Surrendering LPR Status for B-1/B-2
Posted Dec 15, 2006
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In a May 19, 2006 article from Murthy Immigration Services, Pvt. Ltd. (MIS), A Few of the Many Successful Cases, mention was made of their work in assisting an elderly couple to relinquish their green cards and obtain B-2 visitors' visas. While many MurthyDotCom and MurthyBulletin readers are trying hard to obtain green cards, relinquishing that status may be far from their realm of thinking. There are times, however, when individuals do chose to relinquish their green cards, but later wish to return for visits. This may be the case for older parents with adult children who are citizens of the United States. These children may petition to bring their parents over, but find that living in the U.S. does not work out for them as hoped.
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Some individuals immigrate to the U.S. while working, but wish to return to their home countries as they get older. Still others are younger people who want to return for family or business reasons. These individuals often have family members who remain in the U.S., whom they would like to visit. Those with jobs that require travel to the U.S. for business purposes have to apply for visitors' visas (B-1/B-2). The MIS article cited above provides some helpful information on the process of relinquishing a green card and applying for a visitor's visa, as summarized below.
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Visa Interview Abandoning GC Status
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The first step in the process is to set up a B-1/B-2 visa interview at the consulate. This can be scheduled online, using instructions provided on each consulate's website. At the interview, one will have to execute a Form I-407, Abandonment of Lawful Permanent Resident (LPR) Status. The purpose of the form is not only to document the relinquishment, but to establish that the abandonment is made knowingly, voluntarily, and willingly. The interviewing officer must make efforts to assure that the individual understands the action s/he is taking by abandoning permanent resident status. If the officer is convinced that the individual has the proper intention and understanding, the I-407 form will be accepted. The applicant will surrender the green card and any reentry permit/s in his/her possession.
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B-1/B-2 Visa Not Automatic upon Surrendering LPR Status
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The fact that the officer accepts the I-407 abandonment form certainly does not mean that the B-1/B-2 visa will be issued. In order to receive the visa, the officer must be satisfied that the individual meets the B-1/B-2 criteria. These include establishing that one is maintaining strong family and financial ties to the home country, that s/he will return to the home country at the end of the brief trip abroad, and that s/he has sufficient funds to cover the trip and related expenses while in the United States. One must also establish that the purpose of the trip is consistent with B-1/B-2 visitor status.
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Warning : LPR Status Can be Abandoned by Operation of Law
Nothing in this article should be interpreted to mean that the I-407 filing is the only way in which one could lose permanent resident status. Such status can be regarded as abandoned based upon time spent outside the U.S. and failure to maintain sufficient ties to the United States. More information on this topic is available in our April 19, 2002 article, Immigration Rumor : Travel by Permanent Resident, available on MurthyDotCom.
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