Record of Abandonment of Lawful Permanent Resident Status

Forms and Documents

Document Name	Status
Form I-407 Record of Abandonment of Lawful Permanent Resident Status Form	New
I407-INS-30 Day-TOC-09192014.doc Supplementary Document	2014-10-02
I407-FRM-30 Day-TOC-09192014.doc Supplementary Document	2014-10-02
SORN - Benefits.htm Supplementary Document	2014-07-24
SORN - Alien Index.htm Supplementary Document	2014-07-24
PIA - CLAIMS 3.pdf Supplementary Document	2014-07-24
PIA - Central Index.pdf Supplementary Document	2014-07-24
Supporting Statement - Form I-407 (2015-2-25).docx Supporting Statement A	2015-02-26
Reference Citations - INA 101.docx Supplementary Document	2014-07-23
Reference Citations - 8 USC 1101.docx Supplementary Document	2014-07-23
Published 30-Day Notice -2014-1-24.docx Supplementary Document	2014-07-23
Published 60-Day Notice - 2013-9-20.docx Supplementary Document	2014-07-23

IC Document Collections

IC ID	Document Title	Status
212463	Record of Abandonment of Lawful Permanent Resident Status Form	New

ICR Details

OMB Control No: 1615-0130	ICR Reference No: 201401-1615-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-407
Title: Record of Abandonment of Lawful Permanent Resident Status
Type of Information Collection: Existing collection in use without an OMB Control Number	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 02/26/2015
	Date Received in OIRA: 10/17/2014
Terms of Clearance: Approved for two years due to partial GPEA compliance. In its next submission to OMB, DHS shall report on its efforts to reduce burden and confusion for applicants assessing tax liability to IRS.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2017	36 Months From Approved
Responses	9,371	0	0
Time Burden (Hours)	2,343	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Immigration and Nationality Act provides for the granting to an eligible alien the status of having been lawfully admitted to the United States for permanent residence ("LPR status"). Once an alien acquires LPR status, he or she has "the privilege of residing permanently in the United States as an immigrant." INA § 101(a)(20), 8 U.S.C. § 1101(a)(20). Section 101(a)(20) makes clear that this privilege continues so long as the person's status has not changed. INA § 101(a)(13)(C)(i), 8 U.S.C. § 1101(a)(13)(C)(i), in turn, acknowledges that abandonment of LPR status is one way in which a person's status can change. Neither the INA nor DHS regulations discuss, in detail, how one may abandon LPR status. Instead, this issue is developed through the precedent decisions of the Board of Immigration Appeals. The leading cases are Matter of Huang, 19 I&N 749 (BIA 1988) and Matter of Kane, 15 I&N Dec. 258 (BIA 1975). The essential element of abandonment of LPR status is moving abroad with the intent of living abroad permanently and of giving up one's right to live in the United States.

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Authorizing Statute(s): US Code: 8 USC 1101 Name of Law: Immigration Nationality Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 57869	09/20/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 4169	01/24/2014
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Record of Abandonment of Lawful Permanent Resident Status	I-407	Record of Abandonment of Lawful Permanent Resident Status

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	9,371	0	0	0	0	9,371
Annual Time Burden (Hours)	2,343	0	0	0	0	2,343
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $93,710

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/17/2014

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