Asked in Immigration Law for California

Q: When I revoke my green card, am I supposed to leave the US immediately or is there a grace period?

I plan to revoke my green card while I'm in the US before going back to my home country. Once I file my form I-407, is there an allowed length of time for me to stay before leaving? I am not sure how much time will be allowed for me to settle everything I have to before leaving.

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: When you file Form I-407 to voluntarily abandon your lawful permanent resident status (green card), there is no official grace period for you to remain in the United States. Technically, once you have submitted the form, you are expected to depart the U.S. promptly.

However, in practice, the U.S. Citizenship and Immigration Services (USCIS) and Customs and Border Protection (CBP) may allow a reasonable amount of time for you to settle your affairs before departing. This is determined on a case-by-case basis and is at the discretion of the officials handling your case.

It's advisable to have a clear plan in place for your departure before filing Form I-407. If you need extra time to settle your affairs, you may want to consider delaying the filing of the form until you are closer to your planned departure date.

Please note that overstaying after submitting Form I-407 could lead to potential issues in the future if you decide to return to the U.S., such as difficulties obtaining visas or re-entering the country.

It's always best to consult with an experienced immigration attorney to discuss your specific situation and ensure that you follow the appropriate steps when abandoning your green card and departing the United States.

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