Maintaining Your Permanent Resident Status in the US: A Guide for Green Card Holders
The Green Card bestows Permanent Resident status on its holders, and obtaining one is a significant step in integrating into American society. However, maintaining your permanent resident status requires more than just holding onto your green card.
This blog outlines the essential steps and considerations to secure your status as a U.S. permanent resident.
US Citizen vs. Permanent Resident
You may wonder, “Is a green card holder a U.S. citizen?” The answer is No. The main difference between a U.S. citizen and a permanent resident is the rights and responsibilities.
While both can live and work in the U.S., only citizens have the right to vote, access certain government jobs, and hold a U.S. passport. On the other hand, permanent residents are subject to immigration laws. They must adhere to requirements like filing taxes as a resident, updating USCIS on address changes, and avoiding extended trips abroad.
U.S. Permanent Resident Benefits
As a green card holder, you gain several benefits from being a permanent resident. They include:
- Right to Live Permanently: You can live permanently in the United States. You get to enjoy the stability of living in the country without needing a temporary visa.
- Employment Opportunities: A green card allows you to work legally in the U.S. for any job you qualify for. However, some positions may be reserved for U.S. citizens due to national security concerns.
- Legal Protection: You have protection under U.S. federal, state, and local jurisdiction laws.
While you enjoy these significant benefits, maintaining your permanent residency status requires fulfilling the responsibilities and obligations that accompany it.
Responsibilities of a Permanent Resident
Green card holders not only get to enjoy U.S. permanent resident benefits but also have responsibilities to demonstrate their commitment to maintaining lawful status in the United States.
Physical Presence in the U.S.
You must maintain residence in the United States. Extended stays outside the country, particularly without a re-entry permit, may suggest an intention to abandon your residency.
Obeying U.S. Laws
As a green card holder, you must abide by U.S. federal, state, and local laws. Even seemingly minor legal infractions can affect your residency. Committing actions that fall under deportable offenses according to U.S. immigration law could put you at risk of removal.
Filing Taxes
Permanent residents must file annual tax returns with the U.S. Internal Revenue Service (IRS) and any applicable state tax authorities. Failing to do so, or incorrectly filing as a “nonimmigrant,” could create problems with your residency status.
Supporting the U.S. Democratic Government
While green card holders cannot vote in federal, state, or local elections, they must support the democratic principles of the United States. This support does not imply active political participation but rather a respect for the government and its institutions.
Selective Service Registration
Male permanent residents between 18 and 25 must register with the Selective Service System. This requirement applies even though permanent residents are not obligated to serve in the U.S. military unless they choose to enlist.
Renewing Your Green Card
Although green cards grant permanent residency, they expire every ten years. You should begin the renewal process at least six months before your green card’s expiration date to avoid issues with your status, employment eligibility, or ability to travel.
Updating USCIS with Address Changes
When you change houses, you must notify the U.S. Citizenship and Immigration Services (USCIS) of your new address within ten days. The most common way is through the online portal. This notification ensures all essential communications about your green card status reach you on time.
How Permanent Residents Can Lose Their Green Card Status
While green card holders enjoy several U.S. permanent resident benefits, certain situations can cause them to lose their status. Here are common scenarios that may lead to the loss of permanent resident status and how to address them.
Conditional Permanent Residence Status
Some individuals receive permanent residency on a conditional basis, often due to marriage or investment. If your green card is conditional, you should understand the requirements tied to this status:
- Marriage-Based Conditional Residency: Individuals who gain permanent residency through marriage may receive a two-year conditional green card. To remove these conditions and obtain a 10-year green card, you must apply within 90 days before your conditional card expires. Failing to meet these conditions or issues, such as fraudulent intent, can result in termination of residency.
- Investment-Based Conditional Residency: Investors may obtain conditional permanent residency by meeting certain investment criteria in U.S. businesses. If USCIS determines that you have not met the investment obligations or fraud is suspected, the agency may revoke your conditional status.
Removal Proceedings
Another scenario that may impact your permanent resident status is the initiation of removal proceedings. If an immigration judge issues a final removal order, your residency may be revoked, and you may be asked to leave the country. Grounds for removal include:
- Violations of Immigration Law: Sections 212 and 237 of the Immigration and Nationality Act list offenses that could lead to removal, including criminal convictions, violations of immigration laws, and national security issues.
- Legal Infractions: Engaging in activities that breach U.S. laws, even at the state or local level, could result in deportation.
Rescission of Status
USCIS may rescind your permanent resident status if, within the first five years, it is found that you were not eligible for a green card at the time of approval. USCIS may initiate rescission if it finds misrepresentations or eligibility errors during your application process. If rescinded, you will no longer have the rights associated with a green card and could face removal proceedings.
Abandoning Permanent Residence Status
U.S. permanent residents are to reside primarily within the country. Extended absences or actions that suggest an intention to reside elsewhere can lead to abandonment of status. Here are some factors that could indicate abandonment:
- Permanently Residing Abroad: Moving to another country to make it your permanent home could result in losing your U.S. permanent resident status.
- Declaring Nonimmigrant Status on Tax Returns: Declaring yourself as a “nonimmigrant” on U.S. tax returns can imply a lack of intention to reside permanently in the U.S. and puts your green card status at risk.
- Extended Absence from the U.S.: If you remain outside the United States for long periods without demonstrating a temporary intent, USCIS may consider this as abandonment. The agency will look at factors such as the purpose of your trip, length of stay, and any unexpected events that prolonged your absence.
Apply for a re-entry permit before leaving the U.S. for long periods. This document demonstrates that your stay outside the U.S. is temporary. Alternatively, a returning resident visa (SB-1) from a U.S. consulate may help justify your extended absence.
Hire a Seasoned Immigration Attorney to Help Maintain Your Permanent Resident Status
You may face legal challenges or uncertain situations regarding your green card. Consulting an immigration attorney can help you understand your rights, explore options for defence, and prevent the loss of your green card status.
Immigration Question network of attorneys is available to offer guidance and protect your status.
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