By Debbie MacGoldrick

Surrending Status

“I RECEIVED a green card through a good job I had in the U.S. three years ago. I have since come home to Dublin and I’m very happy here. But I would like to go back to the U.S. for holidays now and again. I want to get rid of the green card and travel on a 90-day visa. I think there’s a way to do this, but I’m not sure how. Can you help?”

YOU’LL need to go to the American Embassy in Dublin and file a form called I-407, “Abandonment of Lawful Permanent Resident Status.” There is no filing fee to submit the form.

An approved I-401 allows the applicant to give up the green card, and return to the U.S. in non-immigrant status. It also does not impact on a possible future return to the U.S. as an immigrant, should the occasion arise. However, the green card that you currently hold will be surrendered for good, and will not be re-claimable at a later time.

The I-407 is fairly standard. It asks the applicant to affirm that immigrant status is being surrendered voluntarily and willingly. At the time of application, the applicant will have to surrender the physical green card.
The form is only a page long, but it must be filed in person. The approval usually comes in the same day.

You seem to be very certain that Ireland is where your future lies, but just make sure you’ve thought the situation through. Obtaining a green card is no easy feat; even if you do qualify for one based on your employment background, the process of actually getting it requires much time and paperwork, as you undoubtedly already know.

Permit Extension
“I AM writing to you from Ireland. Almost 18 months ago I returned home. I won a diversity lottery green card in 2002. Before I returned home I applied for, and received, an I-131 permit which allows me to be out of the country for two years. I believe I can have this extended, which is what I would like to do as I’m not yet ready to return to the U.S. Is this possible? Can I go to the American Embassy for an extension? It would hard to leave my job here now.”

THE I-131 re-entry permit which you currently have is not extendable. However, you can apply for a new permit, but you would have to return to the U.S. in order to do so.

If you have aspirations to eventually return to the U.S. then you should make it a priority to travel here to take care of this matter, as your green card will not be good for re-admission once the expiration date on the permit passes. You do not have to wait here for a new permit to be issued – it can be mailed abroad to a U.S. consular post for collection – but it’s essential that you’re here to file the paperwork.