Congratulations! You finally have your Green card. You’re a lawful permanent resident. Here are some important considerations about what you can do with it and how to keep this valuable and hard earned legal status .
As a Green Card holder you can...
Get a Social security card.
You now may apply for an unrestricted Social Security card. Simply contact the Social Security office and show them that you now have a permanent Green Card. You can do this by going to their website, giving them a call or contact us, we’re always here to help.
Become a US citizen
You may be ready to become a citizen...
Most Green Card holders can apply for citizenship five years after getting a Green Card. If your Green Card came through marriage, then the wait is only 3 years. To get started even sooner, you can submit your application (Form N-400) up to 90 days before either anniversary. (5 year Lawful Permanent Resident (“LPR”) or 3 Year Marriage) Just be aware when filing your N-400 application, you must have been in the U.S. for 30 of the past 60 months (or 18 of the previous 36 months if Green Card is through marriage) and during times of travel, you must maintain your residence in the U.S. The government looks to whether you maintained your residence within the U.S. during this critical period. Generally speaking, a departure of less than six months does not break residence while a departure of more than six months does. (for more, see guidance on travel below.) So if you’re ready to file, contact us, we’re ready to help!
Green Cards for a family member(s)...
As a Green Card holder, you may petition for certain family members such as your spouse or child to get a Green Card. But unlike a U.S. Citizen, there may be significant waiting periods before they are eligible. Also the pool of relatives you can sponsor is smaller and does not include your parents, brother/sister or your married child. If you are close to obtaining your US Citizenship, a better course of action may be to first obtain your Citizenship and then apply for your family as a U.S. Citizen, where there is no wait. Contact us for a free confidential consultation about the ways to proceed.
Travel
As a Green Card holder you are allowed to travel abroad. Just bring your card with you along with your passport. Also realize, that your ability to travel as an LPR is not absolute and you must be mindful of the following…
Length of trip. If you are traveling for longer than 6 month you need to apply for a re-entry permit. That permit may be valid for up to two years. If you travel without securing this permit then you may lose your residency and not be allowed back into the U.S.
Purpose of trip. Your Green Card is based on your announced intention to live in the U.S. The U.S.government may deem you have abandoned this intention and thus your residency based on a travel history and the reason(s) behind it. These factors include: The length of your trip(s), The amount of time spent in the United States, Where you work, Your ties to the United States, whether you maintain a home in the United States and whether you have been paying your U.S. taxes. If you plan to be out of the U.S. for longer than 6 months you should consult with an attorney before leaving.
Important considerations for Keeping your green Card and Lawful PermAnEnt Resident Status…
Now that you worked hard to get your Green Card, Here are a few tips to keeping it...
Report your change of address to the government…
Within 10 days of moving to your new address, report the new address to the government. This is something that’s easy to do but if overlooked, could have severe consequences including the loss of your Green Card.
If you have a conditional Green Card (2-year Green Card) remember to file to remove conditions...
If you have a “conditional” Green Card you are required to file an I-751 petition to remove the conditions and receive your permanent card. This must be filed within the 90 days before the expiration of your conditional Green Card in order to maintain your resident status. This is an important deadline. If you don’t file it within the required time, the government will terminate your Lawful Permanent Residence status and ultimately may send you a Notice to Appear in Immigration Court to have you removed from the country. You should contact a licensed professional about this important requirement, especially if you’ve already missed this deadline. While the best cure is prevention (filing on time) if you missed the deadline because you are no longer married or other circumstances prevented you from filing, we may still be able to help. The Law Offices of Jeffrey D. Garfin is experienced in filing to Remove of Conditions on a Green Card (even filed late) As with all applications,a solution available today may no longer be available tomorrow. So call us for a free confidential consultation about keeping your Green Card.
Don’t Vote…
You cannot vote, or register to vote, in federal elections. Voting in federal elections will permanently prevent you from becoming a citizen. As for local elections you may be allowed to vote but be very careful to check this out before heading to the voting booths.
Pay your taxes!
Green Card holders are required to report income: both earned in the U.S. and outside the country and to file U.S. federal income tax returns. Failing to file can prevent you from becoming a U.S. citizen. Also depending on your state of residence, you may be responsible to file state income tax.
Be a law abiding future Citizen! Some crimes can lead to loss of Green Card and Removal from the U.S.
As a Lawful Permanent Resident, you can be removed from the U.S. for committing certain crimes. Oftentimes the consequences for a Green Card holder extend far beyond the criminal court and may become the most severe form punishment. It’s important that a Lawful Permanent Resident consider the immigration consequences of any plea (and hopefully discuss this status with his criminal defense attorney) before pleading guilty or admitting facts or responsibility to any crime. The Law offices of Jeffrey D. Garfin has experience in both immigration and criminal law and the dangerous intersection of the two often referred to as “Crimigration”. Sometimes the best solution is to structure a criminal plea so as to mitigate any immigration exposure. Crimes that can cause a Green Card holder to be removed, include:most felonies, drug crimes and crimes involving immoral behavior.(“moral turpitude”) If you are applying for citizenship, please carefully go over any criminal history as there’s only one thing worse than being denied citizenship and that is losing your hard earned Green Card and facing removal from the Country.