Source: law.com
In order to get a green card (US permanent resident card), a foreigner usually goes through a rather complex immigration process. Eligibility for a green card can be based on many factors, but most often it is obtained through sponsorship by a family member or employer.
We've heard a lot about green cards, but people often misunderstand how they work and what rights they give. After obtaining U.S. lawful permanent resident (LPR) status, a green card holder must be careful not to take actions that could be interpreted by USCIS as a waiver of his LPR status.
Below are some common mistakes that can have unfortunate consequences for green card holders. The list was compiled by Liam P. Sweeney, an attorney at Klasko Immigration Law Partners.
You can have a green card and come to the USA once or twice a year.
The official name of the green card is the US permanent resident card (LPR).
The emphasis in this title is on the word "resident" - this means that the green card holder must be a permanent resident of the United States, not just a regular visitor who enters the United States once or twice a year in an attempt to keep the green card.
Frequent trips outside the US can affect your permanent resident status. If you have been absent from the US for a short period of time, you will generally not have any problems.
Absences of several months to one year may result in an investigation into whether you intended to give up permanent residence in the United States.
In cases where, when attempting to re-enter, a permanent resident faces doubts from immigration authorities about his intention to live in the United States, especially after an absence of more than six months, the green card holder must have evidence of his intention to remain a permanent resident of the United States.
Such evidence may include documents proving ownership of real estate, leases, bank accounts, securities, other assets and investments, driver's licenses, social security cards, credit cards, proof of employment in the United States, or a document proving the period. abroad you spent through work.
A Customs and Border Patrol (CBP) officer can unilaterally take away your green card if they believe that you have renounced your LPPR status
This is not the case. A Customs and Border Patrol (CBP) officer can actually suspend your green card if they believe that your actions have proven that you have renounced LPR status. That is, it is not about termination, but about the suspension of the status of a permanent resident, after which there will be a secondary review of the immigrant and his right to reside in the United States.
This is an extremely unfortunate situation, however, although a green card holder does not have the same rights as a US citizen, he does have the right to a judicial review of his case. As soon as a green card holder is informed of the need for a secondary review, he should immediately call an experienced immigration attorney to represent him in this matter.
CBP officials cannot revoke LPR status; it can only be revoked by an immigration judge. A green card holder should not sign any documents provided by CBP agents, as signing indicates an intention to voluntarily relinquish their green card, in which case the removal of permanent resident status will not be possible.
A green card is forever
All green cards have an expiration date, but not always the same. In cases where an alien obtains a green card as a result of a recent marriage or EB-5 investment, the first green card is issued for a conditional two-year period.
This condition can be removed only by filing certain petitions with the immigration service, after which the validity of the green card is extended for up to 10 years.
A 10-year green card can also be extended, but at this point the immigrant has a huge advantage if he is eligible to apply for naturalization. Compared to the cost of renewing a green card, applying for naturalization is only slightly more expensive, and a person will avoid any problems with renewing their green card in the future, and will be able to obtain the rights that US citizens have. In order to obtain US citizenship, the applicant must pass another USCIS review.
The immigration service must conclude that the permanent resident has conducted himself as a person of "high moral character" and has not done anything that would cause him to lose his status as a permanent resident of the United States.
Acts that can lead to the loss of this status include most criminal convictions or extensive travel abroad. Specifically, a permanent resident must be physically present in the United States for at least half of the days during the five years immediately preceding the petition for naturalization. He also must not have had a continuous period of absence from the United States of six months or more (without special permission from USCIS).
In addition, the applicant must be prepared to take a citizenship test that demonstrates his knowledge of civics, US history, and the English language.
A green card holder cannot be deported
A permanent resident of the United States can be deported as a result of certain criminal charges against him. Such crimes include violations related to ¦moral indecency or drugs; serious criminal offences; espionage; domestic violence; child abuse and more.
If a US permanent resident is arrested or charged with a crime, he or she should immediately notify and schedule a consultation with an immigration attorney to protect his or her interests.
Going abroad in this case is not recommended, or you should consult a lawyer before doing so.
A US permanent resident can also lose a green card for immigration violations, including fraud or misrepresentation of information on immigration applications and forms.
Green card holders have the same rights as US citizens
Green card holders enjoy certain rights in the US, such as: Living and working in the United States during the term of LPR status;
Ownership of real estate in the USA;
Requesting special visas for spouses and unmarried children so they can also live in the United States;
receiving Social Security, Medicare benefits, as well as using other federal benefit programs to which he is entitled based on the requirements of the program;
Obtaining a driver's license;
Attending school and college;
A permanent resident of the United States is protected by all laws of the United States and the state in which he resides. N
evertheless, green card holders face certain rights restrictions. For example, they cannot vote or run for public office; ineligible for federal government employment; cannot go abroad for a long period (without first obtaining permission for re-entry); cannot be jurors; and unlike US citizens, green card holders can be deported from the country.
