Guide To Keep Your Green Card Status In The United States

If you have officially become a lawful permanent resident (LPR) or a green card holder in the United States, well done! However, this achievement doesn’t signal the end of your journey. The path to securing your right to live and work in the United States has just begun.

You must keep your permanent residency in the US. This is particularly true if you aim to become a US citizen. To keep your permanent residency, you need to live in the US continuously, or you might risk losing your status as a permanent resident of the US. You have acquired new rights and duties by becoming a green card holder.

It is also important to remember that being a green card holder is a privilege, not a right. The US government can revoke your green card under specific circumstances. Possessing a green card unlocks numerous opportunities in the United States.

A green card offers numerous advantages that enhance life, from the ability to live and work here indefinitely to travel freely throughout the country. Your green card is a step towards establishing your place in the American community. However, protecting this valuable status demands careful maintenance and understanding of your obligations.

This guide provides essential steps and practical advice for maintaining your green card status for the long term.

How to maintain a green card status

Having a green card allows you to reside and work in the US permanently, but it is not a one-time, hands-off commitment. To enjoy a hassle-free experience as a resident, it is crucial to manage your status actively. This includes several important factors to keep in mind:

1. Being physically present in the US.

Keeping your green card status depends on a key principle: dedicating yourself to US residency. While it is common to take short trips abroad, long absences might draw attention from immigration officials. Therefore, ensuring you spend most of your time in the US is important.

Life doesn’t always follow a strict schedule. Family emergencies, job opportunities, or other events can lead to longer absences. Don’t worry! The re-entry permit is here to help. This document, issued by USCIS before you leave for an extended period, acts as an approval for your return to the US.

It shows immigration officials that you still intend to live and later become a citizen of the US. Here is how being physically present in the US is defined:

• Half-time rule: Try to be physically in the US for at least half of every year. Going abroad for more than 183 days could jeopardize your status.
• Exceptions apply: Some groups, such as US government employees or certain international organizations, might be exempt. These exceptions usually apply under unique circumstances.
• Re-entry permit for long trips: If you have to go away for more than two years but less than two years, a re-entry permit will make your return easier and protect your status as a resident.
• It is important to communicate early: If you plan to be away for a while, talk to USCIS as soon as possible. Being proactive will help you find solutions and ensure a smooth transition. By showing strong connections to the US through your physical presence and responsible travel, you strengthen your status as a permanent resident.

2. Meet your tax obligation.

US tax laws apply to all permanent residents, regardless of whether they live overseas temporarily. A helpful resource for understanding these laws is the IRS Publication 519, titled “Tax Guide for Aliens,” and consulting with an immigration lawyer, who specializes in international tax compliance, is also advisable.

In general, permanent residents are still required to file US tax returns outside the country, just as US citizens are. Various regulations could reduce or even eliminate tax liability, but filing the return is mandatory.

Not filing a return could lead to a serious situation: not only could it result in a loss of permanent resident status under immigration laws, but it could also lead to a tax penalty for the resident. This is especially true for those with high incomes or significant assets.

Given that permanent residents’ tax, estate, and other financial responsibilities can become complex when they move to another country, it is recommended that they seek both tax and immigration legal advice before departing the US for an extended period. Here is the process of managing your taxes effectively:

• Collect your paperwork: It is crucial to have your W-2s, 1099s, and other financial statements to fill out your tax return accurately.
• Decide on your filing approach: Electronic filing is fast and convenient, but traditional paper forms are also an option.
• Submit your taxes on time: It is important to file your taxes by the regular deadline of April 15th. However, there are exceptions to this rule.
• Reach out to a professional if necessary: If you are dealing with complicated tax issues, don’t be afraid to ask for advice from a tax professional or a licensed lawyer.

Keep in mind that paying your taxes supports more than just the government. It helps fund essential services like schools, hospitals, and roads. Ultimately, your tax payments help your community and your life as a citizen. By showing you are a responsible taxpayer, you earn the trust of the US government.

3. Don’t commit crime.

Keeping your green card helps you get ahead and stay in the US. But it also means you must follow the rules, and avoiding trouble is a big part. Doing anything illegal, even if it is just a small thing, could mess with your permanent resident status. First, you should learn about US laws and what is allowed. Get the basics down, like:

• What is legal and illegal at the federal and state levels: These rules tell you what is okay to do and what is not, both in general and in your area.
• How certain crimes can affect your green card: Knowing how things like drug crimes, violent crimes, fraud, and lying can mess with your status.

While every case is different, some things catch the eye of immigration officials and could lead to your green card being taken away:

• Drug crimes: Even having a little bit of illegal drugs can cause problems.
• Violent crimes: Things like assault and battery are a big no-no and put others in danger.
• Fraud and lying: If you lie on your immigration forms, cheat on your marriage claims, or do anything that makes it look like you are not who you say you are, you could be in trouble.
• Doing things that are considered morally wrong: Things like stealing, gambling, or being involved in prostitution could also cause issues.

Knowing what you can’t do to keep your green card safe is important. If you are ever in a situation where you might get in trouble, don’t be afraid to ask for help from an immigration lawyer. They can give you the advice you need and fight for your rights.

4. Update your address with the USCIS.

Life throws curveballs; sometimes, that means moving to a new place. While unpacking and getting cozy in your new place is fun, it is important to let USCIS know where you are. USCIS needs to know about address changes to ensure important messages arrive on time.

Changing your address is easy, and there are two simple ways to do it:

• Online: This is the quickest and easiest method if you are already signed up with USCIS online. Just log in, go to your green card info, and type in your new address. It is as simple as that!
• Form AR-11: The old-school way is to fill out Form AR-11, which is the Alien’s Change of Address Card. Make sure to fill it out, sign it, and send it off in the mail. You can find the form online or pick one up at your local USCIS office.

This step is key to avoiding any mix-ups affecting your green card status. You will receive important stuff like reminders to renew your card, travel passes, and updates on your case at your new place. Keeping USCIS in the loop shows you are serious about staying a resident.

5. Renew your green card before it expires.

Your green card isn’t just a card. It is your ticket to living and working in the US. Just like any passport or driver’s license, your green card has an expiry date. Putting off renewing it can cause problems, but don’t worry! With a little planning and taking action now, you can keep your residency going smoothly.

• Don’t let your green card’s expiry date sneak up on you. Start the renewal process at least six months before it is due, as most green cards last ten years. Missing this deadline can mess up your status and cause unnecessary stress.
• Renewing your green card involves filling out some forms, but it doesn’t have to be scary. To renew, you will need to gather some documents. These include proof of where you live, tax returns, and any travel documents you have (if you have been traveling in the US).
• You can get form I-90 online or by mail. Make sure to answer all the questions carefully and truthfully.
• Schedule your fingerprint and photo appointment. You need to get your fingerprints and photo taken at a USCIS-approved spot.
• Send in your application and fees: Pay the filing fees and follow the instructions carefully.

For extra security, consider getting help from an immigration lawyer, especially if your case is complicated. They can guide you through the process and help with any issues that might come up. Remember, renewing your green card is just part of keeping your permanent resident status.

By staying up-to-date on the process and taking action, you can ensure your US future stays bright and secure. Check the USCIS website often for updates on green card renewal and deadlines. The website also has a handy online tool for keeping track of your application’s progress!

The reason you should maintain your green card status

A person holding a green card status, also known as a green card holder, is eligible to apply for US citizenship by naturalization once they have lived in the US as a permanent resident for five years. However, this time frame can be reduced to:

• Three years if the permanent resident is married to a US citizen and obtained their green card status through their spouse. This also applies to those who self-petition under VAWA or
• Four years if they gained permanent residency through political asylum or refugee status.

Persons with green card status can submit their applications for naturalization up to 90 days before reaching the five-year mark of permanent residency.

Benefits of being a US citizen

Maintaining your green card status is crucial for guaranteeing that you can go through the naturalization process and become a US citizen, thereby enjoying the privileges exclusive to US citizens, such as:

• The privilege to vote.
• The opportunity to seek political positions in the federal government.
• The capacity to apply for specific positions within the government sector.
• The liberty from the dread of being deported.
• The liberty to travel globally without concerns about losing “status” in the US.

Get help!

The advice and tools we have reviewed give you the power to keep your green card, but tricky legal issues might require the help of a professional. That is where the skilled immigration lawyers at Gehi and Associates step in.

Getting in touch with us isn’t just about getting through legal problems; it is about setting yourself up for success in the future. Don’t let legal confusion keep you from maintaining your green card toward your US citizenship dreams. Start feeling sure of yourself by booking a consultation with us right away!