"I-407 Advised" - What Does It Mean?

[I407]

Hello everyone,

I have been a LPR of US since 2003. I have never resided outside the US for more than a year but have been outside the counrty between 4 and 10 months at various times.

In short, since august 2003 (thts when i got my LPR status), I have been in US for 10 months but I have never been outside the US for more than a year.

This time when i arrived at the airport, I had a discussion with the immigration officer, and she wrote "I-407 advised" on my passport and she said she had put this information (I-407 advised) on her computer too.

My question is:

1) What is "I-407 advised"?
2) Does it effect my case for naturalization?
3) I dont plan to travel outside the US for more than 3 weeks in the next two years, is there a chance I will be asked to abondon my GC cos of such short visits?
4) Is there any place I could go to and find out my exact status that is at the immigartion? (as in how many days i was outside the country, how many days was i inside... because i wasnt keeping track of it?)

Any help regarding this matter will be greatly appreciated.

Thanks,
I407

[Mr. Knowitall]

1) What is "I-407 advised"?

The officer was apparently making an official record of his discussion with you, that your absences were raising a question as to whether you were in fact maintaining your permanent resident status, and that you could voluntarily abandon that status by filing an I-407.

2) Does it effect my case for naturalization?

If the USCIS decides that you were not maintaining lawful permanent resident status, then yes. Review this official guide.

3) I dont plan to travel outside the US for more than 3 weeks in the next two years, is there a chance I will be asked to abondon my GC cos of such short visits?

It's unlikely, but for specific advice you need to consult an immigration lawyer.

4) Is there any place I could go to and find out my exact status that is at the immigartion? (as in how many days i was outside the country, how many days was i inside... because i wasnt keeping track of it?)

You can check to see if the USCIS or Customs and Border Patrol maintain the records you want, and if they will provide you with the details of your travel.

[I407]

thanks for the quick reply Mr. Knowitall...u sure seem to be living ur handle :lol:

tonite i will check the links u provided me with and get back to u shud i have any clarifications?? (i hope its arrite?)...

thanks in advance for ur help!
I407

[Ling]

The officer was apparently making an official record of his discussion with you, that your absences were raising a question as to whether you were in fact maintaining your permanent resident status, and that you could voluntarily abandon that status by filing an I-407.


If the USCIS decides that you were not maintaining lawful permanent resident status, then yes. Review this official guide.


It's unlikely, but for specific advice you need to consult an immigration lawyer.


You can check to see if the USCIS or Customs and Border Patrol maintain the records you want, and if they will provide you with the details of your travel.

Hi,
Could you please clarify what is meant by "you could voluntarily abandon that status by filing an I-407"? Does that mean you could give up your GC at your own will? I would think no one would want to voluntarily do that. Just a little confused. Thanks.
-Ling

[Mr. Knowitall]

You can voluntarily give up your Green Card. It doesn't happen often.

[Ling]

You can voluntarily give up your Green Card. It doesn't happen often.

Hi Mr Knowitall,
Thanks for your prompt response. I am asking about ADV I-407 because the immigration officier had marked this on my aunt's passport when she was returning from outside of the US. Obviously she had no intention of giving up her GC. So my next question is if she wants to travel outside of the country again, would having a re-entry permit help her enter the US without any problem later on? Is there a risk that she might lose her GC even though she has the re-entry permit. Thanks in advance for your advice.
-Ling

[Mr. Knowitall]

I suggest you review this official information from the USCIS on the rights and responsibilities of permanent residents.

International Travel
A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

You can find more information about travel documents from "How Do I Get a Travel Document?"

Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
• Fail to file income tax returns while living outside of the US for any period.
• Declare yourself a “nonimmigrant” on your tax returns.