Konnekt

I want to file an I-407 (voluntary abandonment of LPR status), and consider doing it at a port of entry (airport) on my next visit to the US. In what status will I be admitted into the US after filing at the airport? (I don't need to apply for another status, such as VWP, before entering, right?)

In case it's relevant, my greencard expires shortly after the planned entry. Had it, and LPR status, since 2009.

Any information appreciated! (Preferably authoritative references, but anecdotes from people with personal experiences also welcome!)

newacct

What makes you think they will admit you to the US if you are relinquishing permanent residency and don't have any other basis (ESTA, visa) to be admitted as a nonimmigrant?

scrubbedexpat099

They may parole you in.

Rete

Use the card to enter the US and then from the US complete the form and mail it back to the USCIS. Why take chances on being allowed to enter.

Konnekt

Nothing! That's why I asked. Their webpage and the form itself mention the option of filing I-407 at port of entry, and I figured I wasn't eligible for ESTA as long as I still have the greencard. For the option to make sense, I figured perhaps the filing does not take effect immediately?

Now that filing at the embassy is no longer an option, it seems that port of entry is the only in-person option?

Konnekt

I was worried about the mail being lost, and thounght in-person filing would be preferable. Possibly a misconception. Another option is filing by mail from outside the US, then postpone this particular trip until I receive confirmation. (But then what do I do if I never hear back?)

Noorah101

I would mail out the I-407 now and then apply for ESTA so you can travel on the VWP by the time of your trip. Don't expect a confirmation on the I-407, just keep a photocopy of what you mail out, and the date.

Rene

Konnekt

Ok, so perhaps filing at port of entry is just not a good idea. May I ask if this is based on first hand knowledge or just a hunch? (Both are appreciated!)

Any advice for how long I should wait from mailing till applying for ESTA, if I mail from outside the US? (Europe / UK, say)

Noorah101

It based on posts I've read on here, no personal experience, sorry.

Since you probably won't get an acknowledgment from USCIS, I'd say you can apply for ESTA soon after sending the I-407.

Rene

civilservant

Why not file the abandonment at the airport on the way out of the US? Seems to tick both boxes.

newacct

According to the instructions, you can only file the form if you are outside the US or at a port of entry, or were admitted to the US as a nonimmigrant or paroled in. You cannot file it if you are in the US and admitted as a permanent resident.

newacct

I think filing it at a port of entry is usually when the officer refuses to admit you as a permanent resident because you have been out for more than 1 year and they think you have abandoned residence, where they will pressure you to sign I-407 to voluntarily give up your green card (otherwise they would put you in removal proceedings to revoke your green card). But even if you voluntarily sign I-407 to give up your green card, there is no guarantee they will admit you as a nonimmigrant or parole you in; they can still have you sent back.

Konnekt

I don't think I'll pass by a port of entry on my way out. I guess I could mail it just before leaving, but then I might as well mail it from outside.

Konnekt

Ok, thanks for the input. That is exactly why I thought the port of entry option sounded strange. Guess it makes sense if it's really for people pressured to do it.

Probably what I'll do is send it by certified mail from outside the US. They say processing time is 60 days, so I'll apply for VWP after that and see what happens.

gad33

Bear in mind this was a number of years ago and I was living in Canada at the time. I sent my green card to where ever and applied for ESTA the same day. I kept a copy of the form relinquishing the card. I have never received confirmation that the card was received. But that trip was the first time I wasn't questioned about my green card status.