Phillipsburg, NJ asked in Immigration Law for New Jersey

Q: Can I file form I-407, Abandonment of Lawful Permanent Resident Status instead of form i-751?

I currently have a conditional green card. I am supposed to submit form i-751 to remove conditions soon. However, I no longer wish to pursue my residency here in the united states. Am I able I file form i-407 to abandon permanent residency instead of i-751? I will be going back to my country.

I understand there are tax procedures as well. I have only been here a few years and the long-term resident exit tax does not apply to me.

I am mainly concerned with the proper procedure of filing form i-407 while I'm still a conditional resident. Thank you

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1 Lawyer Answer
Agnes Jury
Agnes Jury
  • Immigration Law Lawyer
  • Traverse City, MI

A: You do not need to file form I-751 if you wish to file form I-407. Your permanent residency will expire if you do not remove the condition anyways but it would be best to file form 407 so that USCIS is aware that you voluntarily gave up your residency, not that you failed to renew. Best wishes!

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