Formal Abandonment of LPR Status
Formal Abandonment of Lawful Permanent Resident (LPR) Status is a legal process that allows individuals holding U.S. green permanent resident cards (i.e. green cards) to voluntarily and officially relinquish their permanent residency. This decision is often made when individuals no longer wish to reside in the United States to return to their home country or have plans to establish their permanent residence elsewhere.
The individual who wishes to abandon their lawful permanent resident status would prepare and file the Form I-407, Record of Abandonment of Lawful Permanent Resident Status with the necessary supporting evidence, including their original green permanent resident card.
Once USCIS receives the Form I-407 and any supporting documentation, they will review the application. If everything is in order, they will issue a final determination confirming the abandonment of LPR status.
It’s generally recommended to have a reentry strategy for any desired future U.S. travel which aligns with the planned activities in the United States. For example, individuals who simply wish to occasionally travel to the U.S. to visit friends and not engage in any productive work activities may apply for a B-1/B-2 visitor visa, and individuals with significant business interests in the United States may wish to apply for an L-1A Executive visa or an E-2 Treaty Investor (i.e. entrepreneur) visa to minimize the potential for issues or concern regarding unauthorized employment while in the U.S.
In addition to seeking the appropriate U.S. reentry strategy or temporary nonimmigrant visa, it’s also helpful to request that the visa be annotated with “Former LPR” or “Former Lawful Permanent Resident.” The reason for requesting the annotation is that temporary nonimmigrant visas generally require nonimmigrant intent upon application at the Consulate and seeking admission with U.S. Customs and Border Protection (CBP), so it’s helpful to show this annotated visa when traveling to the U.S. to minimize the potential for issues with CBP.
- Tax Obligations – Individuals should consult with an accountant, CPA, or tax lawyer regarding U.S. tax obligations surrounding the abandonment of LPR status.
- Reentry Issues – Abandoning LPR status may impact future attempts to enter the U.S. Individuals may need to apply for a visa if they wish to visit or reside in the country again.
- Document Retention – It is important to retain a copy of the Form I-407 and related documentation, including USCIS’s confirmation, for personal records and potential future visa applications.
Formally abandoning LPR status is a significant decision that requires careful consideration of personal and legal implications. Individuals contemplating this process should seek legal advice to ensure compliance with all requirements and to address any potential challenges.
The above is informational and not intended to be legal advice. Please consult with an experienced business immigration attorney on your specific facts and circumstances before proceeding with any U.S. immigration strategy.