U.S. Immigrant Visa for Humanitarian Reinstatement (Form I-407)

1. What information is needed to complete Form I-407?


To complete Form I-407, the applicant needs to provide personal information such as their full name, date of birth, country of birth, passport number, and immigration status (if applicable). The applicant must also provide the USCIS office address where they intend to submit the form. Additionally, the applicant must disclose any family members who have also filed a Form I-407.

2. What is the purpose of Form I-407?


Form I-407 is an official form used by U.S. Citizenship and Immigration Services (USCIS) to document the voluntary abandonment of permanent resident status. It is generally used when an individual no longer wishes to maintain their permanent resident status in the United States and wishes to relinquish it.

3. How long does it take for a Form I-407 to be processed?


It typically takes around four to six weeks for a Form I-407 to be processed. However, processing times can vary, depending on the individual case and workload of the U.S. Citizenship and Immigration Services (USCIS).

4. How do I know if my Form I-407 has been approved?


You can check the status of your Form I-407 online with the USCIS case status tool, or you can contact the USCIS directly.

5. Who needs to sign the Form I-407?


The Form I-407 must be signed by the alien who is surrendering their lawful permanent resident status.

6. What documents do I need to submit with my Form I-407?


When filing Form I-407, you will need to submit the following documents:

• A valid passport
• A copy of your I-94 arrival/departure record
• Evidence of any lawful status held in the United States, such as a valid visa, Permanent Resident Card (green card), or other immigration documents
• A copy of any prior Form I-407 you have filed with USCIS
• Any other documentation that may support your request to abandon your permanent resident status

7. Are there any exceptions for filing a Form I-407?


There are no exceptions for filing a Form I-407. All individuals who have renounced their U.S. citizenship or permanent resident status must submit a Form I-407 to the U.S. Citizenship and Immigration Services (USCIS) to formally record the renunciation of their status.

8. Can I file a Form I-407 for humanitarian reinstatement if I was never a lawful permanent resident of the U.S.?


No, you cannot file a Form I-407 for humanitarian reinstatement if you were never a lawful permanent resident of the United States. The Form I-407 is only for individuals who were once Lawful Permanent Residents (LPRs) and had their status administratively or judicially terminated.

9. Is there a fee associated with filing a Form I-407?


Yes, there is a fee associated with filing a Form I-407. The fee is $444.

10. Does filing a Form I-407 guarantee that I will be approved for humanitarian reinstatement?


No, filing a Form I-407 does not guarantee that you will be approved for humanitarian reinstatement. The form is used to legally sign away your permanent resident status, and the decision to grant humanitarian reinstatement is up to a USCIS immigration officer who reviews the case.

11. Is there an appeal process if my Form I-407 is denied?


Yes. If your Form I-407 is denied, you may appeal the decision to the Board of Immigration Appeals (BIA) within 30 days of receiving the denial.

12. What happens if my application for humanitarian reinstatement is denied?


If your application for humanitarian reinstatement is denied, you may appeal the decision or reapply if you have new evidence to support your case. You may also be eligible to apply for an alternate form of immigration relief, such as asylum, withholding of removal, or protection under the Convention Against Torture.

13. How do I obtain evidence of my lawful admission or presence in the United States?


If you have been lawfully admitted to the U.S., your passport will have a stamp showing the date of entry into the United States. You may also have a Form I-94, Arrival/Departure Record, to show that you were lawfully admitted. This document can be obtained from U.S. Citizenship and Immigration Services (USCIS) or from Customs and Border Protection (CBP) at the port of entry. In addition, you can obtain evidence of your lawful presence in the U.S. from USCIS, such as a Form I-766, Employment Authorization Document, or a U.S. permanent resident card (green card).

14. Can I apply for humanitarian reinstatement if I do not have a valid passport?


No, you must have a valid passport to qualify for humanitarian reinstatement.

15. Are there any limitations on how long I can remain in the United States after filing Form I-407?


Yes, once you have filed Form I-407 with U.S. Citizenship and Immigration Services (USCIS), you must depart the United States within 180 days or risk being considered unlawfully present in the country.

16. What should be included in my cover letter when submitting a Form I-407?


Your cover letter should include the date of your signature on the Form I-407, your full name, address, and date of birth. It should also explain why you would like to revoke your U.S. lawful permanent resident status, as well as any additional information that supports your decision. Finally, you should include any documents that are relevant to your request.

17. Can someone else file a Form I-407 on my behalf?


Yes, a third party may file Form I-407 on your behalf. However, the form must be accompanied by a written statement signed by you authorizing the third party to do so.

18. Are there any restrictions on the type of humanitarian relief that may be considered when applying for reinstatement?


Yes. The type of humanitarian relief available under the program is limited and may include: deferred action, advance parole, prosecutorial discretion, or humanitarian parole. It does not include a waiver of inadmissibility or suspension of deportation.

19. What are the eligibility requirements for filing a Form I-407?


In order to file a Form I-407, you must meet the following requirements:

1. You must have been lawfully admitted to the United States under a nonimmigrant visa, such as a student visa or a tourist visa.

2. You must not have an immigration status at the time of filing.

3. You must have departed the United States voluntarily or been removed/excluded from the U.S., and not have entered the U.S. again without having obtained a new visa.

4. You must not have applied for any other benefit under the Immigration and Nationality Act (INA) since your last admission to the U.S.

20. How often can a Form I-407 be filed?


Form I-407 can be filed as often as necessary.