Instructions Table of Changes

I407-INS-TOC-Rev-30Day-01302019.docx

Record of Abandonment of Lawful Permanent Resident Status

Instructions Table of Changes

OMB: 1615-0130

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TABLE OF CHANGES – INSTRUCTIONS

Form I-407, Instructions for Record of Abandonment of Lawful Permanent Resident Status

OMB Number: 1615-0130

01/30/2019


Reason for Revision: Revision, including updates to standard language.


Legend for Proposed Text:

  • Black font = Current text

  • Red font = Changes


Expires 03/31/2019

Edition Date 03/31/2017



Current Page Number and Section

Current Text

Proposed Text

Page 1, What Is the Purpose of Form I-407?

[Page 1]


What Is the Purpose of Form I-407?


Form I-407, Record of Abandonment of Lawful Permanent Resident Status, is designed to provide a simple procedure to record an aliens abandonment of status as a lawful permanent resident (LPR) of the United States. Use of Form I-407 also ensures that an alien abandoning their LPR status is informed of the right to a hearing before an immigration judge and that the alien has knowingly, willingly, and affirmatively waived that right.


[Page 1]


What Is the Purpose of Form I-407?


Form I-407, Record of Abandonment of Lawful Permanent Resident Status, is designed to provide a simple procedure to record an individual’s abandonment of status as a lawful permanent resident (LPR) of the United States. Use of Form I-407 also ensures that an individual abandoning his or her LPR status is informed of the right to a hearing before an immigration judge and that the individual has knowingly, willingly, and affirmatively waived that right.


Page 1, Who May Use This Form?

[Page 1]


Who May Use This Form?


Form I-407 is used by lawful permanent resident aliens who are outside the United States or at a Port of Entry who want to abandon LPR status. Generally, a parents abandonment of LPR status can be imputed to any minor children who return abroad with the parent. If a parent, custodian, or guardian chooses to file a separate Form I-407 on behalf of a minor child, it will be necessary to show that the parent, custodian, or guardian had custody of the minor child.








Form I-407 is also used by Department of Homeland Security (DHS) officers and Department of State (DOS) consular officers to record the facts relating to permanent resident aliens who abandon LPR status during an in-person interview or by correspondence.


[Page 1]


Who May File Form I-407?


Form I-407 is used by lawful permanent residents who are outside the United States or at a Port of Entry who want to abandon their LPR status. Form I-407 may also be used by individuals who were admitted into the United States as non-immigrants or paroled into the United States after abandoning a prior LPR status, and who now want to record that prior abandonment of LPR status. Generally, if a parent abandons LPR status, any minor children in that parent’s custody will also have abandoned their LPR status. If a parent, custodial parent, or legal guardian chooses to file a separate Form I-407 on behalf of a minor child, the parent, custodial parent, or legal guardian must show that he or she has custody of the minor child.


Form I-407 is also used by U.S. Department of Homeland Security (DHS) officials and U.S. Department of State (DOS) consular officers to record the facts relating to individuals who abandon LPR status during an in-person interview or by correspondence.


Page 1, General Instructions

[Page 1]


General Instructions


How to Fill Out Form I-407


1. Type or print legibly in black ink.


2. Answer all questions fully and accurately. If the answer to an item is none, type or print “NONE.” If the answer is not applicable, type or print “N/A.”


[Page 1]


General Instructions


How to Fill Out Form I-407


1. Type or print legibly in black ink.


2. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks, “Provide the name of your current spouse”), type or print “N/A” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None” unless otherwise directed.


3. Provide your Alien Registration Number (A-Number) on the top right corner of each page. Your A-Number is located on your Permanent Resident Card (formerly known as the Alien Registration Card). The A-Number on your card consists of a seven to nine digit number, depending on when your record was created. If the A-Number on your card has fewer than nine digits, place enough zeros before the first number to make a total of nine digits on Form I-407. For example, type or print number A1234567 as A001234567 or type or print number A12345678 as A012345678.


4. Your form must be properly completed, signed, and submitted. You must include all pages when you submit Form I-407.


Page 1, Specific Instructions

[Page 1]


Specific Instructions


Part 1. Information About the Alien


Item Number 1. Alien Registration Number. Enter Alien Registration Number (A-Number).













Item Number 2. USCIS Online Account Number (if any). If you have previously filed an application, petition, or request using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number you were issued by the system. You can find your USCIS Online Account Number by logging in to your account and going to the profile page. If you previously filed certain applications, petitions, or requests on a paper form via a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account Number can be found at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the space provided. The USCIS Online Account Number is not the same as an A-Number.


Item Numbers 3.a. - 3.c. Your Full Legal Name. Enter aliens name as it appears on the Permanent Resident Card if the document is presented or the information is known.


[Page 2]


Item Number 4. Date of Birth. Enter the aliens date of birth in month/day/year format mm/dd/yyyy.


Item Numbers 5. - 6. Country of Birth and Country of Citizenship or Nationality. Enter the name of the country of the aliens birth and the name of the country of the aliens citizenship or nationality. The name of the country should be the current name of the country.


Item Number 7. Date of Last Departure from the United States. Enter the date of last departure from the United States.



Item Number 10. Reasons for Abandonment. Enter the reasons for abandoning lawful permanent resident status.


Item Number 9. E-mail Address (if any). Provide an E-mail address where the alien can be reached.






Item Numbers 8.a. - 8.g. Mailing Address Abroad. Enter the aliens mailing address abroad.



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Item Numbers 11.a. - 12.c. Documents Surrendered and Location of Submission. Select the corresponding boxes of documents surrendered, list other documents surrendered, and select the corresponding boxes for location of submission.











Item Number 11.b. If selected, provide a detailed written statement explaining why the document cannot be surrendered. This statement should be signed under oath before a DHS or consular officer. If you cannot appear before a DHS or consular officer, then you must include in the statement, “I certify under penalty of perjury under United States law that this statement is true and correct.”


Item Numbers 13.a. - 13.c. Certification. The permanent resident alien, or if 17 years of age or younger, his or her parents, custodial parents, or legal guardians, must sign Form I-407 before it is accepted by DHS. If the lawful permanent resident is a minor 17 years of age or younger, then each legal parent, custodial parents, or duly appointed legal guardian must sign Form I-407 and consent to the submission of Form I-407. If the minor has only one legal parent, the sole legal parent can sign Form I-407, but must submit proof showing that any other parent has died, has had his or her parental rights terminated according to the law, or that the parent who is signing Form I-407 has sole legal custody of the minor. A guardian should submit letters of guardianship or other proof of the authority to sign for the minor lawful permanent resident alien.















Item Numbers 14.a. - 14.d. Parents, Custodial Parents, or Legal Guardian Name, Signature, and Date, (if applicable). The parents, custodial parents, or legal guardian must sign and print their name and date in this section if they are consenting to Form I-407 being submitted for the minor (17 years of age or younger) for whom they are responsible. They must also submit evidence to establish sole parental or custodial responsibility, if applicable.


Lawful permanent residents submitting Form I-407 by mail should carefully read the following section of the instructions regarding the rights of lawful permanent residents. If Form I-407 is completed in person, then before asking the individual to sign Form I-407, the DHS officer or the DOS consular officer must explain that:


By signing Form I-407, the alien waives the right to a hearing before an immigration judge who would decide whether the alien lost his/her legal permanent resident status due to abandonment. If the alien chooses a hearing before an immigration judge instead, the alien would have the right:


1. To be represented at no expense to the U.S. Government by an attorney or accredited representative;


2. To challenge any evidence that DHS may present against the alien;


3. To present evidence in the aliens favor;


4. To require that DHS prove, by clear, unequivocal, and convincing evidence, that the alien has lost his or her lawful permanent resident status through abandonment; and


5. To appeal a decision against the alien.



[Page 3]


Part 2. Certification and Signature of the Interpreter



If an interpreter is used to complete the form or at an interview, provide the interpreters signature and information.


Part 3. For Government Use Only


If the alien is interviewed, the interviewing DHS or consular officer must select Item Number 1. and complete Item Numbers 3. - 4.d. on the form.


If the alien is not interviewed, the DHS or consular officer must select Item Number 2., provide an explanation, and complete Item Numbers 3. - 4.d. on the form.


[Page 2]


Specific Instructions


Part 1. Information About You


Item Number 1.a. Alien Registration Number (A-Number). Enter your Alien Registration Number (A-Number).


Item Number 1.b. Your Name Exactly As It Appears on Your Permanent Resident Card (if applicable). Type or print your name exactly as it appears on your Permanent Resident Card even if it is misspelled or has changed through marriage, divorce, or other court order since you received your card. Type or print “N/A” if you do not have a Permanent Resident Card.


Item Number 2. USCIS Online Account Number (if any). If you have previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number you were issued by the system. You can find your USCIS Online Account Number by logging in to your account and going to the profile page. If you previously filed certain applications or petitions on a paper form through a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. You may find your USCIS Online Account Number at the top of the notice. The USCIS Online Account Number is not the same as an A-Number. If you were issued a USCIS Online Account Number, enter it in the space provided.



Item Numbers 3.a. - 3.c. Your Current Legal Name. Enter your current legal name.






Item Number 4. Date of Birth. Enter your date of birth in month/day/year formatted as mm/dd/yyyy.


Item Numbers 5. - 6. Country of Birth and Country of Citizenship or Nationality. Enter your country of birth and country of citizenship or nationality. The name of the country should be its current official name.



Item Number 7. Date of Last Departure from the United States. Enter the date of last departure from the United States (if known).


Item Number 8. Reasons for Abandonment. Enter the reasons for abandoning your lawful permanent resident status.


Item Number 9. Email Address (if any). Provide an email address where you can be reached.


NOTE: If you do not provide an email address and we need to contact you, processing of your form may be delayed.


Item Numbers 10.a. - 10.g. Mailing Address Outside of the United States. Enter your mailing address outside of the United States.


Item Numbers 11.a. - 11.g. Mailing Address Outside of the United States Written in a Language Used Where You Reside. Enter your mailing address outside of the United States written in a language used where you reside.


Item Numbers 12.a. - 13.d. Documents Returned and Location of Submission. Select the corresponding boxes for all documents you surrendered, list other documents surrendered, and select the corresponding boxes for location of submission. Submit all Permanent Resident Cards, reentry permits, and/or refugee travel documents in your possession. For Item Number 12.b., if you did not surrender your Permanent Resident Card, select one of the corresponding boxes explaining why you did not return the card. In addition, select and complete the certification statement in Item Number 12.c.


[deleted]











Item Numbers 14.a. - 14.c. Certification. You must sign Form I-407 before DHS or DOS accepts it.


If you are 14 years of age or younger, then your parent, custodial parent, or duly appointed legal guardian must sign and consent to the submission of your Form I-407. Your parent must submit evidence to establish his or her parental relationship to you, such as a birth certificate or a custodial parental agreement. Your legal guardian must submit letters of guardianship or other orders issued by a government agency or court authorized to make such appointments under the law governing the place where you reside.






If you are an incapacitated adult, then your duly appointed legal guardian must sign and consent to the submission of Form I-407. The legal guardian must submit an official letter of guardianship or other orders issued by a government agency or court authorized to make such appointments under the law governing the place of your residence.



[Page 3]


By signing the Form I-407, your parent, custodial parent, or legal guardian is consenting to Form I-407 being submitted for you.










You should carefully read the following section of the instructions regarding the rights of lawful permanent residents. If you submit Form I-407 in person, then before asking you to sign Form I-407, the DHS official or the DOS consular officer will explain that:



By signing Form I-407, you waive the right to a hearing before an immigration judge who would decide whether you abandoned your LPR status. If you choose a hearing before an immigration judge instead, you would have the right:



1. To be represented by an attorney or accredited representative as long as it is at no expense to the U.S. Government;


2. To challenge any evidence that DHS may present against you;


3. To present evidence in your favor;


4. To require that DHS prove by clear, unequivocal, and convincing evidence that you have abandoned your lawful permanent resident status; and



5. To appeal a decision against you.





Part 2. Interpreter’s Contact Information, Certification, and Signature


If an interpreter is used to complete the form or at an interview, provide the interpreters signature and information.


Part 3. For Government Use Only


If the individual is interviewed, the interviewing U.S. government official must select Item Number 1. and complete Item Numbers 3. - 4.e. on the form.


If the individual is not interviewed, the U.S. government official must select Item Number 2. and complete Item Numbers 3. - 4.e. on the form.


Page 3, What Is the Filing Fee?

[Page 3]


What Is the Filing Fee?


There is no filing fee for processing Form I-407.


[Page 3]


What Is the Filing Fee?


There is no filing fee for processing Form I-407.


Page 3, Where To File?

[Page 3]


Where To File?


Please see the USCIS Website at www.uscis.gov/I-407 or call the National Customer Service Center at 1-800-375-5283 for the most current information about where to file this form. For TTY (deaf or hard of hearing) call: 1-800-767-1833.


[Page 3]


Where To File?


Please see our website at www.uscis.gov/I-407 or visit the USCIS Contact Center at www.uscis.gov/contactcenter to get the most current information about where to file this form. Include all Permanent Resident Cards, reentry permits, and/or refugee travel documents in your possession when submitting your Form I-407. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf of hard of hearing) call: 1-800-767-1833.


Page 3, USCIS Privacy Act Statement

[Page 3]


USCIS Privacy Act Statement


AUTHORITIES: The information requested on this form, and the associated evidence, is collected pursuant to section 103(a)(3) of the Immigration and Nationality Act.


PURPOSE: The primary purpose for providing the requested information on this form is to provide a means for lawful permanent resident aliens of the United States to abandon their status.


DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay or prevent USCIS from processing your request to abandon your status.




ROUTINE USES: DHS may share the information you provide on this form with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records notices [DHS/USCIS-001 - Alien File, Index, and National File Tracking System and the DHS/USCIS-007 - Benefits Information System] which you can find at www.dhs.gov/privacy. DHS may also share the information, as appropriate, for law enforcement purposes or in the interest of national security.


[Page 3]


DHS Privacy Notice


AUTHORITIES: The information requested on this form, and the associated evidence, is collected under the Immigration and Nationality Act section 103(a)(3).


PURPOSE: The primary purpose for providing the requested information on this form is to provide a means for individuals to provide a record of abandonment of lawful permanent resident status.


DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay or prevent USCIS from processing your request to abandon your status.


[Page 4]


ROUTINE USES: DHS may share the information you provide on this form with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records notices [DHS/USCIS-001 - Alien File, Index, and National File Tracking System and the DHS/USCIS-007 - Benefits Information System] which you can find at www.dhs.gov/privacy. DHS may also share the information, as appropriate, for law enforcement purposes or in the interest of national security.


Page 3, Paperwork Reduction Act

[Page 3]


Paperwork Reduction Act


An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 15 minutes per response, including the time for reviewing instructions and completing and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0130. Do not mail your completed Form I-407 to this address.


[Page 4]


Paperwork Reduction Act


An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 20 minutes per response, including the time for reviewing instructions, gathering the required documentation and information, completing the form, preparing statements, attaching necessary documentation, and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0130. Do not mail your completed Form I-407 to this address.



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