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?
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.
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.
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
