Did You Know that You May Lose Your Green Card if You Do Not Maintain Your Status? Learn How to Maintain Your Status to Protect Your Green Card!
03/31/2010
Congratulations, you have acquired Permanent Resident status in the United States. That does not mean your journey is over. While the first step may be over, the journey to maintain the right to live and work in the United States is just beginning. It is very important for you to maintain your status in the U.S. if you have any desire to become a U.S. Citizen. The key point here is that it is necessary for you to continue to permanently reside in the U.S.; otherwise you run the risk of no longer being considered a permanent resident of U.S.
As a US permanent resident you; have adopted the U.S. as your home. This means that you have to respect and be loyal to the United States, and are required to obey the laws of the country. It also means that you gain new rights and responsibilities to your adopted nation. It should also be noted that being a permanent resident is a privilege and not a right? The U.S. government can take away your permanent resident status under certain conditions. This article will discuss how you can maintain your permanent resident status, and why it is so important to do so.
How to Maintain Your U.S. Permanent Resident Status:
There are certain important things you must do to maintain your U.S. permanent resident status, especially with a view toward seeking U.S. naturalization in the future. The following points must be kept in mind when you prepare to apply for naturalization as a U.S. citizen in the future:
1) Don’t leave the United States for any extended period of time, or move to another country with the intent to live there permanently.
2) Always file your federal, state, and, if applicable, local income tax returns as a resident.
3) Register with the Selective Service, if you are a male between the ages of 18 and 26.
4) Give your new address to DHS.
We will discuss each of these four points and how they apply to your future:
1. Keep Your Immigration Status. Do not leave the United States for an extended period of time:
Permanent residents or green Card holders who leave the U.S. for extended periods of time, or who cannot show their intent to live permanently in the U.S., may be considered to have abandoned their status in the U.S. and lose their U.S. permanent resident status. Many immigrants believe they can live abroad for as long as they want, as long as they return to the U.S. at least once a year. This is incorrect! Long absences indicate that you do not intend to maintain your U.S. permanent resident status. If you think you will be out of the U.S. for more than 6 months, and definitely if there is any chance you will be outside the U.S. for more than 12 months, you should apply for a Re-entry Permit before leaving the country. You apply for the Re-entry Permit on Form I-131, Application for a Travel Document. A Re-entry Permit is valid for up to two years, and allows you to remain outside the U.S. for up to two years. You may show the Re-entry Permit, instead of a visa or your U.S. Permanent Resident Card, at a U.S. port of entry. Having a Re-entry Permit does not guarantee that you will be readmitted to the U.S. when you return, but it can make it easier to show that you are returning from a temporary visit abroad and greatly improve your chances.
2. File Tax Returns. File Federal, state, and, if applicable, local income tax returns:
As a U.S. permanent resident, you must file income tax returns as a resident and report your income to the Internal Revenue Service (IRS) and your state, city, or local tax department, if required. If you do not file income tax returns while living outside the U.S. for any length of time, the U.S. government may decide that you have given up your U.S. permanent resident status.
3. Register with the Selective Service
If you are a male and you are between the ages of 18 and 26, you must register with the U.S. Selective Service. When you register you are telling the U.S. government that you are available to serve in the U.S. Armed Forces. The U.S. does not currently have a military draft, which means that U.S. permanent residents and citizens do not have to serve in the Armed Forces unless they want to.
4. Give Your New Address to DHS
Every time you move, you are required to inform the Department of Homeland Security (DHS) of your new address. You must file a Form AR-11, Alien’s Change of Address Card, within 10 days of your move. There is no fee to file this form, and you may even change your address online via an electronic AR-11 form. The online change of address site also accepts address changes for most pending cases.
Situations under which you lose your U.S. Permanent Resident Status:
There are many situations through which you can lose your permanent resident status. We have addressed a couple of these above remaining outside the U.S. for extended periods of time and filing tax returns as a non-immigrant ?but want to address another important category now ?criminal behavior.
Criminal Behavior:
The U.S. is a law-abiding society. Permanent residents in the United States must obey all laws. If you are a U.S. permanent resident and engage in criminal activity or are convicted of a crime in the U.S. or elsewhere, you could have serious problems. You could be removed (deported) from the country, not allowed back into the U.S. if you leave the country, and, in certain circumstances, lose your eligibility to become a naturalized U.S. citizen.
Examples of crimes that will affect your U.S. permanent resident status include:
1) Any crime defined as an aggravated felony, which include crimes of violence that are felonies with a one-year prison term.
2) Murder.
3) Terrorist activities.
4) Rape.
5) Sexual assault of a child.
6) Illegal trafficking in drugs, firearms, or people.
7) A crime with an intent to steal or defraud; a crime where physical harm is done or threatened; a crime where serious physical harm is caused by reckless behavior; or a crime of sexual misconduct.
There are also serious consequences for you as a U.S. permanent resident if you:
1) Lie to get immigration benefits for yourself or someone else.
2) Claim you are a U.S. citizen if you are not.
3) Vote in a federal or local election open only to U.S. citizens.
4) Are an habitual drunkard defined by the immigration authorities as someone who is drunk or someone who uses illegal drugs most of the time?
5) Are bigamist, a person married to more than one person at the same time.
6) Fail to support your family or to pay child or spousal support as ordered.
7) Are arrested for assaulting or harassing a family member, including violating a protection order. This is called domestic violence.
8) Lie to get public benefits.
9) Fail to file tax returns when required.
10) Willfully fail to register for the Selective Service if you are a male between the ages of 18 and 26.
11) Help someone else who is not a U.S. citizen or national to enter the United States illegally, even if that person is a close relative and even if you are not paid.
If you have committed any crime, or have been convicted of a crime, you should consult with a reputable immigration attorney or a community-based organization that provides legal service to immigrants, before you apply for another immigration benefit or travel outside the U.S.
Why is it important to maintain your Lawful Permanent Resident Status? U.S. Permanent Residence a Path to U.S. Citizenship:
A Lawful Permanent Resident (LPR or green card holder) can apply for U.S. Citizenship through naturalization after they have been U.S. permanent residents for five years. This period is shortened to three years if the U.S. permanent resident is married to a U.S. citizen and received their permanent resident status through that U.S. citizen spouse, or four years if permanent residency was received through political asylum. LPRs may submit their applications for naturalization up to 90 days before meeting the residency requirement.
U.S. citizens are entitled to several rights, and some obligations, that do not accrue to U.S. permanent residents (who are still classified as aliens in this respect). LPRs generally do not have the right to vote, nor the right to be elected in federal and state elections. They do not have the ability to bring most family members to the United States (U.S. permanent residents are only allowed to sponsor spouses and unmarried children). They are not eligible for certain federal government jobs, and male permanent residents between the ages of 18 and 26 must register for the Selective Service System. However, like U.S. citizens, permanent residents pay taxes on their worldwide income. Finally, certain conditions (i.e., criminal convictions) that may put a permanent resident in deportation proceedings do not apply to U.S. citizens.
Conclusion:
U.S. Permanent residents have most of the rights of U.S. citizens, but there are many important reasons to consider becoming a US citizen, including getting those rights only available to U.S. citizens. U.S. Permanent resident status is a privilege? And not a right? A privilege the U.S. government can take away under certain conditions. It is therefore imperative that you maintain your permanent resident status so that you can enjoy the privilege of becoming a U.S. citizen.
Before a U.S. Permanent Resident (Green Card holder) can apply for U.S. citizenship through the naturalization process, he or she needs to fulfill the 5 year (shorter if married to a U.S. citizen or an Asylee) residency requirement. U.S. Permanent Residents who spend lengthy periods outside the U.S. may disrupt their residency, delaying their ability to naturalize. However, certain permanent residents may qualify for special benefits that allow them to count time spent outside the U.S. toward their residency requirement. These permanent residents will need to submit an "Application to Preserve Residence for Naturalization Purposes," which will be discussed in a future article.
As a US permanent resident you; have adopted the U.S. as your home. This means that you have to respect and be loyal to the United States, and are required to obey the laws of the country. It also means that you gain new rights and responsibilities to your adopted nation. It should also be noted that being a permanent resident is a privilege and not a right? The U.S. government can take away your permanent resident status under certain conditions. This article will discuss how you can maintain your permanent resident status, and why it is so important to do so.
How to Maintain Your U.S. Permanent Resident Status:
There are certain important things you must do to maintain your U.S. permanent resident status, especially with a view toward seeking U.S. naturalization in the future. The following points must be kept in mind when you prepare to apply for naturalization as a U.S. citizen in the future:
1) Don’t leave the United States for any extended period of time, or move to another country with the intent to live there permanently.
2) Always file your federal, state, and, if applicable, local income tax returns as a resident.
3) Register with the Selective Service, if you are a male between the ages of 18 and 26.
4) Give your new address to DHS.
We will discuss each of these four points and how they apply to your future:
1. Keep Your Immigration Status. Do not leave the United States for an extended period of time:
Permanent residents or green Card holders who leave the U.S. for extended periods of time, or who cannot show their intent to live permanently in the U.S., may be considered to have abandoned their status in the U.S. and lose their U.S. permanent resident status. Many immigrants believe they can live abroad for as long as they want, as long as they return to the U.S. at least once a year. This is incorrect! Long absences indicate that you do not intend to maintain your U.S. permanent resident status. If you think you will be out of the U.S. for more than 6 months, and definitely if there is any chance you will be outside the U.S. for more than 12 months, you should apply for a Re-entry Permit before leaving the country. You apply for the Re-entry Permit on Form I-131, Application for a Travel Document. A Re-entry Permit is valid for up to two years, and allows you to remain outside the U.S. for up to two years. You may show the Re-entry Permit, instead of a visa or your U.S. Permanent Resident Card, at a U.S. port of entry. Having a Re-entry Permit does not guarantee that you will be readmitted to the U.S. when you return, but it can make it easier to show that you are returning from a temporary visit abroad and greatly improve your chances.
2. File Tax Returns. File Federal, state, and, if applicable, local income tax returns:
As a U.S. permanent resident, you must file income tax returns as a resident and report your income to the Internal Revenue Service (IRS) and your state, city, or local tax department, if required. If you do not file income tax returns while living outside the U.S. for any length of time, the U.S. government may decide that you have given up your U.S. permanent resident status.
3. Register with the Selective Service
If you are a male and you are between the ages of 18 and 26, you must register with the U.S. Selective Service. When you register you are telling the U.S. government that you are available to serve in the U.S. Armed Forces. The U.S. does not currently have a military draft, which means that U.S. permanent residents and citizens do not have to serve in the Armed Forces unless they want to.
4. Give Your New Address to DHS
Every time you move, you are required to inform the Department of Homeland Security (DHS) of your new address. You must file a Form AR-11, Alien’s Change of Address Card, within 10 days of your move. There is no fee to file this form, and you may even change your address online via an electronic AR-11 form. The online change of address site also accepts address changes for most pending cases.
Situations under which you lose your U.S. Permanent Resident Status:
There are many situations through which you can lose your permanent resident status. We have addressed a couple of these above remaining outside the U.S. for extended periods of time and filing tax returns as a non-immigrant ?but want to address another important category now ?criminal behavior.
Criminal Behavior:
The U.S. is a law-abiding society. Permanent residents in the United States must obey all laws. If you are a U.S. permanent resident and engage in criminal activity or are convicted of a crime in the U.S. or elsewhere, you could have serious problems. You could be removed (deported) from the country, not allowed back into the U.S. if you leave the country, and, in certain circumstances, lose your eligibility to become a naturalized U.S. citizen.
Examples of crimes that will affect your U.S. permanent resident status include:
1) Any crime defined as an aggravated felony, which include crimes of violence that are felonies with a one-year prison term.
2) Murder.
3) Terrorist activities.
4) Rape.
5) Sexual assault of a child.
6) Illegal trafficking in drugs, firearms, or people.
7) A crime with an intent to steal or defraud; a crime where physical harm is done or threatened; a crime where serious physical harm is caused by reckless behavior; or a crime of sexual misconduct.
There are also serious consequences for you as a U.S. permanent resident if you:
1) Lie to get immigration benefits for yourself or someone else.
2) Claim you are a U.S. citizen if you are not.
3) Vote in a federal or local election open only to U.S. citizens.
4) Are an habitual drunkard defined by the immigration authorities as someone who is drunk or someone who uses illegal drugs most of the time?
5) Are bigamist, a person married to more than one person at the same time.
6) Fail to support your family or to pay child or spousal support as ordered.
7) Are arrested for assaulting or harassing a family member, including violating a protection order. This is called domestic violence.
8) Lie to get public benefits.
9) Fail to file tax returns when required.
10) Willfully fail to register for the Selective Service if you are a male between the ages of 18 and 26.
11) Help someone else who is not a U.S. citizen or national to enter the United States illegally, even if that person is a close relative and even if you are not paid.
If you have committed any crime, or have been convicted of a crime, you should consult with a reputable immigration attorney or a community-based organization that provides legal service to immigrants, before you apply for another immigration benefit or travel outside the U.S.
Why is it important to maintain your Lawful Permanent Resident Status? U.S. Permanent Residence a Path to U.S. Citizenship:
A Lawful Permanent Resident (LPR or green card holder) can apply for U.S. Citizenship through naturalization after they have been U.S. permanent residents for five years. This period is shortened to three years if the U.S. permanent resident is married to a U.S. citizen and received their permanent resident status through that U.S. citizen spouse, or four years if permanent residency was received through political asylum. LPRs may submit their applications for naturalization up to 90 days before meeting the residency requirement.
U.S. citizens are entitled to several rights, and some obligations, that do not accrue to U.S. permanent residents (who are still classified as aliens in this respect). LPRs generally do not have the right to vote, nor the right to be elected in federal and state elections. They do not have the ability to bring most family members to the United States (U.S. permanent residents are only allowed to sponsor spouses and unmarried children). They are not eligible for certain federal government jobs, and male permanent residents between the ages of 18 and 26 must register for the Selective Service System. However, like U.S. citizens, permanent residents pay taxes on their worldwide income. Finally, certain conditions (i.e., criminal convictions) that may put a permanent resident in deportation proceedings do not apply to U.S. citizens.
Conclusion:
U.S. Permanent residents have most of the rights of U.S. citizens, but there are many important reasons to consider becoming a US citizen, including getting those rights only available to U.S. citizens. U.S. Permanent resident status is a privilege? And not a right? A privilege the U.S. government can take away under certain conditions. It is therefore imperative that you maintain your permanent resident status so that you can enjoy the privilege of becoming a U.S. citizen.
Before a U.S. Permanent Resident (Green Card holder) can apply for U.S. citizenship through the naturalization process, he or she needs to fulfill the 5 year (shorter if married to a U.S. citizen or an Asylee) residency requirement. U.S. Permanent Residents who spend lengthy periods outside the U.S. may disrupt their residency, delaying their ability to naturalize. However, certain permanent residents may qualify for special benefits that allow them to count time spent outside the U.S. toward their residency requirement. These permanent residents will need to submit an "Application to Preserve Residence for Naturalization Purposes," which will be discussed in a future article.
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