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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107995
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I would like to voluntarily abandon my Green Card, how do I

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I would like to voluntarily abandon my Green Card, how do I go about doing it?
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.



I may have an option for you if you would like to explore it. How did you get your Residency? When do you believe you can come back permanently? 4 years perhaps?
Customer: replied 3 years ago.

I got my residency c/o my son who is an American citizen. Coming back permanently is impossible taking into account health expenses in USA. All I need is a multiple visa valid for 10 years whiche allows me to return to the USA and stay for 6 month each time. To my understanding that is possible if it is requested in my country of origin (Italy). If so I have no reason to keep my Green Card and would travel to the USA on long visits only.


Back to my 1st question how do I abandon my card without irritating an Immigration office?

Well, I will go through your options for you anyway:


1) You can file for a Re-Entry Permit with form I-131 before you leave the U.S. which would allow you to be outside of the U.S. for up to 2 years without abandoning your Residency status. Then you can come back to the U.S. before the Re-Entry Permit expires, or you can come in and out as you like, but when it gets close to expiring, you can file a new Re-Entry Permit and get 2 more years and you can do the same thing and then after that you can continue to do that but you would be able to only do them for a year at a time. This has the added benefit of you keeping your green card and being able to use that often and be more assured of an entry into the U.S.


2) You can leave the U.S. and when you apply for a B-2 tourist visa, you also file an I-407 with the U.S. Embassy or Consulate so what you would be doing is abandoning your Residency at that time in order to be able to get an approval of the B-2 and not have a gap where you have no ability to enter the U.S.


Do not worry about irritating anyone. It is perfectly understandable to abandon it and they will respect it and they will not get offended that you do not want it anymore. So do not worry about that.

If you do option #2, then like I said, you do the B-2 and the I-407 at the same time. Here are two links:


http://travel.state.gov/visa/temp/types/types_1262.html




http://photos.state.gov/libraries/164203/dhs/I-407.pdf




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