Record of Abandonment of Lawful Permanent Resident Status

OMB Control No: 1615-0130	ICR Reference No: 202307-1615-003
Status: Received in OIRA	Previous ICR Reference No: 202010-1615-003
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-407
Title: Record of Abandonment of Lawful Permanent Resident Status
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/31/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2023
Responses	14,449	13,800
Time Burden (Hours)	3,612	4,554
Cost Burden (Dollars)	3,540,005	3,381,000

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Abstract: The Immigration and Nationality Act provides for the granting to an eligible alien the status of having been lawfully admitted to the United States for permanent residence ("LPR status"). Once an alien acquires LPR status, he or she has "the privilege of residing permanently in the United States as an immigrant." INA § 101(a)(20), 8 U.S.C. § 1101(a)(20). Section 101(a)(20) makes clear that this privilege continues so long as the person's status has not changed. INA § 101(a)(13)(C)(i), 8 U.S.C. § 1101(a)(13)(C)(i), in turn, acknowledges that abandonment of LPR status is one way in which a person's status can change. Neither the INA nor DHS regulations discuss, in detail, how one may abandon LPR status. Instead, this issue is developed through the precedent decisions of the Board of Immigration Appeals. The leading cases are Matter of Huang, 19 I&N 749 (BIA 1988) and Matter of Kane, 15 I&N Dec. 258 (BIA 1975). The essential element of abandonment of LPR status is moving abroad with the intent of living abroad permanently and of giving up one's right to live in the United States.

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Authorizing Statute(s): US Code: 8 USC 1101 Name of Law: Immigration Nationality Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 12979	03/01/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 36325	06/02/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Record of Abandonment of Lawful Permanent Resident Status I-407 Record of Abandonment of Lawful Permanent Resident Status

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	14,449	13,800	0	0	649	0
Annual Time Burden (Hours)	3,612	4,554	0	0	-942	0
Annual Cost Burden (Dollars)	3,540,005	3,381,000	0	0	159,005	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: USCIS is reporting an adjustment to the estimated annual time burden for this collection of information, as a result of an increase in the estimated number of respondents, as well as an adjustment to the estimated hour burden. The estimated hour burden per response has been decreased to 0.25 hours. Please see draft documents and table of changes for additional information. The total estimated annual cost burden for this collection of information has increased as a result of an increase in the number of respondents estimated to submit this form.

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Annual Cost to Federal Government: $166,513

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Manuel Avendano 202 272-9747 [email protected]

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 07/31/2023

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