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?

[Letspaintcookies 2,310]

3 hours ago, Dashinka said:

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.

My guess would be that they want to make sure that it doesn't happen too early. Even if the form won't get processed anytime soon the receipt date is probably what counts and if one leaves after the date it was received they'll be in an unlawful status and might get in trouble applying for a US visa later on. Most likely because they suddenly 'lie' that they've never been here unlawfully not thinking about the 2 days they left too late. That's at least what I could imagine. 

[bswt2 19]

51 minutes ago, Letspaintcookies said:

My guess would be that they want to make sure that it doesn't happen too early. Even if the form won't get processed anytime soon the receipt date is probably what counts and if one leaves after the date it was received they'll be in an unlawful status and might get in trouble applying for a US visa later on. Most likely because they suddenly 'lie' that they've never been here unlawfully not thinking about the 2 days they left too late. That's at least what I could imagine. 

 

I think the issue is more about being able to claim a benefit of the LPR status (in this case, being present in the country) after the form has been sent. The way I look at it is the day send in the form to surrender the status is the day you also surrender all benefits of that status, that's why I think it's best to do it when leaving the country or overseas.

[Duke & Marie 1,389]

@tom3227 

in addition to the form that needs filing as soon as you hit Aus, you might wanna check with a US tax attorney to make sure you don’t get smashed by the IRS (Fed/State) after leaving...

 

the tax system here sucks way more than ours and given USCIS are notoriously fast at processing or losing paperwork I’d hate for them to be chasing you around the world for years to come. 

[kemm360 144]

Tom you cannot leave us in this struggle just like that lol  

 

Best of luck man.  

[StrawberryKiss 170]

3 hours ago, Letspaintcookies said:

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

Sure, but it still proves that your statement was incorrect and that it is possible, which might still be useful information to others. 

 

3 hours ago, Lucky Cat said:

Did you have to reapply for ESTA?

Yes, I actually had to, but was approved within 24 hours or so.

[tom3227 26]

1 hour ago, Duke & Marie said:

@tom3227 

in addition to the form that needs filing as soon as you hit Aus, you might wanna check with a US tax attorney to make sure you don’t get smashed by the IRS (Fed/State) after leaving...

 

the tax system here sucks way more than ours and given USCIS are notoriously fast at processing or losing paperwork I’d hate for them to be chasing you around the world for years to come. 

I am not a long term resident (> 8 yrs) so there's no chance I am a covered expatriate, meaning I will not be subject to an exit tax. 

 

Also, shout-out to the sloths at USCIS for taking 36 months to process an application and made me realize I don't wanna live in the US. You guys are the best!

 

Edited February 20, 2021 by tom3227

[HRQX 4,145]

6 hours ago, Dashinka said:

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?

If mailed in the very last day (or so) then the form would be considered filed while "outside of the US" since it would take a few days to arrive in Williston, VT; see 8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

 

A quick note that for "Date of Last Departure from the United States" field it would the upcoming flight date in that scenario.

Edited February 20, 2021 by HRQX

[Letspaintcookies 2,310]

23 minutes ago, StrawberryKiss said:

Sure, but it still proves that your statement was incorrect and that it is possible, which might still be useful information to others. 

If you would read my comment again I said 'most likely' and not 'absolutely without a doubt'. Many others hadn't had the luck you had and that is something that should be considered when you need to come back soon to wrap things up.

Edited February 20, 2021 by Letspaintcookies

[Crazy Cat 41,904]

2 minutes ago, tom3227 said:

Should out to the sloths at USCIS for taking 36 months to process an application and made me realize I don't wanna live in the US.

Good luck.  I hope you find happiness back home.  I know that Australia is nice!!!!  I enjoyed visiting there in 2015....Sydney, Uluru, Cairns, snorkeling off the Great Barrier Reef. I had a wonderful time.....  I plan to go back....

[StrawberryKiss 170]

16 hours ago, Letspaintcookies said:

If you would read my comment again I said 'most likely' and not 'absolutely without a doubt'. Many others hadn't had the luck you had and that is something that should be considered when you need to come back soon to wrap things up.

Oh I did, but "even if you abandoned your status here so just coming back with that won't work" made it sound as if it wasn't possible at all

[poh 125]

On 2/19/2021 at 10:31 AM, tom3227 said:

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. 

After seeing the chaos during the Tr@@@ presidency,  I would want to leave USA,  too.  Australia must 😅be nice place to live.  I am sure everything will work out at the end.  Good luck to you 

Edited February 22, 2021 by poh