Becoming a lawful permanent resident (LPR) of the United States is a significant achievement, granting you the right to live and work in the country indefinitely. However, holding a green card comes with responsibilities. It’s important to be mindful of actions that could jeopardize your status. In this guide, we’ll cover key dos and don’ts to help you protect your permanent residency.
Prioritize Physical Presence in the United States
One of the most crucial aspects of maintaining your permanent resident status is spending sufficient time in the United States. Extended absences, especially those lasting more than six months, can raise questions about your intent to live in the U.S. as your primary residence.
What to Do: Make the U.S. your main home and plan international trips carefully. If you need to be abroad for an extended period, try to keep your absence under six months whenever possible. Frequent or prolonged stays overseas can be interpreted as a lack of commitment to residing in the United States.
What to Avoid: Don’t take long trips abroad without planning for potential consequences. If you have to be away for an extended time due to family, work, or medical reasons, consider applying for a reentry permit. This document allows you to stay outside the U.S. for up to two years without losing your status.
Maintain Ties to the United States
Aside from physically being present, it’s essential to show that you consider the U.S. your permanent home. Demonstrating your ties to the country can help defend your status if it is ever questioned.
What to Do: Keep a U.S. address, maintain a driver’s license or state ID, file taxes as a resident, and participate in local activities. Maintain bank accounts and hold memberships in community organizations. These actions signal that your life is rooted in the United States.
What to Avoid: Don’t sever connections to the U.S. If you sell property, close bank accounts, or make decisions that suggest you’ve settled elsewhere, this can negatively impact your status. Even if you are overseas, continue engaging with your ties to the United States.
File Taxes Correctly
Filing U.S. income taxes is mandatory for all permanent residents. Failing to do so can be a serious misstep, potentially leading to consequences beyond financial penalties. It may even be used as evidence that you have abandoned your residency.
What to Do: File your taxes every year and be sure to file as a resident. This demonstrates your intent to maintain your status. If you’re confused about how to file, especially if you have income from both U.S. and foreign sources, consult a tax advisor familiar with international taxation.
What to Avoid: Avoid filing as a nonresident or failing to report worldwide income. Doing so could imply that you do not consider the U.S. your permanent home, which could put your green card at risk.
Obey All Laws
Green card holders are expected to follow all federal, state, and local laws. Certain criminal activities can lead to deportation or make you inadmissible if you leave the country and try to return. Even lesser offenses can cause significant complications for your immigration status.
What to Do: Be mindful of the law. If you are arrested or charged with a crime, reach out to an immigration attorney immediately. Some legal issues can be resolved in a way that minimizes immigration consequences, but only if handled properly and promptly.
What to Avoid: Don’t ignore legal troubles or assume they won’t affect your status. Even seemingly minor infractions could have serious implications, particularly those involving fraud, domestic violence, or controlled substances.
Keep Immigration Documents Updated
Being proactive about your immigration paperwork is another critical step in maintaining your status. This includes renewing your green card, updating your address with USCIS, and being aware of key deadlines.
What to Do: Make a note of your green card’s expiration date and file for renewal at least six months before it expires. Also, inform USCIS of any address change within 10 days of moving. Staying on top of your documentation shows you’re responsible and organized in maintaining your residency.
What to Avoid: Don’t let your green card expire or fail to notify USCIS when you move. An expired green card can make it harder to travel, get a job, or prove your status. Address changes are required by law, and neglecting to update USCIS can lead to complications.
Avoid Unlawful Voting
Only U.S. citizens have the right to vote in federal and state elections. Voting unlawfully is a serious offense for permanent residents and can result in deportation or being barred from becoming a citizen.
What to Do: Understand the voting laws and know your rights. If you’re asked to register to vote, politely decline and explain that you’re not a U.S. citizen. Sometimes people register to vote accidentally when getting a driver’s license, so pay attention to the questions.
What to Avoid: Never register or attempt to vote in a federal, state, or local election. The consequences can be irreversible, impacting your eligibility for future immigration benefits.
Be Mindful When Traveling Abroad
Traveling as a green card holder involves more than just getting on a plane. Your actions and interactions during international travel can affect your status, especially if you’ve been away for an extended time.
What to Do: Travel with your valid green card and passport from your country of citizenship. Be ready to explain the purpose and duration of your trips abroad when re-entering the United States. If your travel plans involve lengthy stays, prepare documentation to show your intent to return.
What to Avoid: Don’t assume that your green card automatically guarantees re-entry if you’ve been outside the U.S. for an extended period. If you’re questioned at the border, inconsistent statements or a lack of documentation can create problems. Always be transparent and organized.
Understand the Path to Citizenship
While maintaining your permanent resident status is essential, many green card holders eventually consider applying for U.S. citizenship. Becoming a citizen comes with additional rights and protections, but there are specific requirements you must meet.
What to Do: Familiarize yourself with the naturalization requirements, such as continuous residency, physical presence, and good moral character. Start preparing for the citizenship test and interview well in advance. Understanding the process will help you decide if and when you’re ready to apply.
What to Avoid: Don’t wait until the last minute to think about naturalization. If citizenship is your goal, start building a solid case early, focusing on community ties and positive contributions to society.
Protecting Your Permanent Resident Status
Maintaining your permanent resident status is essential for securing your future in the United States. By prioritizing your physical presence, complying with tax obligations, and avoiding legal issues, you can safeguard your path forward. We understand how high the stakes are and how complex the rules can seem. If you’re concerned about protecting your status, Saavedra & Perez Law is here to guide you every step of the way. Let us help you navigate these challenges with confidence and clarity.