Maintaining Permanent Residence Status in United States
Lal Varghese, Attorney at Law, Dallas

A green card (I-551) is issued to all lawful permanent residents (LPR) 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 (CR), 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 or picture ID. A green card is valid for readmission to the United States after a trip abroad if you do not leave for longer than 1 year. If your trip will last longer than 1 year, a reentry permit is needed. 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:
• Move to another country intending to live there permanently;
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or 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;
• 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;
• Fail to file income tax returns while living outside of the United States for any period;
• Declare yourself a “nonimmigrant” on your tax returns;
• Failure to maintain your ties to United States by having bank accounts, credit card accounts, investments, ownership of property, residence, close relatives living in United States.

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
• Work in the United States at any legal work of your qualification and choosing. (Please note that some jobs will be limited to U.S. citizens for security reasons)
• Be protected by all laws of the United States, your state of residence and local jurisdictions
As a permanent resident, you are:
• Required to obey all laws of the United States the states, and local governments;
• Required to file your income tax returns and report your income to the U.S. Internal Revenue Service and state taxing authorities;
• Expected to support the democratic form of government and not to change the government through illegal means;
• Required, if you are a male age 18 through 25, to register with the Selective Service.

If 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 do a security check including criminal check to determine, and abandonment of residency status related documents to decide whether you are eligible to enter the United States.

Permanent residents are free to travel outside the United States, and temporary or brief travel usually 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. A general guide used is whether you have been absent from the United States for more than a year. Abandonment 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 residence. While brief trips abroad generally are not problematic, the officer may consider criteria 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.

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 and then appear for finger printing before you leave. 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. Consulate abroad. Please note 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. 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 which is available only for certain limited type of permanent residents like religious workers, U. S government employees etc. Under a recent amendment to the laws, an LPR who stays more than six months and then return within one year, you may be considered as seeking admission like any other non immigrant visa holders and your application for admission can be denied by the CBP officer if he found that you abandoned your permanent resident status. Hence, it is important you should return within six months of departure from United States, unless you apply for a re-entry permit before you leave and appear for finger printing.

Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyers Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You may visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters.