How to Keep Your Green Card Privileges?

Yes, it is possible to lose your green card or Lawful Permanent Resident (LPR) status. While obtaining a green card gives people many of the same Lawful Permanent Resident privileges as U.S. citizens, it is contingent on certain responsibilities and behaviors. Failure to adhere to specific requirements set by immigration laws can put your LPR status at risk.

What Violations Will Cause Me to Lose My Green Card?

Several violations might jeopardize your LPR status:

Criminal Activity and Moral Turpitude

When green card holders participate in criminal activity, particularly those classified under “moral turpitude,” they walk a dangerous path. The term “moral turpitude” includes a range of offenses that touch upon an individual’s character and challenge society’s fundamental moral values. It spans crimes from assault and theft to fraud and certain types of homicide.

Example: Consider Carlos, a Lawful Permanent Resident. After participating in a complex financial scam, he was convicted of fraud. Beyond the immediate legal penalties, such a conviction might trigger deportation proceedings, putting his LPR status in jeopardy. Due to its deceitful nature, the crime is deemed as one involving moral turpitude.

Extended Absences from the U.S.

While Lawful Permanent Residents have the privilege to travel internationally, prolonged absences can be problematic. Extended time away can signal to USCIS that you have intentions of abandoning your U.S. residence. The rules aren’t just about the duration; patterns of travel, frequency of absences, and ties maintained in the U.S. during the absence (like property, job, or family) are all taken into account.

For instance, Sonia, an LPR, might spend nine months abroad every year for three consecutive years. Even if she doesn’t cross the one-year mark, USCIS might still question her intentions regarding her U.S. residence.

Failing to File Income Taxes

Filing income taxes isn’t merely a financial responsibility for LPRs; it’s also an affirmation of their commitment to U.S. residency. An LPR’s tax filings should typically reflect them as a U.S. resident. Avoiding this critical step might raise suspicions about their true residency intentions.

Imagine Jake, an LPR who has worked and lived in Germany for three years and doesn’t file U.S. taxes. If the IRS flags this, it might alert USCIS, putting Jake’s green card status at risk.

Lying to Gain Immigration Benefits

The USCIS expects complete transparency and honesty during the green card application process. Providing misleading information, concealing facts, or lying can have severe consequences.

For example, Priya, during her green card application, may hide her prior brief marriage to a U.S. citizen, and USCIS later discovers this. In this case, she might face allegations of immigration fraud, endangering her LPR status.

Violation of Immigration Laws

Upholding U.S. immigration laws is the responsibility of all, including LPRs. Assisting in illegal immigration activities or failing to report known violations can lead to the revocation of green card status.

Consider Alex, an LPR, who knowingly harbors an undocumented immigrant friend in his home. If discovered, Alex’s own LPR status might be on the line.

Maintaining a green card demands diligence and an understanding of the associated responsibilities. Falling short in any of these areas can lead to complicated legal challenges and potential loss of LPR status.

Can I Travel Outside the U.S.?

As a Lawful Permanent Resident, you have the privilege to travel outside the U.S. However, there are stipulations:

Short Trips

When an individual with a green card travels outside the U.S. for a short duration, typically less than six months, it’s usually seen as a brief absence, such as for a vacation or business trip. During these short trips, it is important for the green card holder to carry their green card as proof of their Lawful Permanent Resident status. Without it, they might face unnecessary complications or delays when trying to re-enter the U.S.

Also, frequent short trips with barely any time spent in the U.S. between them can raise eyebrows at the border, making it important for the traveler to have evidence indicating their ties to the U.S., like an employment letter or property deeds.

Extended Trips

Stays outside the U.S. that last more than six months but are less than a year in duration can be viewed with suspicion by immigration authorities. While the trip might be for genuine reasons, such as attending to a family emergency or pursuing an overseas educational course, the length of the absence can give an impression you might be leaning towards relocating.

Upon return, the green card holder should be prepared to provide substantial reasons for their extended absence. Documentation, such as medical records, enrollment forms, or a letter from a foreign employer, can serve as evidence that the absence was temporary and that the individual had no intention of abandoning their U.S. residence.

Year-long Absences

An absence extending beyond a year is particularly risky for green card holders. Such a long absence without obtaining a re-entry permit can be perceived as an abandonment of the LPR status. A re-entry permit, which must be applied for while in the U.S., essentially allows an LPR to be absent from the country for up to two years without jeopardizing their status. Without this permit, attempting to return after a year or more can be a challenge.

You might face rigorous questioning and, in some cases, even be placed in removal proceedings. It’s crucial, therefore, for anyone anticipating a lengthy absence to consult with an immigration attorney and take necessary precautions before leaving the U.S.

Always consult with an immigration attorney before planning extended trips to understand potential implications and preventive measures.

Do I Need an Experienced Immigration Attorney for Green Card Issues?

Certainly, while obtaining and maintaining a green card might seem straightforward on the surface, the underlying regulations, policies, and legal nuances can present unforeseen challenges. Navigating the intricate web of green card rules without legal guidance can lead to mistakes that have severe and long-lasting consequences.

An experienced immigration attorney isn’t just well-versed in the legal language and documentation requirements; they also have a pulse on the ever-evolving landscape of immigration policies, court decisions, and administrative practices.

For instance, consider the complexities surrounding extended absences from the U.S. What might seem like a harmless extended vacation could inadvertently jeopardize your Lawful Permanent Resident status if not appropriately planned and documented. Or, imagine the intricacies involved in renewing or replacing a green card, especially if your personal circumstances have dramatically changed, such as a divorce from a U.S. citizen spouse or a brush with the law.

In these situations, the guidance and advocacy of a green card attorney can be beneficial. They can provide strategic advice, anticipate potential pitfalls, and ensure that all submissions to immigration authorities are complete, accurate, and presented in the best possible light.

Also, if you ever find yourself facing the grim prospect of deportation or removal due to alleged violations of your green card terms, having an attorney becomes not just beneficial but necessary. They can argue on your behalf, challenge evidence, present counterarguments, and negotiate for alternative resolutions that might preserve your status in the U.S.

If you’re dealing with green card problems, extended travel plans, or simply need to understand your rights better, seeking an attorney’s advice is a wise move. LegalMatch offers a convenient way to connect with seasoned immigration lawyers who can offer personalized guidance tailored to your unique circumstances. This will ensure that your journey toward the American dream remains on solid ground.