Obtaining permanent residency in the United States is a life-altering event. The new green card holder knows that he or she can live and work in the United States for life.
Lost in the euphoria of the moment, many green card holders don’t realize that U.S. permanent residency can be lost. A person often risks losing permanent residency without even knowing it. The following are just a few of the ways that permanent residency may be lost – and how to avoid losing it. The best way to avoid losing permanent residency is to become a naturalized U.S. citizen (if eligible).
To learn more about permanent residency and naturalization, please contact a NYC visa lawyer.
Taxes
Simply put, a permanent resident is expected to pay annual income taxes as if he or she is a permanent resident of the United States. At no point should a LPR (lawful permanent resident) attempt to pay taxes as a temporary, nonimmigrant foreign national. If an accountant does a permanent resident’s taxes, the green card holder should make sure the accountant knows that he or she is not a temporary visa holder.
Never Claim To Be U.S. Citizen, Vote or Register to Vote
A lawful permanent resident should never claim to be a U.S. citizen while a green card holder. Doing so can make a person ineligible for naturalization, and result in immigration removal proceedings being initiated against that person.
Individuals often fall into a trap of claiming to be a U.S. citizen when they apply for a driver’s license. In many states, an application for a driver’s license has a little section of it which asks if an applicant also wants to register to vote. FOREIGN NATIONALS SHOULD NOT REGISTER TO VOTE, as this can be viewed as claiming to be a U.S. citizen.
Selective Service
If a green card holder is a male between the ages of 18 and 25, he is required to register for the Selective Service. The Selective Service is the service that will administer the draft – if a draft is ever reinstated. More information can be found at the Selective Service website (www.sss.gov).
Criminal Activity
No matter how long someone is a U.S. permanent resident, being convicted of a crime creates the possibility of having permanent residency stripped and facing possible removal from the United States.
If ever arrested, please immediately consult an immigration attorney. Not all convictions will result in the striping of permanent residency. However, many will, and it is best to know exactly where one stands at the beginning of any criminal case.
Ties to, and Presence in, the United States
As a permanent resident of the United States, a person is expected to reside in the United States.
As a general rule, it is presumed that a lawful permanent resident maintains residency if he or she is never outside of the United States for more than six months at any one time. If a lawful permanent resident is outside of the United States for between six months and one year, the U.S. government may require evidence that a lawful permanent resident has maintained his or her residency in the United States. An absence of more than one year will create a presumption that permanent residency has been abandoned.
Needless to say, the firm suggests lawful permanent residents never remain outside the United States for more than six months at a time. In addition, a lawful permanent resident should always maintain ties (e.g. financial, personal, family, etc.) to the United States. A permanent resident should expect to reside in the US.
The Ultimate Solution: Naturalize
Many permanent residents want to become U.S. citizens – some do not. There is no requirement to become a citizen, and the decision is completely up to the individual.
However, being a U.S. citizen offers a person significantly more rights and protections than being a permanent resident. Most importantly, it is impossible to be deported or stripped of citizenship once you get it (unless it was originally obtained by deceit).
Before applying for naturalization, please contact a naturalization lawyer to ensure your eligibility. It is better to be safe than sorry.