Albuquerque, NM asked in Immigration Law for New Mexico

Q: I'm sponsoring my dad's green card application. He previously gave up his GC and doesn't have an I-407 copy--what to do?

My dad married my US-citizen mom and lived in the US for some time on a marriage-based green card. They then moved abroad, and one day in the 1970s he was made to give it up at the port of entry when visiting the US (because he no longer lived in the US). He has no copy of an I-407, which seems necessary for me to fill out an I-130. What should be done? Can an I-407 be filled out retroactively?

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2 Lawyer Answers
Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: The I-407 is to be submitted when a person VOLUNTARILY gives up his status. Based on your post he did not do so voluntarily. You do not need the form. Use his A# from his previous green card.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: You shouldn’t need the I-407. There is nothing on the I-130 that requires information from it. The government will likely possess all needed information related to his earlier green card and his abandonment of residence.

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