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  1. #1
    Join Date
    Nov 2005
    Posts
    106

    Default Relinquish My LTR - 8854 and I-407

    I migrated here Jul 2007 as I married an American girl. We have been going through the green card process since then (they lost all my paperwork on entry). In late Jul 2008 I was approved for the GC in an interview and was informed the card would be here in 60-90 days. We are still waiting for the GC as of today.

    We decided for family reasons to move back to my home country indefinitely. I do freelance web work and I have both Overseas and US clients.

    Therefore for tax purposes I need to relinquish my Long Term Residency status by filling out the form 8854 (IRS) and I-407 (USCIS).

    Ultimately I don't want to have to pay tax in the US in 2009 as we are leaving late Dec. The IRS determine the termination of residency as of when you notify Homeland Security of your abandonment through the form I-407. So my questions are:

    1.) Can I submit the form I-407 in the US?

    2.) Can I submit the form in front of a USCIS officer at a field office?

    3.) Where can I find the form I-407 online? (I have found this form on overseas US embassy sites, not sure if it's the same, otherwise it seems you have to request the form by post from a recorded phone service and we need it asap)

    4.) Form 8854 - I have only been in the country for 18 months. Therefore please confirm I will only enter last year (1st year before expatriation) and not my AU income for the years previous to that?

    Any help is greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Relinquish My LTR - 8854 and I-407

    The abandonment of lawful permanent resident status is irrevocable. Once you relinquish lawful permanent resident status you must qualify again for such status - starting the whole process over.

    If you wish to abandon your permanent residence and relinquish your Permanent Resident Card (Green Card), Form I-407 must be signed in person before an Immigration Officer. An appointment is not needed.

    Take all of the U.S. immigration documents that were previously issued to you (including but not limited to your Green Card (U.S. Resident Alien Card), Re-entry Permit, and Passports containing U.S. Immigration Admission Stamps) along with you. Those documents are to be submitted along with your completed Form I-407.

    You would want to do that when you're leaving the U.S., not before; if you abandon permanent residency before an immigration officer, and have no valid basis to remain in the country, you're going to be shown to the door (so to speak). As the form is normally obtained by people outside of the United States, I expect that you'll be able to find a downloadable version from the embassy or consulate website for your nation of origin.

    You can get IRS Form 8854 and instructions here.

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