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ResourcesVisa & Immigration LawUS Immigration LawWill US Embassies and Consulates Accept I-407 Surrenders?

Will US Embassies and Consulates Accept I-407 Surrenders?

Transcript of the above video:

As the title of this video suggests, we are discussing I-407 Surrenders, specifically a recent announcement from USCIS titled: USCIS Will no Longer Accept I-407 at International Field Offices. Quoting further: "Beginning July 1, USCIS will no longer accept form I-407 at International Field Offices by mail or in person." 

Now that is pretty clear and as we have noted in other videos on this channel, USCIS has announced that they will be closing all field offices. None of them will be open any later than March 2020. Now whether or not that actually happens, as of the time of this video, remains to be seen but I think it is pretty safe to presume that that is what is going to happen. That being stated, in this same press release, there was this statement. "In very rare circumstances a US Embassy, US Consulate or USCIS International Field Office may accept a form I-407 in person, if an individual needs immediate proof that they have abandoned LPR status." 

Now a couple of things. First of all, we noted before. They intend to have all USCIS International Offices closed by March, 2020.  Should that come to pass, past March 2020, it is not going to be possible to file anything with USCIS abroad because USCIS won't be abroad. That being said, US Embassies and US Consulates are a different story. That is Department of State. Embassies and Consulates are going to be there for a long time to come; I think it is very safe to presume that, but filing an I-407 Surrender at a US Embassy or Consulate outside the United States, I think this phrase is key:  "in very rare circumstances". I don't think it's prudent to presume that we are going to see US Embassies and Consulates readily and regularly processing I-407 Surrenders.  I think it is just the situation as it is. They are closing these USCIS International Offices. If one wants to perfect a filing of an I-407 Notice of Abandonment of Lawful Permanent residence, people are just going to simply have to do that in the United States. Again, extenuating circumstances, yes I think it is possible but it is going to be kind of a needle in a haystack to find those kinds of cases. I think it's just going to be very rare. Consular Officers have not been, that's not a main function of theirs. Candidly is not really function of theirs at all, affecting an I-407 surrender. There are circumstances where they will do it. I have seen it done in the past but moving forward exactly how they are going to accept those cases remains to be seen but I think it's safe to say that in the vast majority of cases it's not going to be possible to file an I-407 Notice of Abandonment of Residence abroad.