Form I-407 and Naturalization
Form I-407 is used to record voluntary abandonment of lawful permanent resident status. Once LPR status has been abandoned, the former resident cannot continue relying on that green card to satisfy the permanent-residence requirements for naturalization. A person may later qualify for permanent residence again, but the old LPR period does not simply resume.
Can You Naturalize After Signing Form I-407?
Not by relying on the LPR status that the person voluntarily abandoned.
USCIS uses Form I-407 to record that the person has abandoned lawful permanent resident status and updates its records to show that the person is no longer an LPR.
USCIS naturalization policy states that where an applicant has a completed I-407 and later seeks naturalization on the abandoned status, USCIS places the applicant in removal proceedings and denies the N-400.
A person can potentially obtain permanent residence again through a new qualifying immigration process. Future naturalization would then depend on that later lawful LPR status.
The Form Records Voluntary Abandonment of Lawful Permanent Resident Status
Abandons LPR Status
USCIS describes Form I-407 as the form used to voluntarily abandon lawful permanent resident status.
USCIS Updates the Immigration Record
USCIS states that it updates the person's immigration record to reflect that the filer is no longer an LPR.
The Old LPR Period Ends
The abandoned green-card period cannot simply be treated as continuing residence toward a later N-400.
Form I-407 May Be Submitted to USCIS or in Limited Circumstances at a Port of Entry
USCIS provides a domestic filing process for Form I-407 and may also accept the form through specified international procedures in rare circumstances.
CBP may accept Form I-407 from an LPR at a U.S. port of entry when the person chooses to relinquish permanent resident status.
The circumstances surrounding an airport or border I-407 can therefore be important when the former resident later asks what immigration status was actually surrendered.
A Person Can Abandon Permanent Residence Without Ever Signing Form I-407
Formal Record of Abandonment
Form I-407 provides documentary evidence that the LPR voluntarily recorded abandonment of permanent resident status.
Abandonment Without I-407
USCIS policy expressly states that an LPR does not have to execute Form I-407 in order to abandon permanent residence.
Long absences and objective evidence of an intent to reside abroad can independently support an abandonment allegation.
Abandonment Generally Turns on Whether the United States Remained the Permanent Home
USCIS evaluates whether the resident objectively intended to continue residing permanently in the United States.
Length of absence is important but is not the only factor.
Purpose of travel, continued U.S. ties, foreign employment, family, property, tax treatment, and the person's conduct during the absence can all matter.
Annual Visits Do Not Automatically Preserve Permanent Residence
USCIS specifically cautions against the common assumption that an LPR can preserve permanent resident status simply by returning to the United States once each year.
The legal focus remains whether the United States was actually the person's permanent residence and whether the trip abroad remained temporary in character.
A Reentry Permit Does Not Guarantee That LPR Status Was Preserved
Helpful Evidence
A reentry permit can support an argument that the LPR intended to return to the United States after a temporary stay abroad.
Not Conclusive
USCIS expressly states that a reentry permit does not automatically preserve LPR status or guarantee that the person did not abandon residence.
Claiming Nonresident-Alien Tax Treatment Can Create an Abandonment Presumption
USCIS policy provides that voluntarily claiming special tax exemptions as a nonresident alien, or failing to file federal or state returns because the person considered themselves a nonresident alien, raises a rebuttable presumption of LPR abandonment.
That issue can exist even where no Form I-407 was filed.
Tax filings should therefore be reviewed before naturalization where the applicant lived abroad for an extended period.
You Cannot Use the Abandoned LPR Status to Satisfy INA §318
Ordinary naturalization requires the applicant to be lawfully admitted for permanent residence and to maintain the required LPR status through the naturalization process.
Form I-407 records that the earlier permanent resident status was voluntarily abandoned.
A later N-400 cannot simply treat that prior green-card period as if the abandonment never occurred.
Signing I-407 Does Not Permanently Prohibit a New LPR Application
CBP expressly states that giving up LPR status does not prevent a person from applying for permanent residence again if the person later qualifies and is admissible.
Old LPR Status
The old permanent residence ended when it was abandoned and ordinarily cannot be used as the basis for later naturalization.
New LPR Status
A person who later lawfully obtains permanent residence through a new immigrant visa or adjustment may eventually naturalize based on that later status if all applicable requirements are met.
A Later Green Card Does Not Normally Restore the Old Continuous-Residence Period
LPR Period Before I-407
The applicant previously held lawful permanent residence until that status was abandoned.
I-407 Ends That Status
The person no longer remains an LPR through the period between abandonment and any later reacquisition of permanent residence.
Naturalization Uses the New Status
A later N-400 generally must rely on the qualifying permanent-residence period arising from the new lawful LPR admission or adjustment.
Obtain the Actual CBP Record Before Deciding What Happened
Some former LPRs remember being questioned after a lengthy absence and signing documents at secondary inspection without retaining copies.
The CBP record should be obtained to determine whether the person actually signed Form I-407, was processed as an applicant for admission, was paroled, or was placed into proceedings.
If the validity or voluntary nature of the I-407 itself is disputed, that underlying issue requires careful legal analysis rather than assuming a later N-400 can simply disregard the document.
Current USCIS Naturalization Policy Calls for Denial Where the Applicant Relies on Abandoned Status
Completed I-407
USCIS's naturalization policy states that if an applicant has a completed I-407 and subsequently seeks naturalization based on the abandoned status, USCIS places the applicant in removal proceedings and denies the naturalization application.
No I-407
Absence of an I-407 does not prove that permanent residence was maintained. USCIS may still allege abandonment based on objective evidence of residence and intent.
An Immigration Judge Ultimately Determines Contested Abandonment in Removal Proceedings
Where USCIS concludes during naturalization that the applicant failed to establish maintenance of LPR status, current policy provides for issuance of an NTA where consistent with governing guidance and denial of the N-400.
USCIS policy states that an immigration judge makes the final determination as to abandonment in that contested setting.
An LPR does not lose status merely because USCIS raises an abandonment allegation; the procedural posture and any final court order matter.
Abandonment Is More Serious Than Merely Breaking Continuous Residence
A long trip can break continuous residence for naturalization without necessarily terminating permanent resident status.
Abandonment is different: it concerns whether the person ceased to maintain the United States as the permanent residence and thereby lost the underlying LPR status.
The legal consequences and available strategies are therefore substantially different.
Being Allowed Back Into the United States Does Not Automatically Resolve an Abandonment Problem
USCIS policy states that a naturalization applicant may still fail to establish maintenance of LPR status even if CBP previously permitted the applicant to enter as a returning permanent resident.
CBP Permitted Entry
That fact can be relevant evidence, but the port-of-entry event does not necessarily decide the later naturalization abandonment inquiry.
USCIS Alleges Prior Abandonment
USCIS may examine the overall residence history and, if it concludes status was abandoned, may deny naturalization and initiate removal proceedings according to current policy.
Confirm Whether Form I-407 Exists Before Filing
A former or returning resident may not remember whether a document signed at a consulate, airport, or land border was Form I-407.
USCIS and CBP records can establish whether the government recorded abandonment, whether the green card was surrendered, and how later entries were processed.
This can materially change whether naturalization should be filed at all under the person's current immigration history.
How to Analyze a Form I-407 History
Obtain the I-407
Verify that a completed form exists and identify when, where, and under what circumstances it was executed.
Establish the Abandonment Date
Determine when the old permanent resident status ended.
Review Immigration Status After I-407
Identify every later visa, admission, parole, immigrant petition, and adjustment application.
Determine Whether LPR Status Was Reacquired
A later immigrant visa or adjustment may establish a new period of permanent residence.
Calculate Naturalization From the Correct LPR Period
Do not combine the abandoned LPR period with a later new grant of permanent residence as though status had been continuous.
Review Any Disputed Abandonment Issue
If the I-407 or abandonment itself is disputed, determine what separate legal procedure may be necessary before relying on the old status for naturalization.
An I-407 Problem Usually Cannot Be Solved by Arguing Good Moral Character
The central issue is not ordinarily whether the former resident is a good person.
Naturalization requires qualifying lawful permanent residence. Therefore, the response must address whether LPR status was abandoned, whether the I-407 applies to the status being used for N-400, and whether the applicant later acquired a new lawful permanent resident status.
If USCIS incorrectly treated a later lawful grant of permanent residence as though it were the abandoned status, that factual or legal error may be challengeable.
Form I-407 & Naturalization FAQs
What is Form I-407?
It is the Record of Abandonment of Lawful Permanent Resident Status, used to voluntarily record abandonment of LPR status.
Does signing I-407 cancel my green-card status?
USCIS uses the form to record that the person has voluntarily abandoned LPR status and updates its records accordingly.
Can I naturalize using the green card I surrendered on I-407?
No. The abandoned LPR status cannot simply be used as continuing permanent residence for naturalization.
Is signing I-407 a permanent ban on ever getting another green card?
No. CBP expressly states that relinquishing LPR status does not prevent a future permanent-residence application if the person later independently qualifies and is admissible.
What if I later received a new green card?
Future naturalization can potentially be based on the later lawful LPR status if all naturalization requirements are satisfied.
Can I count the years from my first green card toward the new one?
Ordinarily the abandoned period cannot simply be combined with a later new LPR period as though permanent resident status had remained continuous.
Can USCIS deny N-400 because an I-407 is in my file?
Yes where the applicant is attempting to naturalize based on the permanent resident status recorded as abandoned.
Can USCIS allege abandonment even if I never signed I-407?
Yes. USCIS expressly states that abandonment can occur without the resident formally filing I-407.
Does living abroad for more than one year automatically mean I abandoned my green card?
Length of absence is important, but USCIS evaluates intent and the totality of circumstances rather than using length alone as the only abandonment factor.
Does returning to the United States once every year preserve my green card?
Not automatically. USCIS specifically warns that periodic visits do not necessarily preserve LPR status for a person actually residing abroad.
Does a reentry permit guarantee that I did not abandon residence?
No. A reentry permit can be relevant evidence of intent to return, but USCIS states that it does not automatically preserve LPR status.
Can nonresident tax filings affect abandonment?
Yes. USCIS treats certain voluntary nonresident-alien tax positions as creating a rebuttable presumption of abandonment.
Can CBP make me sign I-407 at an airport?
CBP may accept an I-407 at a port of entry when an LPR chooses to relinquish status. If the circumstances or validity of the form are disputed, the actual CBP record should be reviewed.
What if I do not remember signing I-407?
Obtain USCIS and CBP records to determine whether a completed Form I-407 exists and what occurred during inspection.
Does being admitted later with my old green card prove I never abandoned residence?
Not necessarily. USCIS states that later admission as a returning LPR does not by itself prevent a subsequent abandonment determination.
What if USCIS alleges abandonment but there is no I-407?
The applicant can present evidence of continued intent to maintain the United States as the permanent residence. A contested abandonment determination may ultimately be addressed in removal proceedings.
Is abandonment the same as breaking continuous residence?
No. A person can break continuous residence for naturalization without necessarily losing LPR status. Abandonment concerns the permanent resident status itself.
Should I file N-400 if I previously signed I-407?
The immigration history should be reviewed first to determine whether the applicant later reacquired LPR status and which permanent-residence period can legally support naturalization.
Continue Reviewing Permanent Residence
Form I-407, Abandonment & Naturalization
Signed I-407 or Unsure Whether Your Green Card Was Abandoned?
The Messersmith Law Firm, P.A. represents clients in complex naturalization matters involving Form I-407, abandonment of lawful permanent residence, long absences, reentry permits, later green-card applications, INA §318, removal proceedings, N-400 denials, and N-336 hearings.
Request an I-407 History ReviewThis website provides general information and does not create an attorney-client relationship. Form I-407 and abandonment analysis depends on the actual form, circumstances of execution, travel and residence history, U.S. and foreign ties, tax treatment, later admissions, any new grant of permanent residence, immigration-court history, jurisdiction, historical law, and current controlling law.