Responsibilities of a Green Card Holder

Permanent Resident Cards (Form I-551), often called a “Green Card,” are issued to permanent residents as proof of their legal status in the United States. The green card, or permanent resident card shows that the card holder is legally allowed to live and work in the United States, and reenter the country if you travel (see more on traveling below). Having a green card confers several rights, and it also imposes certain responsibilities. For instance, if you are a permanent resident who is 18 years or older, you must carry proof of your immigration status, and you must show it to an immigration officer if asked for it.Further, your card is valid for 10 years and must be renewed before it expires. What follows are the main responsibilities of a green card holder and a brief discussion on how to fulfill those responsibilities.

responsibilty-of-green-card-holderYour Rights as a Permanent Resident

As a permanent resident (green card holder), you have the right to:

Live permanently in the United States provided you do not commit any actions that would make you removable under immigration law, such as committing certain crimes;

Work in the United States at any legal work of your qualification and choosing;

Be protected by all laws of the United States, your state of residence and local jurisdictions.

Your Responsibilities as a Permanent Resident

As a permanent resident, you are:

Conditional Permanent Resident Card

A conditional permanent resident receives a green card valid for 2 years. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed or you will lose your permanent resident status.

Removing Conditions

Travel

 A green card holder is free to travel, both inside the United States and abroad. However, if the trip will last more than 12 months, additional documentation will be required to reenter the U.S. Temporary or brief travel generally does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status.  Typically, a green card holder will be considered to have abandoned their residencyif they have been absent from the United States for more than a year. Abandonment, however, may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent home.  While brief trips abroad generally are not problematic, there are many factors that an officer may consider in determining whether you intend on abandoning your status, such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

What documents do you need to travel outside the United States?

In general, you will need to present a passport from your country of citizenship or your refugee travel document to travel to a foreign country.  In addition, the foreign country may have additional entry/exit requirements (such as a visa).  For information on foreign entry and exit requirements, see the Department of State’s webpage.If you are unsure about a particular country’s requirements, contact us and we will be glad to assist you.

What documents do you need to present to reenter the United States?

If you are seeking to enter the United States after temporary travel abroad, you will need to present a valid, unexpired “green card” (Form I-551, Permanent Resident Card). When arriving at a port of entry, a U.S. Customs and Border Protection Officer will review your permanent resident card and any other identity documents you present, such as a passport, foreign national I.D. card or U.S. Driver’s License, and determine if you can enter the United States.  For information pertaining to entry into the United States, see U.S. Customs and Border Protection’s webpage, or contact us.

What if your trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad.  Please note, however, that it does not guarantee entry into the United States upon your return, as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. Please contact us if you plan on travelling for more that year if you are a green card holder.

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam.  There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization.  If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470.

It is strongly advised to contact our office if you are a green card holder and wish to travel for a significant period of time, especially if your trip will last longer than a year.

Maintaining Green Card

Once you become a lawful permanent resident (green card holder), you must maintain permanent resident status until you either apply for and complete the naturalization process; or lose or abandon your status.

There are several ways that you can lose your status as a lawful permanent resident, such as committing a crime (depending on the nature of the crime) or abandoning your residency as discussed above. We will be glad to help you understand these provision if you have any questions.

Obtaining a green card is a great step in the immigration process, but it is not the last step. If you have questions or concerns about your rights and responsibilities as a permanent resident and green card holder, we will be glad to assist you and help ensure that you will not lose your status as a permanent resident.