Form I-407, to voluntarily waive the Green Card, and what immigrants need to know

The recent changes in immigration policy implemented by Donald Trump’s administration have not only put international travelers on alert, but also citizens who have their Green Card, and therefore are permanent residents. Different reports point to cases of people who have spent time outside the United States and when trying to enter, Customs and Border Protection (CPB) agents have pressured them to sign a form to voluntarily renounce their permanent resident status.

In one of the cases, which has gone viral on TikTok, a woman claims that her niece who had a Green Card was deported after returning to LAX from Laos. According to the testimony, she was told that people with less than two years of Green Card who leave the U.S. are not eligible to return, which is false. People with permanent resident cards can travel abroad for up to 180 days without any problem.

Despite this, there have been reports of some travelers that have been pressured or tricked into signing documents that put their immigration status at risk. One such document is the Form I-407, with which a person can voluntarily relinquish their Green Card status. With this, individuals who have spent years or decades in the United States as permanent residents can cease to be permanent residents, and risk deportation.

What is Form I-407?

Form I-407, Record of Abandonment of Lawful Permanent Resident Status, is used for an individual to inform the U.S. Citizenship and Immigration Services (USCIS) that he or she is voluntarily abandoning his or her status as a lawful permanent resident of the United States. Generally, this form is filed by individuals who wish to return to live in their home country after having permanent resident status in the United States. Likewise, there may be other reasons for voluntarily giving up the Green Card, however, many people may not realize that signing this form is not mandatory at the airport, even if an officer pressures them to do so.

When questioned alone and without legal advice, they may sign to waive their rights out of misinformation or desperation.

What should permanent residents know?

No CBP officer or other agency can force anyone to sign a Form I-407 or other document, and they do not have the authority to remove permanent resident status. Only an immigration judge can take away someone’s Green Card. One of the arguments made by officials is that if people spend too much time out of the country, they automatically lose their residency. However, this is false. Even if someone has spent more than a year outside the United States, they have the right to appeal in court, a right they can lose if they voluntarily give up their Green Card by filling out the form at the airport.

In the event that an officer asserts that a Green Card is no longer valid, the person has the right to request a hearing before an immigration judge. If detained for questioning, it is recommended that you remain calm and ask to speak with an immigration attorney before signing any documents, and do not sign anything that you do not fully understand.

For people whose Green Card is about to expire and who are out of the country, it is recommended to begin the renewal process to avoid problems when trying to re-enter the country.

Under the Immigration and Nationality Act (INA), Green Card holders who reside outside the United States for more than 180 days are considered as persons seeking “readmission” and may face inadmissibility issues upon return.

However, this is not the first time people have been forced to give up their permanent residency. During the Donald Trump administration, authorities went so far as to hand out Form I-407s on airplanes, pressuring travelers to give up their Green Cards mid-flight.