020 - Case Was Received At My Local Office

12/06/2016 - Medical done!                                    09/06/2017 - Interview time!                                                     05/22/2020 - New Card Is Being Produced

12/12/2016 - Interview done! Visa approved!            09/06/2017 - RFE for (lost) medical                                            05/26/2020 - Case Was Approved

12/16/2016 - Visa issued                                         09/19/2017 - New medical submitted (in person)                         05/30/2020 - Card Was Delivered To Me By The Post Office

12/19/2016 - Passport with visa, envelope in hand     09/26/2017 - New Card is Being Produced (online update)                                       (First class mail, tracking provided)                     

01/11/2017 - POE!!!                                               09/29/2017 - Received I-797 Approval Notice                                                  06/28/2020 - N-400 application window opens!

04/06/2017 - Married                                                                              Card Was Mailed to Me                                                 07/13/2020 - N-400 application submitted!

                                                                            10/04/2017 - Green card in hand!                                                                  11/23/2020 - Called for a service request

                                                                                                                                                       12/04/2020 - Biometrics scheduled online notice

                                                                                                                                                       12/31/2020 - Biometrics appointment

                                                                                                                                        06/24/2021 - Interview Notice (interview on 7/27/2021)

 

 

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Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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I mean, if you know that, respectfully, I think it's the easiest and shortest way out. Take it. GC will be considered abandoned. 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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tom3227 Apprentice

tom3227   26

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Filed: AOS (pnd) Country: Australia
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I need 1-2 months to organize my return and I'd like to know these: 

- Can I file I-407 while in the US?

- How long do I have to leave the country after filing?

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