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Protecting Your Permanent Residency
Contributor: Van T. Doan
For many people, being granted lawful permanent resident status in the United States is the realization of a dream. Lawful permanent residents—green card holders—have many (but not all) of the benefits of being a U.S. citizen. They have the right to live and work in the U.S. They have a path to U.S. citizenship if they wish, but if not, they do not have to give up their citizenship in their home country. They can even sponsor their own relatives to immigrate to the United States.
Even if U.S. immigration laws change in the future, a green card cannot be revoked. However, if you are a lawful permanent resident of the United States, there are things you can do to put your green card in jeopardy. If maintaining your status is important to you, you should be aware of how you could potentially lose your green card.
How Can You Lose Your Green Card?
Fortunately, it is relatively easy to protect your lawful permanent resident status with a few simple measures. As long as you avoid common pitfalls and follow the law, your permanent residency should remain secure.
Leaving the United States for Too Long, or Too Often
In order to be a lawful permanent resident, you must intend to remain in the United States. If you live outside of the U.S. for twelve months, or make multiple shorter trips out of the country with little time spent in the U.S., your status could be at risk. Of course, many green card holders still have family or business dealings outside of the U.S. and have legitimate reasons to travel outside the country.
Residing outside of the United States is one of the most common ways people lose their green card. The good news is that once you are aware of this possibility, it becomes very easy to fix. If you plan to leave the U.S. for more than a brief period of time, you need to get a re-entry permit before departing; you should apply well in advance of your planned travel. A re-entry permit is valid for 24 months.
Living outside the United States without a re-entry permit for an extended period may be considered abandonment of residency. Other actions that suggest an intent to abandon residency include stating that you are a nonimmigrant on your U.S. income tax return or not filing U.S. income tax returns while you are out of the country.
Failing to Remove Conditions on Residency
Another way that people unintentionally lose their green card is to fail to remove conditions. If you have been granted a green card because you married a U.S. citizen, and you were married for less than two years at the time you got your green card, your green card is conditional (it should be marked CR1). A conditional green card is the same as a permanent green card, except that it is valid for two years instead of ten, and it cannot be renewed.
If you have a conditional green card, you must file Form I-751, Petition to Remove Conditions, within 90 days before your conditional green card expires. You cannot file before that 90 day window, but you should file as soon as possible within those 90 days. Late filings, while possible, require a showing of exceptional circumstances. If you are still married at the time of the filing, you will file a joint petition for removal of conditions. In support of the petition, you will need to prove that your marriage is genuine, such as through photographs together, evidence of joint bank accounts, etc. Under certain circumstances, a joint petition isn’t required. For instance, a joint petition may not be required if the marriage resulted in a divorce or there are allegations of abuse. In these situations, you would request a waiver of the joint filing requirement.
If you are successful in your petition to remove conditions, you will receive a permanent green card, which must be renewed every ten years if you choose to remain a lawful permanent resident and never obtain U.S. citizenship.
Committing Fraud
If you committed fraud in order to get your green card, and that fraud is discovered, you will lose your lawful permanent resident status and you may be deported. Marriage fraud is, unfortunately, common. Marriage fraud can include marrying someone just to get a green card with no intention of having a real marriage, paying someone to marry a foreign national for green card purposes, or tricking them into doing so.
You can also lose your green card for lying or leaving out important facts on your green card application.
Committing Crimes
Certain crimes are grounds for deportation, even if you are an immigrant with a green card. There is not a definitive list of crimes that will get your green card revoked, and the safest course of action is to avoid criminal activity altogether. Certain petty crimes may not cause you to be deported, but they will not reflect well on you, especially if you hope to become a citizen.
“Crimes involving moral turpitude” will generally get a green card revoked. Crimes involving moral turpitude generally involve dishonesty and/or theft, or an intention to harm people or things. In general, the more serious a crime is, the more likely it will have a negative effect on your immigration status.
You may have waited and worked for years to become a lawful permanent resident. Don’t do anything that could risk your status. If you have questions about protecting your permanent residency, please contact our law office to schedule a consultation.
Categories: Immigration Law