For Lawful Permanent Residents (LPRs) of the United States, long absences from the country can trigger complex immigration consequences — particularly when the absence exceeds 12 months without a valid reentry permit. Once the absence extends beyond two years, the presumption that the individual has abandoned permanent residency becomes even stronger.
In such cases, the individual may wish to voluntarily relinquish their LPR status at a U.S. port of entry using Form I-407, and at the same time request temporary admission into the United States as a visitor by filing Form I-193, Application for Waiver of Passport and/or Visa.
This article explores the practical and legal implications of this process and provides guidance for both noncitizens and practitioners.
🔍 The Legal Context: Abandonment of Permanent Resident Status
Under U.S. immigration law, LPRs are expected to reside primarily in the United States. Extended time abroad — especially beyond one year without a reentry permit, or two years or more — is often viewed as evidence of abandonment of residency under 8 C.F.R. § 211.1(b)(1).
Factors that signal abandonment include:
- Establishing a home or business abroad
- Filing taxes as a nonresident
- Family living abroad
- Lack of ties to the United States
When an LPR no longer intends to reside in the U.S., they may voluntarily surrender their green card using Form I-407, Record of Abandonment of Lawful Permanent Resident Status.
📝 Filing Form I-407: Voluntary Abandonment of LPR Status
Form I-407 can be filed:
- At a U.S. embassy or consulate abroad
- In person at a U.S. port of entry (with CBP)
- Or by mail to USCIS if still inside the U.S. and planning to leave
Once the form is processed and accepted, the individual immediately ceases to be a permanent resident. However, this does not bar them from visiting the U.S. in the future — as long as they enter under the appropriate nonimmigrant classification.
🛂 Reentering the U.S. as a Visitor: The Role of Form I-193
If the now-former LPR has not obtained a B-2 visitor visa, they may still request temporary admission as a visitor by filing Form I-193, Application for Waiver of Passport and/or Visa.
This form is used in limited, discretionary circumstances, and is filed in person with a CBP officer at a U.S. port of entry — not in advance and not online.
🔹 Requirements for Form I-193:
- The applicant must present compelling reasons for entry
- Must demonstrate temporary intent (no immigrant intent)
- Must show inability to obtain a visa in time or valid justification for not doing so
- Must pay the $695 filing fee (can be waived in rare humanitarian cases)
Common reasons for requesting I-193 include:
- Visiting a sick or elderly relative
- Settling personal affairs in the U.S.
- Accompanying U.S. citizen children to visit family
⚖️ CBP Discretion and Risk Management
CBP officers have complete discretion in adjudicating both the I-407 and I-193. The individual should be prepared to:
- Explain the reasons for abandonment
- Clarify the purpose and length of their visit
- Present strong evidence of ties to their home country
- Provide a return airline ticket
It’s also important to anticipate questions such as:
“Why didn’t you file I-407 abroad at the U.S. consulate?”
“Why don’t you have a valid B-2 visa?”
The response should be honest and focused on transparency and nonimmigrant intent.
✈️ Example Case: LPR Returning from India After 2 Years
Consider the case of an LPR who has been living in India for over two years, running a startup and raising a family with a U.S. citizen spouse. The entire family has relocated to India, and the LPR wishes to return to the U.S. briefly to stay with relatives for a few weeks. LPR does not have a B-2 visa.
At the port of entry, LPR may:
- Voluntarily file Form I-407 to abandon the LPR status
- File Form I-193 to request temporary admission as a visitor
With proper documentation — including a return ticket, proof of Indian residence, evidence of employment abroad, and an invitation letter from U.S. relatives — CBP may exercise discretion and allow entry as a B-2 visitor.
📎 Final Thoughts and Best Practices
While this pathway is legally viable, it is not guaranteed. and one has to:
- Carefully assess intent and facts
- Prepare clients with a declaration of purpose
- Provide a supporting documentation packet
- Consider whether applying for a B-2 visa in advance might offer a more secure option
🖋️ Conclusion
The intersection of I-407 and I-193 presents a rare but practical solution for former LPRs who wish to visit the U.S. temporarily after abandoning their status. By understanding the legal framework and preparing thoroughly, individuals — and their attorneys — can navigate this situation successfully, while maintaining compliance and integrity with U.S. immigration law.
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