How can an EB-5 investor and any derivative beneficiaries abandon their conditional green cards?

The process for abandoning conditional resident status is simple, though the decision to do so should not be made lightly. To abandon their conditional green cards, the EB-5 investor and any derivative beneficiaries must file Form I-407, Record of Abandonment of Lawful Permanent Resident Status. If the EB-5 investor wishes to file Form I-407 on behalf of a minor child, they must provide proof that they have legal custody of the minor child.

The act of abandoning a green card is irrevocable and as such, an EB-5 investor who wishes to surrender their resident status should be mindful of the consequences. By surrendering their conditional green card, the EB-5 investor effectively yields the rights and privileges of lawful permanent residency, which include the right to work, live and study anywhere in the U.S., as well as having access to resident tuition rates as a student. Any dependent family members acting as derivatives to the investor will also no longer be eligible for these rights and benefits. If the EB-5 investor wishes to reapply for an EB-5 visa and green card in the future, they will be required to start the process from the very beginning. Furthermore, any future visits to the United States will require an appropriate visa, depending on the nature of the visit; different nonimmigrant visas have different application processes, which vary in length and complexity.

An EB-5 investor who needs to travel abroad for more than one year but wishes to retain their conditional green card may consider the option of obtaining a reentry permit. This can be done by filing Form I-131, Application for Travel Document.

How to File Form I-407

To abandon their conditional green card, the EB-5 investor must file Form I-407 and post it to the Eastern Form Center. There is no filing fee.

The green card holder will be required to provide biographical details, including their name, date of birth, nationality, contact information including both email address and mailing address inside and outside of the United States, the date of last departure from the United States, and the reason for abandonment. The green card holder will also be required to surrender all relevant immigrant documents in their possession, such as the Permanent Resident Card and any travel documents.