Questions and Answers > EB-5 Investments

How can I surrender my green card without impacting my dependents?

I and my family are EB-5 green card holders (conditions already removed). My son has already applied for naturalization while my wife has still to apply. If I now voluntarily surrender my green card, will it in any way affect the green cards of my wife and son and pending naturalization application of my son? Second, can I give the Form I-407 and green card at a U.S. airport while leaving the country? If they don''t accept, will the date I send them by courier from my country be considered the date I surrendered my green card? Lastly, once I have surrendered the green card, can I apply for B1/B2 visa at my country of origin? And can my son apply for green card for me again at some later date once he is naturalized?

Answers

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on December 4, 2020

  Since your condition has been removed, you can surrender your green card without affecting the green cards of your dependents. You should surrender the green card, i.e., execute form I-407, not at the U.S. airport departing the country, but rather at the U.S. embassy or consulate in your home country in conjunction with an application for a B-1/B-2 visitor visa. Once your son becomes a U.S. citizen (assuming he is over 21), he can petition for you to become a U.S. permanent resident again, if you so desire.

• Lynne Feldman

  Immigration Attorney

  Answered on December 3, 2020

  Yes, you can abandon your green card without impacting your dependents. The I-407 must be filed while overseas and then you can apply for a B-2 visa for future trips. There may be tax consequences of the surrender so be sure to check with a tax professional.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on December 3, 2020

  You can surrender if they have full cards but be aware that surrendering also triggers tax consequences so I always advise a tax consultation, especially, if you a long-term resident. The I-407 may or may not be accepted at an airport; the USCIS now requires that they be filed in the U.S. The surrender is only effective from the day it is accepted and processed. It''s very important to accurately explain the reason for surrender as it may impact the ability to obtain future visas. For example, if you surrender to avoid taxes you may be inadmissible for life.

• Stephen Berman

  Immigration Attorney

  Answered on December 2, 2020

  No, it will not affect your dependents if you abandon your resident status.

• Jan Pederson

  Immigration Attorney

  Answered on December 2, 2020

  It is critical that you consult with a tax lawyer before you proceed to relinquish your green card. You may have a huge tax bill. I would need more information regarding your wife and child to see if they are impacted. Based solely on the information provided, your wife and child should not be impacted by your relinquishment.