I-407 help?

[CraigP 1]

I have been living in the USA for 9 years as a permanent resident but plan to move back home to Australia on December 4th this year. I have been told by my financial advisor that I need to give up my U.S residency to be able to place my money into Australian superannuation.

What I need to know is if I send in a form I-407 now and it is processed in 60 days as they say, am I still legal to stay in the USA for the last month before I travel home? I called USCIS and they could not tell me what happens.

thanks.

[Vickys_Mom 225]

I am not an attorney or a financial advisor.

 

https://www.uscis.gov/sites/default/files/document/forms/i-407instr.pdf

 

> Include all Permanent Resident Cards, reentry permits, and/ or refugee travel documents in your possession when submitting your Form I-407.

 

If you give them your PR card, you won't have anything on you to prove your status here in the United States.  That seems like a Bad Idea.  You do that, something happens before you leave, and you have no easy way to prove you're here legally.  You might very well be legal, but why take a chance?

 

> 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.

 

That suggests you wouldn't file it while still here in the United States.  As an alternative:

 

> You may also submit Form I-407 to a U.S. Customs and Border Protection officer at a U.S. port of entry.

 

I have no idea what the practicality is of handing it to them on the way out of the country.  (The stories I hear on this board are from people who are trying to enter the U.S. with an out-of-status PR card.)

 

I'd argue that if you submitted the form, your PR card, and anything else "in your possession" as soon as practical *after* you left the United States, you are legal for whatever reasons you need to be.  I might try the port of "entry" that you're departing from just because they'd know what an I-407 is and what to do with it.

 

Keep copies of everything just in case.  Stuff gets lost.

 

Regards,

Vicky's Mom

[Mike E 11,739]

24 minutes ago, CraigP said:

What I need to know is if I send in a form I-407 now and it is processed in 60 days as they say, am I still legal to stay in the USA for the last month before I travel home?

No, once I-407 is received by USCIS, you are no longer an LPR, and if present in the U.S., your  presence is unauthorized. In the future that  could  cost you an opportunity at ESTA and a B visa.

 

[Boiler 45,486]

Personally I would send it in when you land back down under.

[EM_Vandaveer 2,408]

Move back first. Then file I-407.

[powerpuff 6,697]

~~ Topic moved from Removal of Conditions forum to General Immigration discussion ~~

[CraigP 1]

Looks like the general consensus is to wait until I leave.

Thanks for all the fast replies and help.

[Verrou 1,962]

+1 wait till u outside the US. there's no rush