Did You Know that You May Lose Your Green Card if You Do Not Maintain Your Status?

Congratulations, you have acquired Permanent Resident status in the United States. That does not mean your journey is over. 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.

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. 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, or if you file as a "non-immigrant" on your tax returns, 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.

Click here to understand the situations under which you may lose your Green Card.

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.