Record of Abandonment of Lawful Permanent Resident Status

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
SORN-DHS-USCIS-ICE-CBP-001.pdf	Supplementary Document	Uploaded 2019-02-28	Repair queued
SORN-DHS-USCIS-007-BIS.pdf	Supplementary Document	Uploaded 2019-02-28	Available
I407-INS-TOC-Rev-30Day-01302019.docx	Supplementary Document	Uploaded 2019-02-28	Available
I407-FRM-TOC-Rev-30Day-01092019.docx	Supplementary Document	Uploaded 2019-02-28	Available
I-407 REV Supporting Statement.docx	Supporting Statement A	Uploaded 2019-02-28	Available
I-407 30 Day FRN.pdf	Supplementary Document	Uploaded 2019-02-28	Repair queued
I-407 60 Day FRN.pdf	Supplementary Document	Uploaded 2019-02-28	Available
PIA - PIA-016(a)-CLAIMS 3.pdf	Supplementary Document	Uploaded 2017-01-25	Available
PIA - PIA-009 -CIS.pdf	Supplementary Document	Uploaded 2017-01-25	Available
PIA - PIA -051 CAMINO.pdf	Supplementary Document	Uploaded 2017-01-25	Available
Reference Citations - INA 101.docx	Supplementary Document	Uploaded 2017-01-25	Available
Reference Citations - 8 USC 1101.docx	Supplementary Document	Uploaded 2017-01-25	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
212463	Record of Abandonment of Lawful Permanent Resident Status	Other-Web Site Information for Form I-407	Modified

ICR Details

OMB Control No: 1615-0130	ICR Reference No: 201902-1615-011
Status: Active	Previous ICR Reference No: 201701-1615-006
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-407
Title: Record of Abandonment of Lawful Permanent Resident Status
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/16/2019
	Date Received in OIRA: 03/19/2019
Terms of Clearance: Approved for two years due to partial Government Paperwork Elimination Act compliance.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2021	36 Months From Approved	05/31/2019
Responses	13,800	0	12,527
Time Burden (Hours)	4,554	0	3,132
Cost Burden (Dollars)	3,381,000	0	3,069,115

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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:
	83 FR 55198	11/02/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 4521	02/15/2019
Did the Agency receive public comments on this ICR? Yes

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

table that charts list of burden

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

table that charts list 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	13,800	12,527	0	0	1,273	0
Annual Time Burden (Hours)	4,554	3,132	0	0	1,422	0
Annual Cost Burden (Dollars)	3,381,000	3,069,115	0	0	311,885	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: There has been an increase of 1,422 in the burden hour inventory. This is due to an increase in the number of respondents estimated to submit this form. The estimated total annual cost burden has increased due to a revised higher estimate of the number of respondents to the collection of information.

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Annual Cost to Federal Government: $138,000

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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: 03/19/2019

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