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?

[Dashinka 24,819]

It looks like you can send everything by mail, so it appears you can do it while in the US.

 

Good Luck!

 

https://www.uscis.gov/i-407

[HRQX 4,145]

7 minutes ago, tom3227 said:

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

No. You must leave the US before you can file the I-407: https://www.uscis.gov/sites/default/files/document/forms/i-407instr.pdf

Who May File Form I-407?
Form I-407 is used by lawful permanent residents who are outside the United States or at a Port of Entry who want to abandon their LPR status. 

6 minutes ago, Dashinka said:

so it appears you can do it while in the US.

Nope. That is incorrect. Only if OP had 1) already abandoned LPR status per the law; and 2) last entered as a nonimmigrant or was paroled-in; could OP file from inside the US: "Form I-407 may also be used by individuals who were admitted into the United States as non-immigrants or paroled into the United States after abandoning a prior LPR status, and who now want to record that prior abandonment of LPR status."

Edited February 20, 2021 by HRQX

[Timona 4,208]

From my reading, on your way out at point of exit, you can drop off the form to CBP and sign infront of them. By signing, you're waiving your right to appear for the ruling. 

 

Alternatively, you can drop it off at any US embassy in Australia. I'd do this as the most surest way.

 

There you go. You now have your answers 

Edited February 20, 2021 by Timona

[tom3227 26]

Thank you. What is CBP please? 

[Timona 4,208]

14 minutes ago, Dashinka said:

It looks like you can send everything by mail, so it appears you can do it while in the US.

 

Good Luck!

 

https://www.uscis.gov/i-407

 

Yap. This too. 

So you have 3 options 

[Timona 4,208]

1 minute ago, tom3227 said:

Thank you. What is CBP please? 

Customs and Border Protection Officers = the USCIS/ Customs agent you see at border entry points or airports. 

 

Google them. Their uniform is unique. You won't miss them. 

[tom3227 26]

Thank you!

15 minutes ago, HRQX said:

No. You must leave the US before you can file the I-407: https://www.uscis.gov/sites/default/files/document/forms/i-407instr.pdf

Who May File Form I-407?
Form I-407 is used by lawful permanent residents who are outside the United States or at a Port of Entry who want to abandon their LPR status. 

Nope. That is incorrect. Only if OP had 1) already abandoned LPR status per the law; and 2) last entered as a nonimmigrant or was paroled-in; could OP file from inside the US: "Form I-407 may also be used by individuals who were admitted into the United States as non-immigrants or paroled into the United States after abandoning a prior LPR status, and who now want to record that prior abandonment of LPR status."

Thank you very much

[Timona 4,208]

I suggest you just give it to CBP right before you board or US embassy back home. With that, you don't need to worry about the current "slow mail" interms of USCIS receiving it.

 

Best of luck

[HRQX 4,145]

16 minutes ago, tom3227 said:

What is CBP please? 

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 for CBP before passing the TSA checkpoint, but that is not the proper process of presenting I-407.

8 minutes ago, Timona said:

I suggest you just give it to CBP right before you board

Nope. See above.

8 minutes ago, Timona said:

or US embassy back home.

Embassies no longer accept I-407.

15 minutes ago, Timona said:

So you have 3 options 

Only 1 option. Beginning July 1, 2019, U.S. Citizenship and Immigration Services (USCIS) no longer accepts Form I-407 at international field offices by mail or in person.  Individuals who wish to voluntarily record abandonment of their lawful permanent resident (LPR) status must submit Form I-407 via mail to:

 

For U.S. Postal Service (USPS):

USCIS Eastern Forms Center
Attn: I-407 Unit
PO Box 567
Williston, VT 05495

 

For FedEx, UPS, DHL or other express/registered deliveries:

USCIS Eastern Forms Center
Attn: I-407 Unit
124 Leroy Road
Williston, VT 05495

Edited February 20, 2021 by HRQX

[StrawberryKiss 170]

11 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

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. 

[Dashinka 24,819]

10 hours ago, HRQX said:

No. You must leave the US before you can file the I-407: https://www.uscis.gov/sites/default/files/document/forms/i-407instr.pdf

Who May File Form I-407?
Form I-407 is used by lawful permanent residents who are outside the United States or at a Port of Entry who want to abandon their LPR status. 

Nope. That is incorrect. Only if OP had 1) already abandoned LPR status per the law; and 2) last entered as a nonimmigrant or was paroled-in; could OP file from inside the US: "Form I-407 may also be used by individuals who were admitted into the United States as non-immigrants or paroled into the United States after abandoning a prior LPR status, and who now want to record that prior abandonment of LPR status."

I guess I am confused.  Why can’t the person abandoning their GC mail their I407 and GC to the USCIS address while in the US soon before they depart?  The person doing this does not need their GC to leave the country.

[Crazy Cat 42,358]

12 hours ago, tom3227 said:

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?

Just mail it  after arrival in your country. ...or just passively abandon it.  

Edited February 20, 2021 by Lucky Cat

[Crazy Cat 42,358]

12 hours ago, tom3227 said:

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?

1-2 months?  I seriously doubt that it will be fully processed in that time.  I would just mail it, and forget it.  You won't have any issues trying to leave in a couple months.

Edited February 20, 2021 by Lucky Cat

[Letspaintcookies 2,310]

3 hours ago, StrawberryKiss said:

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. 

That's awesome for you but not a safe bet for everybody. 

[Crazy Cat 42,358]

3 hours ago, StrawberryKiss said:

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. 

Did you have to reapply for ESTA?