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  • Surrender of Green card

    Hi guys. Can anybody throw some light on the following issues
    1. Is it possible for the green card holder,(parent of US citizen) to legally surrender her/his green card card.
    2. Can she/he get a visitor visa after surrender of green card
    3. Can she/he apply for green card again after some years.
    I would appreciate an laws or regulations governing these issues.

  • #2
    Hi guys. Can anybody throw some light on the following issues
    1. Is it possible for the green card holder,(parent of US citizen) to legally surrender her/his green card card.
    2. Can she/he get a visitor visa after surrender of green card
    3. Can she/he apply for green card again after some years.
    I would appreciate an laws or regulations governing these issues.

    Comment


    • #3
      I would think that it would be possible. I don't know if it would affect a persons chances of being able to get a visitor's visa later. I don't think they could deny the person based on immigrant intent, since that person would never have surrendeered the card in the first place if they did have such an intent........I would browse around on the Dept of State web site and see if you can find a 800 number to call or something.
      Have a nice day

      Comment


      • #4
        Hi Javed,

        is this about your cousin?
        Has he contacted the embassy and asked those questions?

        Posted May 28, 2005
        "Hi Javed,

        Your cousin can contact the US Embassy in his country and ask about the procedure. Basicly, one fills out the form I-407 -Abandonment of Lawful Permanent Resident Status, returns the Green card and should keep the receipt.
        He may apply for non-immigrant visa any time after that. If he is the citizen of a country that participates in the Visa Waiver program, he may use that program to enter the US ( no visa needed)."

        Comment


        • #5
          It would be interesting to learn what would be the final result in case he is not a citizen of a Visa Waiver Program country

          Comment


          • #6
            Thanks friends for your responses.
            I would appreciate if somebody quote the law governing these issues.

            Comment


            • #7
              Why surrender green card? Is the person abandoning their permanent residency? If so, it would be difficult to obtain another one, I would imagine.

              Comment


              • #8
                Javed, governing what issue?

                Answers to your questions:
                1. that's what the form I-407 is for
                2. and 3. Read the conditions for the nonimmigrant and immigrant visas. That will be considered.

                Still not convinced? Most US embassy' web-sites have information about how to do it and what it means.
                "Once the I-407 is completed, you will revert to your previous status as a non-immigrant and may apply for admission into the United States in the manner of any other person of common nationality. This includes the use of the Visa Waiver Program, provided you meet the normal criteria for that program.
                Abandoning your Permanent Resident Card and status does not affect your ability to apply to immigrate to the United States at some future time. However, you will have to begin the process anew and apply through the usual application process"

                Some PRs are "forced" to abandon LPR status at POE. Even they can be admitted:
                (a) General. There are several possible actions when the inspecting officer has reason to believe an alien seeking admission with an alien registration card or SB-1 visa has actually abandoned lawful permanent residence.Refer to the discussion in Chapter 13 on this subject. In some instances, the applicant voluntarily wishes to relinquish his or her alien registration document and either enter as a nonimmigrant or depart from the U.S. immediately. Most often such aliens will already be in possession of a nonimmigrant visitor's visa. The inspecting officer must never coax or coerce an alien to surrender his or her alien registration document in lieu of a removal hearing.
                (b) Procedure for documenting abandonment of residence. In a situation where the alien does voluntarily
                relinquish his or her alien registration card, complete Form I-407, Abandonment by Alien of Status as Lawful
                Permanent Resident. The alien must sign the I-407, acknowledging that the action is strictly voluntary. Execute
                Form I-89, completing the appropriate blocks if the alien is surrendering Form I-551, Alien Registration Receipt Card. If the alien is surrendering a previous edition, Form I-151, no I-89 is required. Ordinarily, you should take a sworn statement in addition to completing Form I-407. Forward the I-89 to the Immigration Card Facility and the I-407 to the appropriate files control office for CIS data entry. Admit the alien as a
                nonimmigrant, following normal procedures for aliens with visas, or exercising the visa waiver option pursuant
                to section 212(d)(4) of the Act or under the Visa Waiver Pilot Program.
                If the alien chooses to immediately depart the U.S., advise the alien that he or she may still be entitled to issuance of a temporary alien registration card, for reentry and a removal hearing, as described above in Chapter 17.6(d).
                That's from Inspector's Field Manuel. 17.6(d) has to with LPR's that appear inadmissible.

                Comment


                • #9
                  aneri, you an attorney?

                  Comment


                  • #10
                    No NJ, I am not. How about you ?

                    Comment


                    • #11
                      Thank you Mr.Aneri for your post. It is of great help. By the way which Act of chapter 13 you are referring in your post??

                      Comment


                      • #12
                        I copied the part of the Manual that refers to a procedure for abondonment of GC at POE. It starts from
                        "(a) General...." and the quotation ends with "..as decribed above in Chapter 17.6(d)."
                        Sorry I missed the quotation marks.

                        Chapter 13.1 Inspection of Returning Lawful Permanent Residents
                        .....
                        "In addition to considering the general grounds of inadmissibility applicable to returning residents, such as
                        public charge, there are several things you should be aware of:
                        .
                        .
                        - an LPR who has been outside the United States for more than one year (two, if presenting a reentry
                        permit), may have abandoned residence. Other indicators of possible abandonment of residence are
                        employment abroad, immediate family members who are not permanent residents, arrival on a charter flight
                        where most passengers are non-residents with return passage, lack of a fixed address in the U.S., or frequent
                        prolonged absences from the United States. In questionable cases, it is appropriate to ask for other
                        documentation to substantiate residence, such as driver's licenses and employer identification cards.
                        [Procedures for processing abandonment of residence cases are discussed in Chapter 17.10]"

                        Comment


                        • #13
                          Yes, aneri I am. Just learning immigration law as I go along.

                          Comment


                          • #14
                            Dear Aneri
                            Thanks again for your help. Pls let me know where can I find Manual you have referred to in your post.

                            Comment


                            • #15
                              Aneri: You had gained good knowledged about the FAM INA plus CFR: I can seen that from time to time, I read your discusstion on this board.
                              I hope he under stand the law and follow the correct path.
                              Wish him best of luck.

                              Comment

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