ImmigrationINFO Immigration News For Our Community Ò Rights & Responsibilities of a Green Card Holder

Feb 11, 2018 News

By Attorney Gail Seeram

A green card is issued to all permanent residents as proof that they are authorized to live and work in the United States. If you are a permanent resident age 18 or older, you are required to have a valid green card in your possession at all times. Current green cards are valid for 10 years, or 2 years in the case of a conditional resident (married less than two years to your spouse), and must be renewed before the card expires.
A green card can be used to prove employment eligibility in the United States when completing the Form I-9, Employment Eligibility Verification. It can also be used to apply for a Social Security Card and a state issued driver’s license. A green card is valid for readmission to the United States after a trip abroad.

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.
You may be found to have abandoned your permanent resident status if you:
(1) move to another country intending to live there permanently;
(2) remain outside of the United States for more than 1 year.
However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year;
(3) remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year;
(4) fail to file income tax returns while living outside of the United States for any period;
and (5) declare yourself a “nonimmigrant” on your tax returns.
You have certain rights and responsibilities as a permanent resident.
As a permanent resident (green card holder), you have the right to:
(1) live permanently in the United States provided you do not commit any actions that would make you removable under immigration law;
(2) work in the United States at any legal work of your qualification and choosing;
and (3) be protected by all laws of the United States, your state of residence and local jurisdictions.
As a permanent resident, you have the responsibilities to:
(1) obey all laws of the United States, the states, and localities;
(2) file your income tax returns and report your income to the U.S. Internal Revenue Service and state taxing authorities;
(3) support the democratic form of government and not to change the government through illegal means;
(4) …if you are a male age 18 through 25, register with the Selective Service;
and (5) notify U.S. Citizenship & Immigration Services of a change of address within 10 days after you move by filing Form AR-11.
With the current Trump administration, we caution those green card holders or lawful permanent residents who spend less than three (3) months in the U.S.
With digital passports and green cards being swiped, it is easier for an immigration officer to determine how much time is spent in the U.S.. If you are not using a green card to live in the U.S., then an option may be to surrender the green card and apply for a B-1/B-2 visitor visa or start living in the U.S. as a permanent resident – you can’t live abroad and want to maintain a U.S. permanent resident card.
Email: Gail@GailLaw.com
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