Asked in Immigration Law

Q: If I submit I-407 (abandon PR status), do I need to wait for USCIS acknowledgment before entering the US as visitor?

I.e., will I need to show proof of receipt of the I-407 at the border or can I just show a copy of the submitted I-407?

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4 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: More information is needed. You may have other unfulfilled responsibilities with the U.S. Government. If not, hopefully you will have some verification.

In general, if you have re-established your employment and residence outside the U. S., then this can help facilitate the I-407 process. This assumes that you will have proof of filing and a copy of the form with any evidence.

The CBP at the port of entry has the discretion to admit, parole, detain, or summarily exclude all applicants for admission depending upon the situation.

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: Assuming no other issues, you should be okay if you intend to abandon and not simply reacquire status. You may want to give it a couple months after filing, since there may be no receipt.

There may also be no notice from USCIS, so it may eventually have to be done at the port, which can cause missed connecting flights.

Just have proof that you did file to abandon and have no intention at the time of admission to get LPR status back. CBP must presume that you have immigrant intent, but you can plan to overcome the presumption, if necessary.

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: Any admission on any visa to the United States a subject of scrutiny and you may understand that your admission is not guaranteed arriving today night stays especially after the abandonment of your lawful permanent residency status.

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

A: Technically you are not entitled to a visitor visa or ESTA if you are an LPR so it will need to be official that your status has been canceled.

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